HomeMy WebLinkAboutContracts & Agreements_35-2004_CCv0001.pdf REPORT/RECOMMENDATION TO THE'BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
February 24, 2004
FROM: MICHAEL A. RAMOS
District Attorney
SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE COUNTY
OF SAN BERNARDINO (OFFICE OF THE DISTRICT ATTORNEY) AND THE CITY OF
REDLANDS (REDLANDS POLICE DEPARTMENT) FOR THE ELECTRONIC
TRANSFER OF INFORMATION
RECOMMENDATION:
1. Approve Memorandum of Understanding (Agreement No. 04-153) between the County of San
Bernardino (Office of the District Attorney) and the City of Redlands (Redlands Police Department) for
the electronic transfer of information.
2. Authorize the Chairman and the District Attorney to sign the MOU on behalf of the Board of
Supervisors.
BACKGROUND INFORMATION: As technology improves, the Office of the District Attorney continues to
develop new ways to conduct business electronically. Exchange of important information between the
Office of the District Attorney and law enforcement agencies can be accomplished more rapidly and
efficiently through electronic transfer as opposed to conventional methods of mail or courier.
The attached MOU regarding the electronic transfer of information is entered into by the County of San
Bernardino (Office of the District Attorney) and the City of Redlands (Redlands Police Department) and
outlines the procedures each party will adhere to for the purpose of electronic exchange of subpoenas,
criminal case filings, case rejections, informational memos and other important information.
REVIEW AND APPROVAL BY OTHERS: This item has been reviewed by County Counsel (Scott M.
Runyan, Deputy County Counsel 387-9022) on February 2, 2004, the County Administrative Office (Vicki
Kratzke, Administrative Analyst 387-5423) on February 10, 2004 and ISD (Leyden Hahn, CIO 388-5501) on
February 3, 2004.
FINANCIAL IMPACT: There is no local cost impact associated with this item as a network connection
between the two agencies is already in place.
COST REDUCTION REVIEW: The County Administrative Office has reviewed this agenda item, concurs
with the department's proposal, and recommends this action as it will improve efficiencies for the county
and police department.
SUPERVISORIAL DISTRICT(S): Third
PRESENTER: James B. Hackleman, Assistant District Attorney(909) 387-6601
cc: District Attorney-Ramos Record of Action of the Board of Supervisors
District Attorney-Allen wlagrees• Agreement NO. 04-153
for signatures APPROVED(CONSENT CALENDAR)
Contractor c/o District Attorney BOARD OF SUPERVISORS
Auditor-Valdez w/copy of COUNTY OF SAN BERNARDINO
agreement MOTION MOVE AYE AYE AYE SECOND
IDS w/copy of agreement 1 2 3 4 5
Risk Management
County Counsel-Runyan J. RENEE B STIAN, CLERK OF TH OARD
CAO-Kratzke BY
ISD-Hahn
District Attorney-Hackleman DATED: a ruary 24, 2004
sg File ,V/copy of agreement
ITEM 061
FOR COUNTY USE ONLY
°"T"
New Vendor Code SICDeot. Cont r ct Number
M B o Change1A 0
Cancel "
County Department Dept. Orgn. Contractor's license No.
District Attorney
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Jane K. Allen 387-6613
FAS Contract Type
❑ Revenue ❑ Encumbered ❑ Unencumbered ❑ Other:
CONTRACT TRANSMITTAL If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. ObyRev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. obj/Rev Source GRC/PROD/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
MOU—Redlands PD FY Amount I/D FY Amount I/D
CONTRACTOR City of Redlands (Redlands Police Department)
Federal ID No. or Social Security No.
Contractor's Representative James Bueermann, Chief of Police, Redlands Police Department
Address 212 Brookside Ave, Redlands CA 92373 Phone (909) 335-4744
Nature of Contract: (Briefly describe the general terms of the contract)
The memorandum of understanding between the County of San Bernardino (Office ofstrict Attorney) and the City of
Redlands (Redlands Police Department) outlines the procedures each party will adhiz Vifor the purpose of electronic
exchange of subpoenas, criminal case filings, case rejections, informational IT VIONther important information.
(Attach this transmittal to all contracts not prep 2 "Standard Co nrm.
Appr ov as to Legal Fo n in blue ink) w to Contract Complian r t BOS or Signature
j�,'J
County Counsel-Deputy Scot M. RuRY �^ Department Head-District Attorney Michael A.
ll Ramos
N L
Date
Dae
Date
Auditor/Controller-(�Recorder Use Ont
1 ". I-AS ..;;
x
� 7
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF SAN BERNARDINO
THROUGH THE OFFICE OF THE DISTRICT ATTORNEY AND
THE CITY OF REDLANDS
THROUGH THE REDLANDS POLICE DEPARTMENT
FOR THE ELECTRONIC TRANSFER OF INFORMATION
Introduction
In an effort to increase the efficiency and the rapidity with which important information
is exchanged between the County of San Bernardino {Office of the District Attorney) and
the City of Redlands (Redlands Police Department), both agencies are embarking on a
program that will henceforth provide for the mutual exchange of such information
electronically. Details of this program are explained below and the parties to this
Memorandum of Understanding agree to abide by its provisions.
Parties
The parties to this Memorandum of Understanding are the County of San Bernardino
(Office of the District Attorney) and the City of Redlands (Redlands Police Department).
The details of this particular plan, however, apply specifically to the Redlands Branch of
the Office of the District Attorney.
Areas Covered
The electronic exchange of information at this stage will encompass the following:
Subpoenas
Criminal Case Filings
Information Memos and Follow-up Requests
Case Rejections
District Attorney Intranet Public Information Screen
MOU - District Attorney and Redlands Police Department Page 2
Procedures
Subpoenas:
The Redlands Police Department will have one Exchange mailbox designated to receive
electronic subpoenas from the Office of the District Attorney. The subpoenas will be
sent to the designated Redlands Police Department subpoena coordinator as attachments
to e-mail pursuant to current DA procedures. Electronic subpoenas will generally be sent
out by the Office of the District Attorney at anytime between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. These subpoenas will be generated and transmitted by several
DA clerks and the name of the specific sender will appear in the address space under
.'From".
The subpoenas will be transmitted to the designated Redlands Police Department
subpoena coordinator. though backup personnel having access to this mailbox will be
available to cover vacations, illnesses, normal days off, etc. All electronic subpoenas will
be sent to the Police Department subpoena coordinator for distribution to witnesses. The
e-mail address for this purpose will be "subpoenas4Rediandspolice.org. Subpoenas
received after 5:00 p.m. will not be retrieved by the Redlands Police Department
subpoena coordinator until the following business day.
Redlands Police Department will implement a policy that provides for the prompt
accessing, retrieval and service of electronic subpoenas. This will include performance
of those duties on the Redlands Police Department subpoena coordinator's regularly
scheduled days off if those include days other than Saturday and Sunday.
The Office of the District Attorney will assume that service upon the witness has been
made unless notified to the contrary, as explained below.
If the electronic subpoena cannot be served, the Redlands Police Department subpoena
coordinator will:
1. Use the "forward" button to send a response back to the Office of the
District Attorney. The response will be sent to either a felony mailbox
or a misdemeanor mailbox to be maintained by the Office of the
District Attorney, as set forth in the text of the electronic subpoena, and
which can be accessed by DA clerical personnel. Subpoenas for cases
bearing a court case number beginning with the prefix "FSB" are for
felony cases and will be returned to the felony mailbox. Subpoenas for
cases bearing a court case number beginning with a prefix of"MSB" or
"TSB" are for misdemeanor cases and will be returned to the
misdemeanor mailbox.
Type a message indicating why the subpoena was not served. This
message will include pertinent information relating to the witness'
status such as vacation dates, return dates. etc.
MOU - District Attorney and Redlands Police Department Page 3
3. Send the message back to the appropriate felony or misdemeanor
mailbox.
4. Will NOT use the "reply" button for this purpose since this will not
return the subpoena back to the Office of the District Attorney and
consequently the DA's Office will be unable to determine which
witness was not served nor which case was involved.
If there are any problems with the receipt or transmission of the electronic subpoenas, the
Redlands Police Department subpoena coordinator will please promptly notify the San
Bernardino County DA Helpdesk at (909) 387-9119. Redlands Police Department will
respond immediately to solve technical problems, working with the Office of the District
Attorney and the San Bernardino County Information Services Department.
Criminal Case Filings:
The Office of the District Attorney will electronically send confirmation of case filing
information to the appropriate designee of the Redlands Police Department. The e-mail
address for this purpose will be "DAdispos( ),Redlandspolice.org".
The information provided by the Office of the District Attorney will include:
The DA STAR case number and Redlands Police Department case number,
The name of the reviewing Deputy DA,
The date the case filing documents were generated,
The type of case, either felony or misdemeanor, and
The charges and the allegations that were filed.
Information Memos and Follow up Requests:
The Office of the District Attorney will electronically transmit for distribution
information memos and follow up requests to the appropriate designee of the Redlands
Police Department. The e-mail address for this purpose will be
"DAdisposCa.)Redlandspolice.org".
Redlands Police Department will promptly retrieve the memos and requests and
distribute them to the appropriate persons within the City of Redlands.
Case Rejections:
The Office of the District Attorney will electronically transmit case rejections to the
appropriate designee of the Redlands Police Department. The e-mail address for this
purpose will be "DAdisposCa,,Redlandspoliceorg".
MOU - District Attorney and Redlands Police Department Page 4
Redlands Police Department will promptly retrieve the case rejection documents and
distribute them to the proper persons,
District Attornev Intranet Public Information Screen:
The Redlands Police Department now has access to a District Attorney's Intranet Public
Information screen. This screen closely resembles the District Attorney's Public
Information screen and provides real time access to information such as assigned Deputy
DA's, court dates, case dispositions, continuances, and sentencing information.
The Redlands Police Department will rely on the accuracy of the information contained
on this screen, including court date information for the attendance of subpoenaed
witnesses. In the event of a conflict between a subpoena(whether physical or electronic)
and the District Attorney's Intranet Public Information Screen, Redlands Police
Department shall rely on the Intranet.
The Office of the District Attorney will endeavor to keep this information current and
accurate.
Costs
There may be some costs associated with Network and Exchange Server connectivity
required to implement this program for the Redlands Police Department. Any such costs
will be the responsibility of the City of Redlands (Redlands Police Department).
Redlands Police Department will be notified in advance, prior to any cost incurred, if
they are to be billed for any cost.
Mutual Hold Harmless
County of San Bernardino agrees to indemnify and hold harmless the City of Redlands,
its officers, agents, volunteers from any and all claims, actions or losses, damages, and/or
liability resulting from the County's negligent acts or omissions which arise from the
County's performance of its obligations under this agreement.
City of Redlands agrees to indemnify, defend (with counsel approved by the County of
San Bernardino) and hold harmless the County of San Bernardino and its officers,
employees, agents and volunteers from any and all claims, actions, losses, damages
and/or liability arising out of its obligations under this agreement.
In the event the County of San Bernardino and/or the City of Redlands i's found to be
comparatively at fault for any claim, action, loss or damage which results from their
respective obligations under the agreement, the County of San Bernardino and/or the City
of Redlands shall indemnify the other to the extent of its comparative fault.
Furthermore, if the County of San Bernardino or the City of Redlands attempts to seek
recovery from the other for Workers' Compensation benefits paid to an employee, the
MOU - District Attorney and Redlands Police Department Page 5
County of San Bernardino or the City of Redlands agree that any alleged negligence of
the employee shall not be construed against the employer of that employee.
Term
This Memorandum of Understanding shall be effective on the date it is executed by all
parties, and remain in effect until either the County of San Bernardino or the City of
Redlands terminates this Agreement, with or without cause, upon written notice given to
the other party at least thirty (30) days before the date specified for such termination.
After termination, neither party shall have any further obligation to the other as a result of
this Agreement.
- Dated: FEB 2 4 2-0014
Michael A. Ramos
District Attorney
County of San Bernardino
Dated: February 17 , 2004
S�ujaor�i,orPeppler
Ma
City of Redlands Attest:
Lor e Poyzer',/., -j y GI-rk
A
Dated:
Dennis Hansberger
Chairman, Board of Supervisors
County of San Bernardino
,;!GNE,D AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
J.RENES BASBoard N
C
Clerk of the ad Of 8 rvlsors
of thIlCounty of San r ardino
By
Deputy
1985, and authorized the Mayor and City Clerk to execute the release of lien on
behalf of the City.
MOU - Electronic Transfer of Information - On motion of Councilmember
Gil, seconded by Councilmember Harrison, the City Council unanimously
approved a memorandum of understanding with the County of San
Bernardino for the electronic transfer of information with the Office of the
District Attorney and authorized the Mayor and City Clerk to execute the
memorandum of understanding on behalf of the City.
Independent Contractor—Agreement - Cartoonist Workshop - On motion of
Councilmember Gil, seconded by Councilmember Harrison, the City Council
unanimously approved an independent contractor agreement with Steve Schulz
for a cartoonist workshop and authorized the Mayor and City Clerk to execute
the agreement on behalf of the City.
1.)
Independent Contractor_-Agreement - Archaeology Class - On motion of
Councilmember Gil, seconded by Councilmember Harrison, the City Council
unanimously approved an independent contractor agreement with Craig, Lesh for
an archaeology summer institute class and authorized the Mayor and City Clerk
to execute the agreement on behalf of the City.
Independent Contractor Agreement - Polynesian Dance Classes - On motion of
Councilmember Gil, seconded by Councilmember Harrison, the City Council
unanimously approved an independent contractor agreement with Celia B. Ico
for Polynesian dances classes and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.
Facility Use Agreement - DAAS - Following discussion, on motion of
Councilmember Gil, seconded by Councilmember Peppler, the City Council
unanimously approved a facility use agreement with the San Bernardino County
Department of Aging and Adult Services (DAAS) for use of a small classroom
at the Redlands Community Senior Center and authorized the Mayor and City
Clerk to execute the agreement on behalf of the City.
Funds - Homeland Security Overtime Program - Councilmember Peppler moved
that the City Council unanimously authorize acceptance of$99,460.00 from the
U. S. Department of Justice, Office of Community Oriented Policing Services,
for the Homeland Security Overtime Program and authorized an additional
appropriation in the amount of$132,613.00 to the Police Department to pay for
police officer overtime and utilize salary savings currently available in the
General Fund (as there are no longer salary savings accumulated in individual
departmental budgets) for the City's cash match. Motion seconded by
Councilmember George and carried unanimously.
February 17, 2004
Page 4