Title
a. Approve and accept the revised Law Enforcement Agency Agreement template applying the fees in the recently amended Fee Schedule Adjustment, adopted by the Board of Supervisors on September 27, 2022, Resolution No. 22-368, and to be used in partnering with local Law Enforcement Agencies to ensure the continuation of the Sexual Assault Response Team Program and ensure the continuation of a prompt, organized, and effective team response to cases of adult, adolescent, and acute pediatric sexual assault in Monterey County; and
b. Accept recommendation of Director of Health of non-standard insurance and mutual indemnification provisions; and
c. Approve and authorize updates to the Law Enforcement Agency Agreement template in accordance with local, state, and federal law, subject to review and approval of County Counsel; and
d. Approve and authorize amendments to the text of the Law Enforcement Agency Agreement template that do not significantly change the level of risk or the scope of a party’s obligations or responsibilities, subject to review and approval of County Counsel; and
e. Approve and authorize execution by the Director of Health or Assistance Director of Health of the Law Enforcement Agency Agreement template with local Law Enforcement Agencies upon execution through June 30, 2026.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and accept the revised Law Enforcement Agency Agreement template, applying the recently amended Fee Schedule Adjustment, adopted by the Board of Supervisors on September 27, 2022, Resolution No. 22-368, and to be used in partnering with local Law Enforcement Agencies to ensure the continuation of the Sexual Assault Response Team Program and ensure the continuation of a prompt, organized, and effective team response to cases of adult, adolescent, and acute pediatric sexual assault in Monterey County; and
b. Accept recommendation of Director of Health of non-standard insurance and mutual indemnification provisions; and
c. Approve and authorize updates to the Law Enforcement Agency Agreement template in accordance with local, state, and federal law, subject to review and approval of County Counsel; and
d. Approve and authorize amendments to the text of the Law Enforcement Agency Agreement template that do not significantly change the level of risk or the scope of a party’s obligations or responsibilities, subject to review and approval of County Counsel; and
e. Approve and authorize execution by the Director of Health or Assistance Director of Health of the Law Enforcement Agency Agreement template with local Law Enforcement Agencies upon execution through June 30, 2026.
SUMMARY/DISCUSSION:
The Monterey County Health Department (MCHD) has operated the Sexual Assault Response Team (SART) Program since July 1, 2007. SART includes highly trained health professionals who perform forensic examination and treatment of individuals, both adults and children, who are suspected to have been the victims of sexual assault. These examiners are called upon to recover evidence based on these examinations and provide testimony during court proceedings. Local Law Enforcement Agencies contract with MCHD to provide these services, which recovers a portion of the costs associated with performing examinations and providing testimony in court.
The Coordinator for SART will work directly with the Monterey County District Attorney’s Office, along with local Law Enforcement in 12 cities, including: Carmel-By-The-Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Salinas, Soledad, Sand City, and Seaside. The Campus Security Authorities at the California State University Monterey Bay (CSUMB) and the Monterey Airport Police Agency. Local law enforcement agencies will be required to provide annual contribution and they will be charged per each examination performed in accordance with the most current approved Monterey County Health Department Fee Schedule, which recovers a portion of the costs associated with performing examinations and providing testimony in court.
This template includes the fees adopted in the recently amended Fee Schedule Adjustment pursuant to Penal Code Section 13823.95, adopted by the Board of Supervisors on September 27, 2022, Resolution No. 22-368. The revised SART fees were approved by the Monterey County Chief Law Enforcement Officer Association (MCCLEOA) in an effort to assure the viability of the Monterey County’s Sexual Assault Response Team (SART) Program. The revised fees were updated to more closely reflect, while still not exceeding, the actual and reasonable cost of services and benefits provided to the public by the Health Department’s Administration Bureau.
Pursuant to Penal Code Section 13823.95, the County will charge local Law Enforcement agencies in order to recover a portion of the cost associated with performing victim forensic examinations and testifying in court at their request; and Law Enforcement may seek reimbursement to offset the cost of conducting medical evidentiary examinations for victims of sexual assault.
The Fee Schedule Amendment was adopted as follows: Victim Examination SART Program Service Fee increase from $925 per exam to $2,052 per exam so as long as OES reimburses the Victim Examination Fee, and if the OES reimbursement is no longer available based on lack of funding, the cost per exam will revert back to $925 per exam. The Annual Retainer “Readiness Participation” Fee of $2,000 be credited to the Law Enforcement Agency for any SART exams performed, but if no SART exams are performed then the $2,000 stays with the County SART Program.
This work supports the Monterey County Health Department 2018-2022 Strategic Plan Goals: 3. Ensure access to culturally and linguistically appropriate, customer-friendly, quality health services; and 4. Engage MCHD workforce and improve operational functions to meet current and developing population health needs. It also supports one of the ten essential public health services, specifically: 2. Diagnose and investigate health problems and health hazards in the community; 4. Mobilize community partnerships and action to identify and solve health problems; 6. Enforces laws and regulations that protect health and ensure safety; and 7. Link people to needed personal health services and assure the provision of health care when otherwise unavailable.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel and the Auditor-Controller have reviewed and approved this Agreement as to form and fiscal provisions, respectively.
FINANCING:
There is no financial impact associated with this request. If approved, this will authorize the Department to use the updated MOU template with Law Enforcement Agencies for the provision of SART services.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
Check the related Board of Supervisors Strategic Initiatives:
☐ Economic Development:
• Through collaboration, strengthen economic development to ensure a diversified and healthy economy.
☐ Administration:
• Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability, and transparency.
☒ Health & Human Services:
• Improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities.
☐ Infrastructure:
• Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results.
☐ Public Safety:
• Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow by reducing violent crimes as well as crimes in general.
Prepared by: Juanita Sanders, Management Analyst II, 755-5494
Approved by:
_____________________________Date:___________
Elsa Mendoza Jimenez, Director of Health, 755-4526
Attachment:
Law Enforcement Agency Agreement Template