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HomeMy WebLinkAboutContracts & Agreements_17-2019MEMORANDUM OF AGREEMENT ("AGREEMENT") BETWEEN SAN BERNARDINO COUNTY, THROUGH ITS SHERIFF'S DEPARTMENT AND THE CITY OF REDLANDS POLICE DEPARTMENT REGARDING ASSIGNMENT OF ONE POLICE OFFICER TO THE SAN BERNARDINO HUMAN TRAFFICKING TASK FORCE The County of San Bernardino ("County"), through its San Bernardino County Sheriff's Department ("SBSD") and the City of Redlands Police Department ( "City"), through their respective agency heads, hereby agree to the following terms and conditions The City of Redlands Police Department agrees to assign one officer to the San Bernardino County Human Trafficking Task Force ("SBCHTTF") for the purpose of conducting Human Trafficking and commercial sexual exploitation investigations, facilitating the identification, rescue, and rehabilitation of victims associated with such activity, arresting and assisting in the conviction of criminals conducting such activities 1 Effective Date and Term: This Agreement will be effective as of February 5, 2019, and shall remain in effect until December 31, 2021 During this term, City will provide one peace officer personnel 2 Scope of Service: The City peace officer shall provide joint law enforcement/Human Trafficking investigations primarily within San Bernardino County Occasionally the SBCHTTF investigations may take place in other areas of the State of California 3 Payment City shall pay its peace officer his or her regular salary plus any overtime hours worked under this Agreement Overtime is discouraged except when necessitated by abnormal or unanticipated workload situations SBSD will use its best efforts to provide notice to City when overtime has occurred or will be needed 4 Employer of Officers- SBSD and City agree that, at all times and for all purposes relevant to this Agreement, City shall remain the sole and exclusive employer of its peace officer personnel and in the following regard a City 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 workers' disability compensation, unemployment compensation, Social Security Act protection and benefits, all retriement 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 City L\raldjm\Agreements\SBSD-1RedlandsPD HTTF MOA docx 5 Insurance: SBSD and City are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement b Termination: SBSD and City shall have the right to terminate this Agreement at any time, at the sole discretion of the Sheriff or City's Chief of Police, with or without cause, by giving written notice to SBSD or City In the event of termination, City shall immediately cease rendering services under this Agreement 7 Indemnification City agrees to defend, indemnify, and hold harmless the COUNTY/SBSD, 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 City, its elected officials, officers, employees or agents and for any costs or expenses incurred by COUNTY/SBSD, except where such indemnification is prohibited by law The COUNTY/SBSD agrees to defend, indemnify and hold harmless the City, its elected officials, 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 County/SBSD, its officers, employees or agents and for any costs or expenses incurred by City, except where such indemnification is prohibited by law In the event that the COUNTY/SBSD and City are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, the COUNTY/SBSD and/or City shall indemnify the other to the extent of its comparative fault 8 General Orders and City Policy and Procedures Manual City agrees that the assigned peace officer shall act by City policy, General Orders, rules, procedures and other directives of the City, which by this reference are hereby incorporated herein The City assigned peace officer also agrees to adhere to the following procedures a City involved „shootings All weapons discharged by the City peace officer assigned under this Agreement shall be immediately reported to a Redlands Police Department supervisor or manager for City documentation regardless of any documentation by SBSD b Disciplinarycess In cases of misconduct by the City peace officer requiring documentation or potential adverse action for his or her conduct under this Agreement, the SBSD supervisor shall advise City City will be responsible fol performing the investigation and subsequent disciplinary action, including any appeals or court action by the peace officer employee The SBSD supervisor may LIcaldjm\Agreements\SBSD-RedlandsPD HTTF MOA doex take appropriate action of a coaching nature not requiring documentation or discipline Citizen Complaints Any complaints of City peace officer's conduct under the scope of services in this Agreement resulting in documentation or further investigation shall be reported to the City which will proceed with the processing of the complaint Citizen complaints reported to SBSD will be referred to City for coordination of investigation 9 Vehicles: In furtherance of this agreement, City will provide its peace officer a City owned vehicle to be driven for official SBCHTTF business and only by applicable City policies and procedures City and SBSD also agree to the following terms a The City will pay maintenance and fuel costs of the City owned vehicle b SBSD will not be responsible for any act or omission on the part of City and its employees or any Iiability resulting from the use of the City owned vehicle utilized by a City SBCHTTF member To the extent permitted by applicable law, City agrees to indemnify and hold harmless SBSD for any claims for property damage or personal injury arising from any use of a City owned vehicle by a City HSBCHTTF member which is outside the scope of his or her official duties and assignment under this Agreement SBSD and City agree that this provision is intended to be consistent with paragraph 7 of this Agreement and in no way alter the terms of that paragraph 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 SBCHTTF investigations will be equitably shared with City 11 Conflict of the Agency's Policy In cases where differences in policy between the agencies exist, City personnel will be held to the standards outlined in City policy 12 Authority The person signing this Agreement for City represents and warrants that he is fully authorized to sign this Agreement on behalf of City L 1ea1djm\A,,,reements\SBSD RedlandsPD HTTP MOA doex 13 Notices All notices under 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 SBSD John McMahon, Sheriff -Coroner San Bernardino County Sheriff's Department 655 E 3rd Street San Bernardino, CA 92415 To City Christopher Catren, Chief of Police Redlands Police Department 30 Capon St Redlands, CA 92373 WE EACH FREELY AND VOLUNTARILY AGREE TO ALL OF THE ABOVE TERMS Date Z Christopher Catren, Chief of Police Redlands Police Department L. IcaldjmlAgreements\SBSD-RediandsPD HTTF MOA docx Date /1 I 1 ° IP W 1 John McMahon, Sheriff -Coroner San Bernardino County Sheriff