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In the event that the disagreement or conflict pertains to the performance of the assigned BHRS Clinician and the disagreement or conflict is not resolved through the steps described above, BHRS shall remove the assigned BHRS Clinician and exercise reasonable diligence to identify and provide a qualified replacement. 8.3 Staffing and Supervision The Pilot Program will consist of four full time limited term BHRS clinicians who must be licensed to provide mental health services by appropriate State of California licensing authorities. BHRS will be responsible for hiring the licensed clinicians, and the hiring processes. The Cities will be entitled to assign one member on the hiring panel. The BHRS Clinician will have an appropriate level of licensing, training, experience collaborating with law enforcement, knowledge of BHRS resources and significant clinical experience to deal independently with the variety of scenarios and client profiles likely to present in the course of the Pilot Program and to act without immediate supervision in the performance of the BHRS Clinician role in the Pilot Program, while also collaborating with a City’s law enforcement personnel. 8.4 Records and Confidentiality Records created by the BHRS Clinician, even while operating in collaboration with one or more of the Cities, shall be considered County records, free from the control and direction of any other party to this MOU. Such records will be subject to all federal, state and local laws and regulations regarding the protection of client/patient privacy and confidentiality. All Parties agree that all BHRS Clinicians are County employees for the purposes of this MOU, and for purposes of meeting privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). BHRS will train these members of its workforce on federal, state and local policies and procedures with respect to the confidentiality and use or disclosure of protected health information of clients as necessary and appropriate for the BHRS Clinicians to carry out their functions. The County will provide BHRS Clinicians with the appropriate Health System policies and procedures, which are subject to change from time to time. The County reserves the right to take appropriate action for violation of its policies; such action may include the immediate termination of any BHRS Clinician who violates Federal, State or local law and policy. BHRS shall maintain beneficiary medical and/or clinical records for a period of ten (10) years, except that the records of persons under age