HomeMy WebLinkAboutContracts & Agreements_15-2013_CCv0001.pdf MEMORANDUM OF AGREEMENT
Between
THE CLAIM OF REDLANDS
And
COUNTY OF SAN BERNARDINO,PROBATION DEPARTMENT
1. PARTIES
This Memorandum of Agreement ("MOA") is entered into this 5`h day of February 2013 ("Effective
Date') between the County of San Bernardino Probation Department ("Probation") and the City of
Redlands ("Redlands"). This MOA is intended to reflect an understanding of the expectations and
obligations of each party with respect to the subjects detailed herein.
H. BACKGROUND AND PURPOSE
Probation and Redlands maintain criminal offender record information as defined by Penal Code
sections 11075 and 13102, including local summary criminal history information as defined by Penal
Code section 13300 (collectively, "CORI"). Probation and Redlands desire to share CORI (Criminal
Offender Record Information) and are authorized to do so by Penal Code section 13300 and other
relevant statutes.The purpose of this MOA is to facilitate the sharing of CORI between Probation and
the Redlands Police Department.
III. PROBATION RESPONSIBILITIES
Probation shall:
With respect to Probation CORI being shared with Redlands—
Provide CORI to the Redlands Police Department for all adult individuals with one or more active
grants of probation/PRCS. The CORI may include but is not limited to the following information:
• Social Security#
• CH#
• Probationer's name
• Probationees gang or street moniker,last modified
0 Probationer's date of birth
• Probationer's current age
• Probationer's ethnicity
• Probationer's gender
Probationer's hair color
• Probationer's eye color
• Probationer's height
• Probationer's weight
• Probationees tattoos and other physical identifying marks(last modified)
• Whether probationers is identified as required to register pursuant to PC290 on the PCMB
address screen
• Probationer's current address(concatenated string)
• Probationer's current city of residence
• Court number of active grant
• Start Date of Active Grant
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• Expected End Date of Active Grant
• Current grant status
• Caseload type of current assignment("Sex Offender,""Gang Suppression Unit,""Youthful
Offender Program,"etc.)
• Risk Score as determined by COMPAS assessment tool.
Data Exchange
Data may be exchanged in hard copy report, emailed or electronically accessed. Ensure that only
CORI-trained and authorized personnel have access to CORI and that CORI is maintained and
disseminated in accordance with Penal Code Part 4, Title 3, Chapter 2 and other relevant statutes and
regulations.
N. REDLANDS POLICE DEPARTMENT RESPONSIBILITIES
Redlands shall:
With respect to the Redlands PQ CORI shared with Probation—
Provide CORI to Probation within a reasonable time,upon Probation's request.
With respect to Probation CORI shared with the Redlands Police Department—
Ensure that only CORI-trained and authorized personnel have access to CORI and that CORI is
maintained and disseminated in accordance with Penal Code Part 4,Title 3,Chapter 2 and other relevant
statutes and regulations.
Access to Criminal Wender Record Unormation
1. Pursuant to California Penal Code §§ 11076 and 13201 criminal offender record information, as
defined by Penal Code§§ 11075 and 13102,"shall be disseminated,whether directly or through any
intermediary, only to such agencies as are, or may subsequently be, authorized access to such
records by statute." Therefore, Probation requires that all persons, including volunteers and private
vendor personnel,with access or potential access to Criminal Offender Record Information(CORI),
including but not limited to California Law Enforcement Telecommunications System (CLETS),
shall receive CORI/CLETS training from a certified CLETS/National Crime Information Center
(NCIQ trainer. Redlands shall ensure all staff completes this training within six months of
assignment with access to PCMS. CORI/CLETS training shall include laws, policies, and
consequences regarding access to and use of criminal offender record information. Redlands shall
maintain official documentation of compliance with CORYCLETS training requirements for all
employees for a minimum of five years beyond staff termination of employment with Redlands.
Other Responsibilities
Terms of probation/PRCS including Fourth Amendment Waivers shall be verified by Redlands by
contacting a probation officer BEFORE conducting searches or taking enforcement action. Failure to
confirm this information could result in an illegal entry, an illegal search, an illegal detention or a
violation of civil rights.
While Penal Code Section 1203.2 (a) allows any peace officer to arrest a person for violation of
probation, the section also requires that a report alleging the violation(s) be filed with the court.
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Therefore, in order to meet that requirement, the Probation Department or designee must be involved in
the approval of the arrest in order to obtain the information necessary to complete the report/petition and
meet the minimum established guidelines and standards of the court within established legal timeframes.
Failure to contact the probation officer could result in an illegal detention.
Penal Code Section 3455 (a)(4)authorizes any officer who has probable cause to believe a person under
post release community supervision is violating any term or condition of his or her release to arrest the
person and bring him or her before the supervising county agency (probation) for their disposition. It
DOES NOT authorize booking into a county jail for a violation. Failure to follow this section could
result in an illegal detention.
V. DEFENSE AND INDEMNIFICATION
1. Claims Arising From Sole Acts or Omissions
a. Redlands hereby agrees to defend and indemnify the County of San Bernardino, its agents,
officers and employees (hereafter collectively referred to in this paragraph as the "County")
from any claim, action or proceeding against the County, arising solely out of the acts or
omissions of Redlands in the performance of this Agreement. At its sole discretion,the County
may participate at its own expense in the defense of any such claim, action or proceeding, but
such participation shall not relieve Redlands of any obligation imposed by this Agreement. The
County shall notify Redlands promptly of any claim,action or proceeding and cooperate fully in
the defense.
b. The County of San Bernardino("the County")hereby agrees to defend and indemnify Redlands
and its elected officials, officers, agents, and employees (hereinafter collectively referred to in
this paragraph as "Redlands"), from any claim, action or proceeding against Redlands, arising
solely out of the acts or omissions of the County and its officers, agents or employees in the
performance of this Agreement. At its sole discretion, Redlands may participate at its own
expense in the defense of any claim, action or proceeding, but such participation shall not
relieve the County of any obligation imposed by this Agreement. Redlands Police Department
notify the County promptly of any claim, action or proceeding and cooperate fully in the
defense.
2. Claims Arising From Concurrent Acts or Omissions
Redlands hereby agrees to defend itself, and the County hereby agrees to defend itself, from any
claim, action or proceeding arising out of the concurrent acts or omissions of Redlands and the
County. In such cases, Redlands and the County agree to retain their own legal counsel, bear their
own defense costs, and waive their right to seek reimbursement of such costs,except as provided in
paragraph 4 below.
3. Joint Defense
Notwithstanding paragraph 2 above, in cases where Redlands and the County agree in writing to a
joint defense, Redlands and the County may appoint joint defense counsel to defend the claim,
action or proceeding arising out of the concurrent acts or omissions of the County and Redlands.
Joint defense counsel shall be selected by mutual agreement of Redlands and the County. Redlands
and the County agree to share the costs of such joint defense and any agreed settlement in equal
amounts, except as provided in paragraph 4 below. Redlands and the County ftuther agree that
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neither party may bind the other to a settlement agreement without the written consent of both
Redlands and the County.
4. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the
parties, Redlands and the County may seek reimbursement and/or reallocation of defense costs,
settlement payments,judgments and awards,consistent with such comparative fault.
V1. TERM
This MOA shall become effective on the date all of the parties have signed this MOA. The term of this
MOA shall automatically be extended each fiscal year for an additional year unless otherwise amended.
V11. MOA TERMINATION
Upon mutual consent of both parties,this MOA is subject to further negotiation and revision as required
to support the needs of either Redlands or Probation Department. Any changes or amendments to this
MOA shall be in writing and signed by the parties herein or their duly appointed representatives
authorized to act on their behalf.
This MOA may be terminated by either party upon prior written notice to the other Party, at any time,
for any reason which does not need to be disclosed.
ENTIRE AGREEMENT
This MOA represents the full and entire agreement and understanding of the parties regarding the
subject matter covered herein and supersedes any prior written or oral agreements that may have existed
regarding the subject matter covered herein.
Signatures of Authorized Representatives:
/'1 4
A
Pete Aguilar,Mayor Michelle Scray,Chief Probation Officer
County of San Bernardino Probation Department
ATTEST:
Sam Irwin,Ci+derl)
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