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HomeMy WebLinkAboutContracts & Agreements_166-2018MEMORANDUM OF AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION — DIVISION OF PAROLE OPERATIONS AND REDLANDS POLICE DEPARTMENT California Department of Corrections and Rehabilitation — Division of Parole Operations (CDCR-PAROLE) and City of Redlands Police Department (RPD), through their respective agency heads, hereby agree to the following terms and conditions The California Department of Corrections and Rehabilitation — Division of Parole Operations agrees to assign one Parole Agent to the Redlands Police Department Multiple Enforcement Team (MET) for the purpose of conducting high level gang investigations, identifying and documenting existing and emerging gang members and criminal street gangs, gather criminal street gang intelligence, suppress and eliminate criminal street gang activity, and arrest and assist in the conviction of criminal street gang members The CDCR-PAROLE Agent assigned to RPD will be required to maintain a full caseload of documented, known, and registered gang members per CDCR-PAROLE policy, and will consult with RPD regarding persons of interest for that caseload The assigned CDCR-PAROLE Agent will also be required to conduct duties as needed by the CDCR-PAROLE Agency, including mandatory training and Officer of the Day duties in the San Bernardino Parole Complex This caseload may include persons convicted of gang crimes and/or those involved in criminal gang activity Effective Date and Term. This agreement will be effective as of 09/04/2018, and shall remain in effect until 06/30/2021 During this term the CDCR-PAROLE will provide one peace officer personnel 2 Scope of Service The CDCR-PAROLE peace officer shall provide point law enforcement/gang investigations primarily within San Bernardino County Occasionally, RPD investigations may take place in other areas of the State of California 3 Payment The CDCR-PAROLE shall pay its peace officers their regular salary plus any overtime hours worked pursuant to this agreement Overtime is discouraged except when necessitated by abnormal or unanticipated work load situations 4 Employer of Officers The RPD and CDCR-PAROLE agree, at all times and for all purposes relevant to this Agreement, CDCR-PAROLE shall remain the sole and exclusive employer of its peace officer(s) personnel and in the following regard a The CDCR-PAROLE shall remain solely and exclusively responsible for the direct payment to the peace officer personnel of any and all applicable wages, compensation, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation cost, and/or other allowances or reimbursements of any kind, including but not limited to Page j 1 I Icaldjm\Agreements\Parole MOU doc workers' disability compensation, unemployment compensation, Social Security Act protection and benefits, all CalPERS benefits, and employment taxes, and/or other statutory or contractual right or benefit based, in any way, upon any peace officer personnel's status as an employee of the CDCR- PAROLE 5 Insurance The RPD and CDCR-PAROLE are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker's Compensation and warrant that through then respective programs of self- insurance, elfinsurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement 6 Termination The RPD and CDCR-PAROLE shall have the right to terminate this Agreement at any time, in the sole discretion of the Chief of Police or from the chief of the CDCR-PAROLE or designees, with of without cause, by giving written notice to the RPD or CDCR-PAROLE In the event of termination, CDCR-PAROLE shall immediately cease rendering services pursuant to this Agreement 7 Indemnification The CDCR-PAROLE agrees to defend, indemnify and hold harmless the City of Redlands/RPD, its officers, employees, agents, and volunteers fol any and all claims, losses, actions, damages and/or liability arising out of this Agreement resulting from the negligent acts, errors or omissions of the CDCR- PAROLE, its officers, employees or agents and for any costs or expenses incurred by the City of Redlands/RPD, except where such indemnification is prohibited by law The City of Redlands/RPD agrees to defend, indemnify and hold harmless the CDCR-PAROLE, its officers, employees, agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out of this Agreement resulting from the negligent acts, errors or omissions of the City of Redlands/RPD, its officers, employees of agents and for any costs or expenses incurred by CDCR- PAROLE, except as prohibited by law In the event the City of Redlands/RPD and/or CDCR-PAROLE are determined to be comparatively at fault foi any claim, action, loss or damage which results from then respective obligations under this agreement, the City of Redlands/RPD and/oi CDCR- PAROLE shall indemnify the other to the extent of its comparative fault 8 General Orders and CDCR-PAROLE Policy and Procedures Manual The CDCR-PAROLE agrees the assigned peace officer shall act in accordance with CDCR-PAROLE policy, General Orders, rules, procedures and other directives of the CDCR-PAROLE, which by this reference are hereby incorporated herein CDCR- PAROLE assigned peace officers also agree to adhere to the following procedures a CDCR-PAROLE involved shogj s All weapons discharges by the CDCR- PAROLE peace officer assigned pursuant to this Agreement shall be Page 12 I 1ca\djm\Agreements\Paro1e MOU doc immediately reported to a CDCR-PAROLE supervisor or managet for documentation regardless of any documentation by RPD b Disciplinary Process In cases of misconduct by the CDCR-PAROLE peace officer requiring documentation of potential adverse action for their conduct pursuant to this Agreement, the RPD supervisor shall advise the CDCR- PAROLE The CDCR-PAROLE will be responsible for performing the investigation and subsequent disciplinary action, including any appeals or court action by the peace officer employee The RPD supervisor may take appropriate action of a coaching nature not requiring documentation or discipline c Citizen Complaints Any complaints of the CDCR-PAROLE peace officers' conduct pursuant to the scope of services in this Agreement resulting in documentation or further investigation shall be reported to the CDCR- PAROLE which will proceed with the processing of the complaint Citizen complaints reported to RPD will be referred to the CDCR-PAROLE for handling in its entirety d Uses of Force. All uses of force shall be reported and investigated by the RPD supervisor Additionally, the CDCR-PAROLE peace officer shall adhere to their parent agency's policy regarding uses of force 9 Vehicles In furtherance of this Agreement, the CDCR-PAROLE will provide their peace officer a CDCR-PAROLE owned vehicle to be driven for official RPD business and only in accordance with applicable CDCR-PAROLE policies and procedures The CDCR-PAROLE and RPD also agree to the following terms a Maintenance and fuel costs of the CDCR-PAROLE owned vehicle will be paid by the CDCR-PAROLE b The RPD will not be responsible for any act or omission on the part of the CDCR-PAROLE and/or its employee or for any liability resulting from the use of the CDCR-PAROLE owned vehicle utilized by a CDCR-PAROLE relative to RPD activities c To the extent permitted by applicable law, the CDCR-PAROLE agrees to indemnify and hold harmless the RPD for any claims for property damage of personal injury arising from any use of a CDCR-PAROLE owned vehicle by a CDCR-PAROLE MET Team member which is outside the scope of his or her official duties and assignment pursuant to this Agreement RPD and CDCR- PAROLE agree this provision is intended to be consistent with paragraph 7 of this Agreement and in no way, alters the terms of that paragraph Page 13 I \ca\dim\A-reements\Parole MOU doc 10 Forfeitures Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ Forfeitures attributable to the RPD MET investigations will be equitably shared with the CDCR-PAROLE II Conflict of Agency's Policy In cases where differences in policy between the agencies, the CDCR-PAROLE personnel will be held to the standards set forth in CDCR-PAROLE policy 12 Authority The person signing this Agreement for the CDCR-PAROLE hereby represents and warrants that he or she is fully authorized to sign this Agreement on behalf of the CDCR-PAROLE 13 Notices All notices pursuant to this Agreement shall be in writing and served on the other party by personal delivery or by mail to the respective addresses as set forth below To RPD Christopher R Catren, Chief of Police Redlands Police Department 30 Cajon Street, Redlands, CA 92373 To CDCR-PAROLE Eric Summers, Parole Administrator California Department of Corrections and Rehabilitation — Division of Adult Parole 303 W 5th Street San Bernardino, CA 92401 WE EACH FREELY AND VOLUNTARILY AGREE TO ALL OF THE ABOVE TERMS Date Date Eric Summers, Parole Administrator Christopher R Catren, Chief of Police California Department of Corrections and Redlands Police Department Rehabilitation — Division of Adult Parole Page 14 I 1ca\djm\Agreements\Paro1e MOU doe