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AGREEMENT TO

ESTABLISH A MOBILE MENTAL HEALTH TEAM PILOT PROGRAM
BETWEEN THE CITY OF SAN JOSE
AND

THE COUNTY OF SANTA CLARA

THIS AGREEMENT is made and entered into this

3^

day of {Zfi'lui ^ . 1997.

by and between the CITY OF SAN JOSE, a municipal corporation oft

State of

California (hereinafter referred to as "CITY”)and the COUNTY OF SANTA CLARA,a
political subdivision of the State of California (hereinafter referred to as "COUNTY").
RECITALS

WHEREAS, it is the desire of the parties to develop an alternative method of

processing mentally ill persons who come into contact with law enforcement personnel,
in lieu of incarcerating such persons in jail; and

WHEREAS, It is in the best interest of CITY and COUNTY to refer these persons to
appropriate support services at the time of the initial law enforcement contact; and
WHEREAS, it has been determined that the contemplated alternative method of

processing will result in greater efficiency in evaluating and stabilizing these persons,

NOW,THEREFORE, CITY and COUNTY, in consideration of the mutual promises and
agreements contained herein, agree as follows:
SECTION 1.

TERM OF AGREEMENT.

This AGREEMENT shall be effective upon the date of final execution by CITY and
COUNTY and shall continue in effect through June 30. 1997. unless terminated earlier
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in accordance with the terms of this AGREEMENT. The term of this AGREEMENT may
be extended upon mutual written agreement of the parties.
SECTION 2.

CONTRIBUTIONS.

COUNTY shall pay all costs associated with the operation, administration, training and
support of the Mobile Mental Health Team ("TEAM").
SECTION 3.

PILOT PROGRAM.

COUNTY shall undertake and complete the Pilot Program as described in EXHIBIT A,
entitled “SCOPE OF SERVICES".

SECTION 4.

COMPLIANCE WITH ALL LAWS.

COUNTY and its subcontractors shall comply with all applicable laws, ordinances,
codes and regulations, whether federal, state or local.
SECTION 5.

PILOT PROGRAM RESPONSIBILITY

COUNTY shall be responsible for all aspects of the operation, administration, training
and support of the TEAM,except as specifically noted in EXHIBIT A. CITY will appoint
representatives to an Advisory Group, which will provide policy oversight and review the
effective implementation of the Pilot Program.
SECTION 6.

NOTICES.

Any notice or communication which is required to be given under this AGREEMENT,or
which either party may desire to give to the other, shall be in writing, and may be either
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personally delivered or given by mailing the same by certified mail, return receipt
requested, postage prepaid, addressed as follows:

To CITY;

Cynthia Bojorquez-Serda

Assistant to the City Manager
City of San Jose
801 N. First Street, Room 436
San Jose, CA 95110
(408) 277-5820
To COUNTY:

Dr. Soleng Tom
Interim Mental Health Director

Santa Clara Valley Health and Hospital System
Department of Mental Health
645 South Bascom Avenue
San Jose, CA 95128

Each party may designate an address different from that set forth above in accordance

with the provisions of this SECTION. Notice shall be deemed given upon receipt.
SECTION 7.

INDEMNITY.

COUNTY shall protect, defend, indemnify and hold harmless CITY, its officers, agents
and employees, from any and all loss or damage, and from any and all liability for any
and all loss or damage, and from any and all suits, actions or claims filed or brought by
any person or persons because of, or arising out of, or resulting from, the action of

COUNTY which is required or permitted by this AGREEMENT, or because of, or arising
out of, or resulting from, any negligent acts (active or passive) or omissions of
COUNTY, its agents, employees or contractors.

This SECTION shall survive expiration or sooner termination of AGREEMENT.

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SECTION 8.

ASSIGNABILITY.

COUNTY'S duties under this AGREEMENT shall not be delegated or assigned by
COUNTY, nor shall any of the work or services to be performed under this

AGREEMENT be subcontracted to third parties, except to the extent and in the manner
stated in this AGREEMENT.

SECTION 9.

RELATIONSHIP OF PARTIES.

It is understood and agreed by and between the parties hereto that COUNTY, in the
performance of this AGREEMENT, shall not act nor is it at any time authorized to act,
as the agent or representative of CITY in any matter involving or affecting local, state
federal policy. COUNTY further agrees that it will not in any manner hold itself out as
the agent or representative of CITY, or act in such a fashion as would give the
impression to a reasonable person that COUNTY is acting in such a capacity.

or

SECTION 10.

A.

MONITORING AND EVALUATION.

COUNTY shall furnish all data, statements, records, information, and reports
necessary for CITY to monitor, review and evaluate the performance of the Pilot

Program, TEAM and components. CITY shall have the right to request the
services of an outside agent to assist in any such evaluation. Such services
shall be paid for by CITY.

B.

At any time during normal business hours, and as often as may be deemed
necessary, CITY or its authorized representatives shall have access to and the

right to examine its offices and facilities engaged in performance of this

AGREEMENT, and all its records with respect to all matters covered by this
AGREEMENT.

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SECTION 11.

AMENDMENTS.

Unless otherwise authorized by this AGREEMENT, amendments to the terms and

conditions of this AGREEMENT shall be requested in writing by the party desiring such
amendment, and any such amendment shall be effective only upon the mutual written
agreement in writing of the parties hereto.

SECTION 12.

WAIVER.

COUNTY agrees that waiver by CITY of any breach or violation of any term or condition
of this AGREEMENT shall not be deemed a waiver of any other term or condition
contained herein, or a waiver of any subsequent breach or violation of the same or any

other term or condition. The acceptance by CITY of the performance of any work or
services by COUNTY shall not be deemed a waiver of any term or condition of this
AGREEMENT.

SECTION 13.

A.

TERMINATION OF AGREEMENT.

Each of COUNTY'S obligations under this AGREEMENT shall be deemed

material. If COUNTY fails to perform any of its obligations under this

AGREEMENT, in addition to all other remedies provided by law, and as may be
specified under this AGREEMENT, CITY may terminate this AGREEMENT upon

written notice. Upon termination, COUNTY shall immediately deliver to CITY any
and all copies of studies, reports, and data, whether or not completed, which

have been prepared by COUNTY or COUNTY'S subcontractors, if any, in
connection with this AGREEMENT.

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B.

CITYs City Manager shall be authorized to terminate this AGREEMENT on
CITY’S behalf.

SECTION 14.

INTEGRATED DOCUMENT.

This AGREEMENT embodies the entire AGREEMENT between CITY and COUNTY
and its terms and conditions. No verbal agreements or conversations with any officer,

agent, or employee of CITY or COUNTY prior to execution of this AGREEMENT shall

affect or modify any of the terms or obligations contained in any documents comprising
this AGREEMENT.

SECTION 15.

SEVERABILITY OF PROVISIONS

If any provision of this AGREEMENT is determined to be illegal in a court of law, the
remainder of this AGREEMENT shall not be affected thereby, if such remainder would
then continue to conform to the terms and requirements of applicable law.
SECTION 16

CORPORATE AUTHORITY/AUTHORIZED REPRESENTATIVES

COUNTY represents and warrants that it has the authority to enter into this

AGREEMENT. COUNTY further represents and warrants that its signatory to this
AGREEMENT is authorized to execute this AGREEMENT on COUNTY’S behalf.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the day
and year first herein above set forth.

CITY

APPROVED AS TO FORM:

CITY OF SAN JOSE, a municipal
corporation

By mix,j)cyjfw

CARL B, MITCHELL

'NINAS[GR§YSOt?

Senior Deputy City Attorney

Assistant to the City Manager

APPROVED AS TO FORM AND

COUNTY’

LEGALITY:

COUNTY OF SANTA CU\RA, a political
subdivision of the State of California

\AaJ^

By.
HARRISON D. TAYLOR

f^^arrie:^ boleng Tojji, M.D.

Deputy County Counsel

Title:

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Interim Mental Health Director

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT A

SCOPE OF SERVICES

Mobile Mental Health Team Pilot Program

I.

Background

Over the past five years, as services have been cut back for persons with mental disabilities in
Santa Clara County, it has been noted that many individuals end up in the criminal justice system
rather than in appropriate mental health treatment. In January of 1996, the County convened a
Mental Health Jail Diversion Steering Committee to review the nature of the problem as weU as to
develop a comprehensive policy to develop alternatives to the incarceration of the mentally ill when
^
Committee recommended that the County explore the feasibility

ol a Mobile Mental Health Team as one mechanism which could be used to ensure more

appropriate treatment of the mentally ill when they come into contact with law enforcement
personnel.

The Mobile Mental Health Team(TEAM)was envisioned to be a team of trained mental health

professionals who would assist Police Officers in the field with evaluating, stabilizing and
refenmg qualified persons with mental disabilities to appropriate support services at the time of the
miUal law enforcement contact The expectation is that this intervention would help to avoid
unnecessary incarceration as well as provide a vehicle for improved access to treatment In June,
representatives of the County and the City of San Jose met to discuss a possible pilot and it was
agreed that a working group would be established to develop a program model for Board and
approval. An appropriation in the amount of $267,531 was included in the County’s

FY96-97 Operating Budget to support this pilot program.
II.

Program Objectives

^e p^ary objective of the pilot program will be to divert qualified persons with apparent mental
disabilities from the criminal justice system by providing initial assessments, crisis intervention

and linkage to other mental health services.
III.

Term and Operational Structure

The project shall be a collaborative effort between the Santa Clara Valley Health and Hospital
Sy^m Mental Health Department and the City of San Jose as set forth in the attached Agreement
It shall be implemented on a pilot basis upon execution of the MOU and shall terminate June 30,
1997. The term of the agreement may be extended upon mutual agreement of the parties.
The TE^ will consist of qualified mental health professionals who will be employed by the
County’s Mental Health Department The supervisor of the Team willl report to the County’s
Mental Health Director. Throughout the term of the pilot program, an Advisory Group consisting
of representatives from Supervisor Jim Beall’s Office, the County Mental Health Department, the
San Jose City Manager’s Office, and the San Jose Police Department will provide policy oversight

and review the effective implementation of the pilot program.

The Advisory Group wiU also be responsible for preparing and submitting a final evaluation report
to the Board of Supervisors and the San Jose City Council at the completion of the pilot

IV.

Target Group

The intended target for these services are those qualified adult persons with apparent mental

M^le
V.

f”"Target Area

The initial t^get area for this pilot wUl be San Jose Police District King. At the discretion of the

P^ce DiSte
VI.

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Commander,the Team wUl be dispatched to other San Jose

Dispatch Procedures and Referrals

At the requ^t of an officer at the scene, the San Jose PoUce Department Communications Unit wiU

be responsible for contactmg the TEAM and requesting service. Upon arrival the TEAM will
ev^uate individuals in the field who appear mentally iU and are at risk ofincarceration and attempt
to tmd altemadve treatment or placement San Jose Police and the TEAM will work cooperatively
unm the situation is resolved with the understanding that the Sm Jose Police Officer has the

ultimate auAonty on scene and in determining the case disposition. San Jose Police personnel will
be responsible for aU placement transport that may be required. If it is determined that an

i^mdual wiU be placed on a 5150 hold, the required hold documentation wiU be completed by the
TEAM prior to ^ansport by SJPD to EPS. In addition, the TEAM shall be responsible for making

contact with EPS,answenng any questions and proyiding any additional information that may be

reqmred pnor to the arriyal of the transported indiyidual to EPS.
VII.

Communications Equipment

The County of Santa Clara shall provide the TEAM with cellular phones and pagers.
VIII. Staff Qualifications and Hours of Operation

^e TE;W shall consist of three full-time and three half-time experienced mental health workers.
To be ehgible to serve on the TEAM,applicants must:

•

Possess a MFCC or LCSW license;(or appropriate license waiyer);

Possess experience in crisis interyention and mental health services with adult
populations;

•

A valid California driver’s license, good driving record and be eligible for a

County driving permit.

In ad^tion, apphcants wiU be required to participate in an extensive hiring and selection process
wluch will me ude a mde-Along Asse^ment by the San Jose Police Department. The San Jose

rohee Department will be active participants in the hiring and selection process of all prospective

employees.

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The TEAM will be in service from 10:30 a.m. to 12:30 a.m. daily, including weekends and
holidays, ^ave time wiU be covered by other staff working extra hours,overtime, or extra-help
llie ba^ of operations for the TEAM will be the County’s Mental Health ACCESS unit facility

located at 2221 Emborg Lane, San Jose, 95128.
IX.

Support

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The Mental Health ACCESS Unit staff will provide necessary clerical support, information and
referral and foUow up services as needed to the TEAM and the San Jose Police Department
X.

Data Analysis and Reports

Data requested by either the County or the City of San Jose wiU be coUected by the TEAM

supervisor with an Activity and Evaluation report to be completed and submitted to the Advisory
Group bi-monthly.

XI.

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Incidents and Confidentiality

All program staff will comply with the California Welfare and Institutions Code, Section 5328
regarding patient confidentiality.

Any incidents, procedural concerns, or staff-related complaints are to be reported prompdy to the
appropriate supervisor. Mental Health staff with concerns related to San Jose Police Department
personnel will notify their supervisor or the County Mental Health Director. The supervisor will

evaluate the situation and discuss it with the San Jose Police Department Liaison. Police officers
with concerns about TEAM members wiU notify the TEAM supervisor or Watch Commander who
will discuss it with the County Mental Health Director as soon as possible.
XII. Training

Staff training and development will be an important part of the program's implementation and
success. Program staff shall receive 80 hours of training prior to going on duty; back-up staff
shall receive at least 20 hours of training. The following areas of training have been identified;
For Mental Health Mobile Crisis Staff:
iQpig
1.
2.
3.
4.
5.

6.
7.
8.
9.
10.
11.

Police Procedures

Orientation to DOC operations
Court Procedures; OR,Probation, Parole,& Public Defender’s Office

EPS/BAP; Observe EPS,rounds, hearings, etc.
Program Objectives and Procedures
Evaluation skills, LPS regulations

Community resourcs;(Jsi, Cecil White, Crisis Residential, Service Teams,etc...)
Traumatic Brain Injury/OBS
Pharmacology/Clozaril Risperdal
ADA Requirements
Management of Assaultive Behavior

For Police Personnel

An orientation and training program will be developed for San Jose Police Department personnel to
familiarize them wi^ the objectives of the program and increase their knowledge related to the
ass^meiit,evaluation and referral of persons with mental disabilities to appropriate services.
This training shall include a review of confldendality requirements as well as LPS information
training.
XIII. Performance Evaluation Outcome Measures

At the time of each incident, PoUce personnel and TEAM members will be asked to evaluate the

effectiveness of the intervention in terms of the program’s ability to divert the mentally iU from

possible incarceration. There will also be a retroactive longitudinal analysis of the target groun to

track whether the Ir^uency of arrests, hospitalizations, etc., is decreased as a result of the
mtervention. On-going performance evaluation and outcome measures will be developed in

a^ordance widi the Mental Health Department’s and the County’s Comprehensive Perfbmance
Management efforts. This information will be made available to the Advisory Group upon request

To
evaluate the^rformance outcomes of the pilot program, the following four success indicators
have been identified:
1.
2.
3.

The number of avoided incarcerations;

4

The rate of recidivism.

pe ability of the Team to estabUsh linkages for clients to Mental Health Services;
pusfaction of the San Jose Police Department in relationship to the effectiveness*of

the team to provide additional mental health services and support;

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:'
RESOLUTION NO.

/ •

67095

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE DELEGATING TO THE CITY MANAGER THE
AUTHORITY TO NEGOTIATE AND ; EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE
COUNTY OF SANTA CLARA FOR PARTICIPATION IN
THE MOBILE MENTAL HEALTH PILOT PROGRAM

WHEREAS,the City of San Jose ("City") desires to participate in a pilot program, the

purpose of which is to divert qualified persons with apparent mental disabilities from the
criminal justice system by providing initial assessments, crisis intervention and linkage
to other mental health services; and

WHEREAS, the Mobile Mental Health Team Pilot Program ("Program") is to be a
collaborative effort between the County of Santa Clara and the City of San Jose, which
will terminate on June 30, 1997 unless extended by mutual agreement; and

WHEREAS,the Program will allow City's Police Department to dispatch the Mobile
Mental Health Team to individuals in the field who appear mentally ill, and will allow the

City's Police and the Mobile Mental Health Team to work cooperatively until the field
situation is resolved; and

WHEREAS,the City's Police Will have the ultimate authority on the scene and in
determining the case disposition; and

WHEREAS,the City desires to negotiate and execute a Memorandum of
Understanding with the County of Santa Clara to participate in the Program;

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