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HomeMy WebLinkAbout11-05-18 City Commission Packet Materials - C7. Agreement with Bozeman Health for BPD Services REPORT TO: Honorable Mayor and City Commission FROM: Jim Veltkamp, Deputy Chief of Police SUBJECT: Request to authorize Andrea Surratt to sign an agreement with Bozeman Health for Contracted Bozeman Police Department Services. MEETING DATE: November 5, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize Andrea Surratt to sign an agreement with Bozeman Health for the Bozeman Police Department to provide officers on a Contracted Services basis. BACKGROUND: As the Bozeman community continues to grow, so do the services provided by Bozeman Health and, specifically, the Bozeman Health Emergency Room. During certain times and days of the week, a higher number of the incidents handled at the Emergency Room necessitate a presence by law enforcement. Incidents requiring law enforcement presence and intervention frequently include those involving drugs or alcohol, mental health issues, or crimes such as assault or disorderly conduct. During those times, Bozeman Police patrol officers spend a significant amount of time at the Emergency Room on specific incidents. Although some incidents involve an officer accompanying someone to the Emergency Room, there are other times when an officer must be called to respond for an incident. Due to this frequent occurrence, Bozeman Health has requested the presence of an additional Bozeman Police Officer, whenever possible, between the hours of 8:00 pm and 12:00 am from Thursday to Sunday each week. Having this contracted service would increase the availability of an officer in the Emergency Room. This presence would increase the overall safety and security of the Emergency Room and would decrease the need to have a patrol officer respond from another portion of town. UNRESOLVED ISSUES: There are no known unresolved issues. ALTERNATIVES: As the commission directs. 83 FISCAL EFFECTS: The fiscal arrangement within this contact requires Bozeman Health to reimburse the City of Bozeman at the rate of $60 per officer per contracted hour. This rate covers the average overtime cost, including benefits, for the City of Bozeman to provide this service. Due to this arrangement, the costs to the City of Bozeman are negligible. Attachments: Agreement for Contracted Bozeman Police Department Services Report compiled on: October 25, 2018 84 Page 1 Agreement for Contracted Bozeman Police Department Services This agreement is entered into this day 1st of October, 2018 (“Effective Date”), by and between the City of Bozeman, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771, hereinafter referred to as “City” and Bozeman Deaconess Health Services d/b/a Bozeman Health , with a mailing address of 915 Highland Blvd., Bozeman, MT 59715, hereinafter referred to as “Bozeman Health.” Bozeman Health and the City desire to enter into this Agreement for the purpose of assigning on-duty City police officer(s) at the location described herein to provide security, law enforcement and/or traffic control for an agreed hourly fee according to the terms of this Agreement. In receipt of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Scope of Services. Bozeman Health wishes to have one (1), on-duty Bozeman Police Department (“BPD”) police officer onsite to provide law enforcement services for the temporary assignment described below: Thursdays through Sundays, from 8:00 pm to 12:00 am, for the term of this Agreement. All hours are subject to overtime availability of staff and must be approved by the Chief of Police or designee prior to the assignment. 2. Officer Assignment; Recall. The Bozeman Police Department agrees to offer the hours to current sworn police officers. Bozeman Health understands that the Bozeman Police Department will attempt to provide an officer for all requested dates during the temporary assignment, but is not bound to do so, based on BPD staffing needs and the availability of officers to work the event. In addition, Bozeman Health understands and agrees that a BPD officer assigned to Bozeman Health may be recalled by the City at any time in the event of emergency, BPD’s bona-fide staffing needs, and for any other situation where it is deemed in the best interest of the City by the Chief of Police or designee. Bozeman Health further understands that the City remains the employer of the assigned officer(s) and all work assignments, discipline, and commendation must be handled by the City. The officer(s) are considered as on-duty for the City of Bozeman and are deemed to be acting within the course and scope of their official duties while performing under the terms of this Agreement. 85 Page 2 3. Payment. Bozeman Health agrees that it shall timely reimburse the City of Bozeman in the amount of $60 an hour for every hour worked by the assigned BPD officer. The City shall bill Bozeman Health within 30 days after the conclusion of the event(s) described above and this bill shall be paid within 15 calendar days of the date of the bill, paid to the City of Bozeman, Finance Department. 4. Term. Unless earlier terminated pursuant to Section 6, this Agreement will be effective for one (1) year after the Effective Date. 5. Compliance with City Policies. The parties agree that while performing this work assignment, the officers shall be subject to and follow the Bozeman Police Department policies, rules, regulations, procedures and standards. 6. Termination. Either Party may terminate this Agreement with 48 hours prior written notice to the other Party. Termination by the Bozeman Health within 24 hours prior to the start time of a temporary assignment work shift will result in a 2 hour minimum charge. 7. Indemnification. a. Bozeman Health shall be liable and hereby agrees it shall defend, indemnify, and hold harmless the City, the Bozeman Police Department, and their officers, agents, employees and officials from and against any and all claims, causes of action, damages, costs and expenses including attorney fees, arising out of or in connection with Bozeman Health’s performance under this Agreement to the extent allowable by law. b. The City shall be liable and hereby agrees it shall defend, indemnify, and hold harmless the Bozeman Health, its officers, agents, employees and officials from and against any and all claims, causes of action, damages, costs and expenses including attorney fees, arising out of or in connection with BPD’s performance under this Agreement to the extent allowable by law. 8. Insurance. Bozeman Health shall maintain general liability insurance covering the obligations assumed under Section 7 of this Agreement in the amount of at least $1,500,000 per occurrence. The City will maintain workers’ compensation insurance for the assigned officer. 86 Page 3 9. Excluded Individuals. The City and BPD represents to Bozeman Health that its officers providing services under this Agreement (i) are not “sanctioned persons” under any federal or state program or law; (ii) have not been listed in the current Cumulative Sanction List of the Office of Inspector General for the United States Department of Health and Human Services for currently sanctioned or excluded individuals or entities, (iii) have not been listed on the General Services Administration’s list of Parties Excluded from Federal Programs, and (iv) have not been convicted of a criminal offense related to healthcare. 10. Compliance with Laws. BPD will comply with all applicable laws and City of Bozeman rules and regulations in the performance of this Agreement. 11. Patient Confidentiality. The City and BPD acknowledges that patient medical information is confidential information and is protected by state and federal law. The City and BPD shall not disclose patient-identifiable information to any third party and shall use patient-identifiable information only to the extent necessary to perform the services under this Agreement. The City and BPD shall be liable for any misuse, misappropriation, disclosure, or any other breach of the private nature of patient- identifiable information arising out of BPD’s performance under this Agreement. 12. Nondiscrimination. All hiring by Bozeman Health of persons performing this Agreement shall be on the basis of merit and qualifications. Bozeman Health will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Bozeman Health will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. 13. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 14. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 87 Page 4 15. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 16. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. Neither party may subcontract or assign their rights, including the right to compensation or duties arising hereunder, without the prior written consent of the other party. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 19. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein above written. 88 Page 5 City of Bozeman, Montana Bozeman Deaconess Health Services d/b/a Bozeman Health By______________________________ By_____________________________ Andrea Surratt, City Manager Name: John G. Hill, Chief Executive Officer APPROVED AS TO FORM: By: ____________________________ Name: Darci Bentson, Chief Legal Officer By_______________________________ Greg Sullivan, Bozeman City Attorney 89 37N2V8JBE4ZLBD4GX9EIME John Hill Party ID: 9WK3M3ICYLSK2IESNPXUV4 IP Address: 69.163.90.8 VERIFIED EMAIL:jhill@bozemanhealth.org Multi-Factor Digital Fingerprint Checksum d5e2e222505b30657eec9d7996e35f4634e09d4f Darci Bentson Party ID: RNKIUIIAJ22PMJPZUHM642 IP Address: 71.15.192.135 VERIFIED EMAIL:dbentson@bozemanhealth.org Multi-Factor Digital Fingerprint Checksum 44eba153a37c16f21555ad2807d1ff01b76a5434 Timestamp Audit 2018-10-03 04:15:22 -0700 All parties have signed document. Signed copies sent to: Ann C Weddle, John Hill, and Darci Bentson. 2018-10-03 04:15:22 -0700 Document signed by John Hill (jhill@bozemanhealth.org) with drawn signature. - 69.163.90.8 2018-10-03 04:15:08 -0700 Document viewed by John Hill (jhill@bozemanhealth.org). - 69.163.90.8 2018-10-02 20:20:02 -0700 Document signed by Darci Bentson (dbentson@bozemanhealth.org) with drawn signature. - 71.15.192.135 2018-10-02 20:16:38 -0700 Document viewed by Darci Bentson (dbentson@bozemanhealth.org). - 71.15.192.135 2018-09-26 13:34:28 -0700 Document created by Ann C Weddle (aweddle@bozemanhealth.org). - 216.67.187.238 Page 1 of 1 90