MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("Agreement") is entered into, as of this - day of
DeeerribeT, 2020, by and between Bob Gualtieri, as Sheriff of Pinellas County, Florida
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("Sheriff') and the City of Clearwater Police Department (CPD) (collectively referred to herein
as "Parties").
RECITALS
WHEREAS, law enforcement routinely responds to calls involving people with mental
and behavioral health issues;
WHEREAS, Florida law authorizes law enforcement officers to take people into custody
for an involuntary mental health examination under the State's Baker Act;
WHEREAS, law enforcement officers receive some training to assist them in
recognizing mental and behavioral health disorders, but law enforcement officers are not mental
health providers;
WHEREAS, it is likely to result in better outcomes, including avoiding having to take
people into custody, if law enforcement officers are accompanied by a mental health professional
when responding to calls involving individuals exhibiting signs and symptoms of mental or
behavioral health issues.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
promises herein contained, the Parties, intending to be legally bound, do hereby agree to
participate in the Pinellas County Mental Health Unit (MHU) pursuant to the terms and
conditions as listed herein.
1. Composition of the Mental Health Unit. To accomplish the goals of this
Agreement, the MHU will be staffed by deputy sheriffs employed by the Pinellas County
Sheriff's Office, police officers employed by the Clearwater Police Department and co -
response crisis response specialists employed by the Pinellas County Sheriff's Office. The
MHU law enforcement officers will be co -supervised by a law enforcement sergeant
employed by the Pinellas County Sheriff's Office and by a law enforcement sergeant
employed by the Clearwater Police Department. The crisis response specialists will be
supervised by a licensed clinical supervisor employed by the Pinellas County Sheriff's
Office.
2. Purpose. The purpose of the MHU is to implement a mental health co -response
model under which a deputy sheriff or police officer will respond to mental and behavioral
health related calls accompanied by a mental health professional. The co -response team will
work collaboratively to assess the situation and determine the best response to the situation. The
MHU will also provide follow-up care and referral to long-term case management for those in
need in an effort to reduce repeated calls and recidivism in the mental health and criminal justice
systems.
3. Team Structure. The MHU will be comprised of eight teams. Six teams will be
staffed with a deputy sheriff and a crisis response specialist and two teams will be staffed by a
CPD officer and a crisis response specialist. Some teams will be assigned as primary responders
to active calls involving people with mental or behavioral health issues. Some teams will be
assigned to follow-up care and case management. The two CPD teams will be assigned as
primary responders to active calls primarily occurring within the city of Clearwater.
4. Sheriff's Supervisory Responsibility for Crisis Response Specialists. The
crisis response specialists are solely employees of the Sheriff and there is no employment
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relationship between the crisis response specialists and CPD or the City of Clearwater. Sheriff is
solely responsible for hiring and supervising the crisis response, specialists.
5. CPD's Responsibility for Officers. The CPD officers assigned to the MHU
remain CPD employees and CPD is solely responsible for the officers' salaries, benefits and any
other compensation. The officers are not employees of the Sheriff. The CPD officers assigned to
the MHU shall be governed by all policies and procedures applicable to them by CPD.
6. Term. This MOA will remain in effect unless terminated as set forth herein.
7. Costs. The Parties shall each bear their own personnel costs, including all
overtime expenses associated with MHU activities, except that CPD will reimburse Sheriff for
the costs of two crisis response specialists assigned to team with the CPD officers. CPD shall pay
to Sheriff the annual amount of $71,600 for each crisis response specialist. CPD shall not be
responsible to pay the costs of the two crisis response specialists assigned to the team with the
CPD officers if those positions are vacant and unfilled for more than two consecutive weeks.
This amount represents base salary plus all benefit costs. The payments shall be made quarterly
for work performed during the previous quarter. The amount paid by CPD annually is subject to
increase based on actual annual cost increases for salary and benefits incurred by Sheriff.
8. Term and Termination. This MOA will remain in effect unless terminated as
set forth herein. Either party can terminate this MOA by providing the other party 15 days
written notice.
9. Sovereign Immunity. Nothing herein is intended to waive or abrogate any
parties entitlement to sovereign immunity or its provisions as set forth in F.S. § 768.28.
10. Third Party Beneficiary. Nothing herein is intended to create any third party
benefit.
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11. Governing Law. The validity, interpretation, and enforcement of this Agreement
shall be governed by, construed and interpreted in accordance with, the laws of the State of
Florida.
12. Entire Agreement. This Agreement contains the entire agreement and
understanding of the Parties with respect to the subject matter hereof and supersedes all prior
agreements, written or oral, and all other communications between the parties relating to such
subject matter.
13. Amendments and Modifications. This Agreement shall not be amended,
altered, modified, or changed except by a written agreement signed by the Parties.
14. Notice. All notices given under this Agreement shall be in writing and deemed
effectively given when sent by certified mail, or in person with proof of delivery, to the
respective Party's headquarters. Any party changing their headquarters address or requesting
notice to an alternative address must notify the other parties in writing at least 30 days prior to
the new notice address becoming effective.
15. Acknowledgement. The Parties acknowledge having read this Agreement in full,
understand all of its terms and obligations and they enter into this Agreement freely and
voluntarily.
IN WITNESS WHEREOF, the parties have executed this Agreement.
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PINELLAS CO SHERIFF'S OFFICE
By\
Bob ualtieri, Sheriff
Date: / 01./ 2..O
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ATTEST:
je- td-t-il/LOA
CITY CLERK, Rosemarie
APPROVED AS TO FORM
Asst. Ci
ttorney
atthew M. Smith
.✓
Frank V. Hibbard
By ik\ASJAA'n
City Manager
By
Daniel Slaughter, hief of Police
Date:
/17/e(
lfq
Liam B. Horne II
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