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Home My WebLink AboutContracts & Agreements_167-2018MEMORANDUM OF UNDERSTANDING between Loma Linda University Children's Hospital And San Bernardino County Police Departments for Use of Children's Assessment Center July 1, 2018 WHEREAS, there exists a need for additional medical and forensic services to examine and diagnose children of suspected child abuse, and WHEREAS, the County of San Bernardino and its affiliates, and Loma Linda University Children's Hospital (LLUCH), have entered into a contractual public -private endeavor to provide these services at the Jointly operated Children's Assessment Center (CAC), and WHEREAS, because of the above --referenced public-pnvate endeavor, the LLUCH is offering the County's local law enforcement and other child protecting Agencies an opportunity to obtain the medical and forensic services needed to examine and diagnose children of suspected sexual and/or physical abuse, NOW THEREFORE, the LLUCH and local law enforcement Agencies and other child protecting Agencies, hereinafter referred to as Agencies, mutually agree to the following terms and conditions Page 1 of 9 TABLE OF CONTENTS I DEFINITIONS 3 it SERVICES TO BE PERFORMED 3 Ill OBLIGATIONS OF AGENCIES 3 IV INVOICE AND PAYMENT PROCEDURES 4 V INDEMNIFICATION AND INSURANCE , . 5 VI TERM . ...... 5 VII EARLY TERMINATION ...... 5 VIII GENERAL PROVISIONS .. 6 XI CONCLUSION g Page 2 of 9 1 DEFINITIONS A Agencies - For purposes of this MOU, local law enforcement and other child protecting Agencies able to access the services of the Center B Children's Assessment Center - Referred to as the Center For purposes of this MOU, shall only be that portion of the Center which is for the medical and forensic interview, examination and diagnosis of suspected child sexual and/or physical abuse It does not include the direct treatment of the emotional, mental or physical consequences of abuse C Loma_ Linda University Children's Hospital (LLUCH), - Referred to as Pediatrics, which will provide the Centers Medical Director who is responsible for the medical direction of the Center 11 SERVICES TO BE PERFORMED A The Center shall provide a medical sexual and/or physical abuse evidentiary examination by an examiner qualified for the practice of medical diagnosis of child abuse as well as qualified for practicing their medical specialty The examination shall include medical history, physical examination, and if medically appropriate, an in-depth examination of the genitalia using a coloposcope The medical examination shalt comply with the California Medical Protocol for Examination of Sexual Assault and Child Abuse Victims B. The Center shall provide the Agencies an original copy of the completed report of the outcome of the evaluation upon completion of the examination C The Center's Medical Director shall have the absolute right and discretion to refuse to conduct a medical examination or order certain laboratory tests with respect to a particular child D Qualified and trained Social Service Practitioners (SSP) to perform the forensic interview(s) of a child suspected of being abused The SSP's shall work under the direction and control of the Center's Manager 1 Ail forensic interviews will be memorialized and a copy of the interview evidence will be provided to the refernng Agencies 2 Prior to conducting the forensic interview, the SSP will review records relative to the child which have been provided to the Center and will consult with the authorized individual from the Agencies as to the content and purpose of the interview III OBLIGATIONS OF AGENCIES A The Agencies shall pay to LLUCH the sum of five thousand ($5000) as an annual membership fee, which entitles them to all services rendered at a reduced rate and usage of the Center B The Agencies shall pay to the LLUCH the sum of three hundred dollars ($300) for each medical examination and/or forensic interview service Page 3 of 9 1. The Agencies shall pay the full amount even if the request is only one service, medical examination or forensic interview 2 The Agencies shall pay the full amount for any incomplete medical examination where the child patient is uncooperative or where there is parental interference IV INVOICE AND PAYMENT PROCEDURES A ANNUAL MEMBERSHIP FEE LLUCH shall submit an invoice to the Agencies for the annual membership fee in June The Agencies shall pay the membership fee within forty-five (45) days of receiving the invoice The Agencies shall not be eligible to utilize the Center's services until payment of the membership fees are received B SERVICE FEES Upon completion of the medical examination and/or forensic interview, LLUCH shall submit an invoice to the Associate Agencies on a quarterly basis to user Agencies for services rendered Payment to LLUCH for services rendered is due within forty- five (45) days of receiving the invoice C BILLING AND PAYMENT ADDRESSES 1 The Agencies' designated person and address for billing purposes shall be BARSTOW POLICE DEPARTMENT Attn Lynn Shipley 220 East Mountain View Street, Barstow, CA 92311 CHINO POLICE DEPARTMENT Attn Jodi Summers 5450 Guardian Way, Chino, CA 91708 COLTON POLICE DEPARTMENT Attn Lorrain Avalos 650 N La Cadena Drive, Colton, CA 92324 FONTANA POLICE DEPARTMENT Attn Michelle Blank 17005 Upland Avenue, Fontana, CA 92335 MONTCLAIR POLICE DEPARTMENT Attn Trudy Burson 4870 Arrow Highway, Montclair, CA 91763 ONTARIO POLICE DEPARTMENT Attn Fiscal Services 2500 South Archibald Avenue, Ontario, CA 91761 Page 4 of 9 REDLANDS POLICE DEPARTMENT Attn Brenda Boon 30 Cajon, Post Office Box 1025, Redlands, CA 92373 RIALTO POLICE DEPARTMENT Attn Police DepartmentlChns Constantino 128 North Willow Avenue, Rialto, CA 92376 SAN BERNARDINO POLICE DEPARTMENT Attn Finance Unit 290 North "D" Street, San Bernardino, CA 92402 UPLAND POLICE DEPARTMENT Attn Lieutenant 1499 West 13th Street, Upland, CA 91786 2 The LLUCH's designated person and address for billing purposes shall be. LOMA LINDA UNIVERSITY CHILDREN'S HOSPITAL CHILDREN'S ASSESSMENT CENTER Attn Program Administrator 700 E Gilbert Street, San Bernardino, CA 92415 V INDEMNIFICATION AND INSURANCE A INDEMNIFICATION Each Agency to this agreement agrees to indemnify and hold harmless the other Agency and its officers, employees, agents and volunteers from any and all claims or actions resulting from the other Agency's acts, errors or omissions and for any costs or expenses incurred by the Agency on account of any claim therefore 6 INSURANCE Each Agency to this agreement is a public entity and is legally self -insured under the laws of the State of California VI TERM This Memorandum of Understanding (MOU) is effective as of July 1, 2018 and expires June 30, 2021, but may be terminated earlier in accordance with provisions of Section VII of this MOU VII EARLY TERMINATION This MOU may be terminated without cause upon thirty (30) days written notice by either Agency LLUCH is authorized to exercise rights as to all or any of the Agencies with respect to any termination of this MOU The Agency's Director, or his/her appointed designee, has authority to terminate this MOU on behalf of the Agencies Page 5 of 9 VIII GENERAL PROVISIONS A When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below 1 Agencies BARSTOW POLICE DEPARTMENT Attn Lynn Shipley 220 East Mountain View Street, Barstow, CA 92311 CHINO POLICE DEPARTMENT Attn Jodi Summers 5450 Guardian Way, Chino, CA 91708 COLTON POLICE DEPARTMENT Attn. Lorrain Avalos 650 N La Cadena Drive, Colton, CA 92324 FONTANA POLICE DEPARTMENT Attn Michelle Blank 17005 Upland Avenue, Fontana, CA 92335 MONTCLAIR POLICE DEPARTMENT Attn Trudy Burson 4870 Arrow Highway, Montclair, CA 91763 ONTARIO POLICE DEPARTMENT Attn Fiscal Services 2500 South Archibald Avenue, Ontario, CA 91761 REDLANDS POLICE DEPARTMENT Attn Brenda Boon 30 Cajon, Post Office Box 1025, Redlands, CA 92373 RIALTO POLICE DEPARTMENT Attn Police Department/Chris Constantino 128 North Willow Avenue, Rialto, CA 92376 SAN BERNARDINO POLICE DEPARTMENT Attn Finance Unit 290 North "D" Street, San Bernardino, CA 92402 UPLAND POLICE DEPARTMENT Attn Lieutenant 1499 West 13th Street, Upland, CA 91786 Page 6 of 9 2 LLUCH. LOMA LINDA UNIVERSITY CHILDREN'S HOSPITAL CHILDREN'S ASSESSMENT CENTER Attn Program Administrator 700 E Gilbert Street, San Bernardino, CA 92415 B Nothing contained in this MOU shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Agency have the right, power or authonty to create an obligation or duty, expressed or implied, on behalf of the other Agency hereto C Agencies shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of LLUCH in an attempt to secure favorable treatment regarding this MOU LLUCH, by written notice, may immediately terminate any MOU if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of LLUCH with respect to the proposal and award process This prohibition shall apply to any amendment, extension or evaluation process once a MOU has been awarded Agencies shall immediately report any attempt by a LLUCH officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Agencies The report shall be made to the supervisor or manager charged with supervision of the employee or to LLUCH's Administrative Office In the event of a termination under this provision, LLUCH is entitled to pursue any available legal remedies Q No waiver of any of the provisions of the MOU shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Agencies No course of dealing and no delay or failure of an Agency in exercising any right under the MOU shall affect any other or future exercise of that right or any exercise of any other right An Agency shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right E Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both Agencies as an amendment to this MOU No oral understanding or agreement not incorporated herein shall be binding on any of the Agencies hereto E If any provision of the MOU is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the MOU shall not be affected Page 7 of 9 G This MOU shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws The Agencies agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in the County of San Bernardino, for any and all disputes resulting under this MOU, to the exclusion of all other federal and state courts H This MOU is not assignable by Agencies either in whole or in part Agencies shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this MOU, except for statistical information not identifying any participant The Agencies shall not use or disclose any identifying information for any other purpose other than carrying out the Agency's obligations under this MOU, except as may be otherwise required by law This provision will remain in force even after the termination of the MOU Moreover, Agencies and LLUCH both recognize the breadth of laws and regulatory requirements concerning the confidentiality of child sexual abuse information and will ensure that their employees, volunteers and agents are familiar with the lawful release and exchange of such confidential information J Agencies and LLUCH shall comply with all Federal, State and local laws and regulations and requirements Page 8 of 9 XI CONCLUSION A This MOU, consisting of nine (9) pages, is the full and complete document describing services to be rendered by LLUCH to Agencies including all covenants, conditions and benefits B The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document LOMA LINDA UNIVERSITY MEDICAL ONTARIO POLICE DEPARTMENT CENTER Name Scott Perryman Title Senior Vice President Date. f2.,c, BARSTOW POLICE DEPARTMENT Name Title Date. Albert Ramirez Jr Chief of Police V a9%/� CHINO POLICE DEPARTMENT Name Karen Comstock Title. Chr f of Police Date. 7 f t .. / a COLTON POLICE DEPARTMENT Name Title. Date. Mark Owens Chief of Police /i2./IP FONTANA POLICE DEPARTMENT Name William Green Title. Chief of Police Date. Vic, - Sawaadc.ant, e:lure) Po artivicwat. MONTCLAIR POLICE DEPARTMENT Name Title Date. Robert Avels Chief of Police 7/i /iP Name Title Date. Derek Williams Chief of Police 9/c. / I P REDLANDS POLICE DEPARTMENT Name Christopher R Catren Title. Chief of Police Date f i' Li t - 'Plan work. RIALTO POLICE DEPARTMENT Name Mark P Kling Title Chief of Police Date. WI a„ I I? SAN BERNARDINO POLICE DEPARTMENT Name Jarrod Burguan Title Chief of Police Date. /o%I?fiP UPLAND POLICE DEPARTMENT Name Title Date. Darren Goodman Chief of Police Page 9 of 9 XI CONCLUSION A This MOU, consisting of nine (9) pages, is the full and complete document describing services to be rendered by LLUCIi to Agencies including all covenants, conditions and benefits B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document LOMA LINDA UNIVERSITY MEDICAL CENR Name Scott r an Title' 1n1 President Date: ILI 21474n BARSTOW POLICE DEPARTMENT Name Albert Ramirez Jr Title. Chief of Police Date: CHINO POLICE DEPARTMENT Name Karen Comstock Title Chief of Police Date. COLTON POLICE DEPARTMENT Name Mark Owens Title- Chief of Police Date: FONTANA POLICE DEPARTMENT Name William Green Title: Chief of Police Date. MONTCLAIR POLICE DEPARTMENT Name' Keith Jones Title Chief of Police Date. ONTARIO POLICE DEPARTMENT Name Brad Kayior Title. Chief of Police Date: REDLANDS POLICE DEPARTMENT Name Christopher R. Catren Title Chief of Police Date: RIALTO POLICE DEPARTMENT Name. Mark P Kling Title. Chief of Police Date. SAN BERNARDINO POLICE DEPARTMENT Name Jarrod Burguan Title Chief of Police Date. UPLAND POLICE DEPARTMENT Name Steve Adams Title: Chief of Police Date: Page 9 of 9 Xi CONCLUSION A This MOU, consisting of nitre (9) pages, is the Ii and complete describing services to be rendered by LLUC t documentcovenants, conditions and benefitsAgertcxes including elf B. The signatures aI: the Parties affixed to this p affirm that they are duly authorized to commit and bind their respeoti = iapartments to the terms and conditions set forth in this document. LOMA UNDA UNIVERSITY MEDECAL > ENTER Name. Scott Perryman fie' Senior Vice Present ate: BARSTOW9OUCE DEPARTMENT ame; err ma rex Jr, Title. Chief of Police CHINO POLICE DEPARTMENT Ems: Karen Comstock Chief of Police COLTON POLICE DEPARTMENT Nrne. M ris Owens_ Chief of Po1ico Date: FONTANA POLICE DEPARTMENT Ndrne. Wlliiam Green TiOe• Chief of Porte MONTCL IR POLICE DEPARTMENT Name. Robert Avers Title. Chief of Police ONTARIO Name. Title: Date: LICE DEPARTMENT JJ REDLAND : POLICE DEPARTMENT Name. topher R. Catren Troe hief of Police Date: RIALTO P • LIFE DEPARTMENT Name' ark P Kling T { hief of Police Date: SAN BERN ' • NO POLICE DEPARTMENT Name: Title: Date: Burguan h f of Police UPLAND P • LIbE DEPARTMENT Name Title: Date: rren Goodman ieif of Police Page 9 of 9 XI CONCLUSION A This MOU, consisting of nine (9) pages, is the full and complete document descnbing services to be rendered by LLUCH to Agencies induding all covenants, conditions and benefits B The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terma and conditions set forth In this document LOMA LINDA UNIVERSITY MEDICAL CENTER Name Titer: Date: Scott Perryman Senior Vice President BARSTOW POLICE DEPARTMENT Name. Albert Ramirez Jr. Title. Chief of Police Date: CHILI SPAR E .ems Name' Karen Comstock Title: Chief of Pdw Date. .407-,, COLTON PO1es DEPARTMENT Name Mark Owens The Chief of Police Date.-12.-1R FONTANA POLICE DEPARTMENT Name Wiifiram Green Title: Chief of Police Dida: POLICE DEPARTMENT Name Robert Meta Title: Chief of Police Date: '7 ` t 1� ONTARIO POLICE DEPARTMENT Name Derek Williams Title. Chief of Police Dom: REDLANDS POLICE DEPARTMENT Name Christopher R Catren Title: Chief of Police Date: RILTQ POLICE DEPARTMENT SAN BERNARDINO POLICE DEPARTMENT Name Jarred Burguan Title: Chief of Police Date: UPLAND POLICE DEPARTMENT Name Darren Goodman Title: Chief of Police Date. Page 9 of 9 XI. CONCLUSION A. This MOU, Consisting of nine (9) pages, is th describing aervices to be rendered by LWC covenants, Conditions and benefits B The signatures of the Parties affixed to this authorized to commit and bind their res conditions sit forth in this document LOMA LINDA UNNERSITY MEE 1GAL CENTS II Name: Scott Perryman rj Title: Senior Vice Preslkent BARSTOW POLICE DEPARTENT Name AibertRantfrez Jr Tide: ChlefofPolice Data: CHIN!) LEPAR�ME Date: Name Karen Comstock Title: Chief of P• Date. COLTON PO DEPARTMENT Name. hark Owens Tide Chief of Police Date; FONTANA POLICE DEPARTMENT Name_ William Green Title. Chief of Poke POLICE DEPARTMENT Name- — Robert Avefs Title. Chief of Police Date: —7 l2- 4 ONTARIO Name. Title: Date. REMAND Name. Trtfe: Data: RI Na Trite D SAN BER Name: J 'Effie Date. e: Title. G Date. full and complete dominant to Agencies inafudIng all du affirm that they are duly departments to the terms aftd LICE DEPARTMENT k lams hlaf of Ponce POLICE DEPARTMENT hristol*erR Catren hief of Police ICE DEPARTMENT rk P Kling lef of Police RDINO POLICE DEFARTMENt f rrod Burguan ref of Goodman '0 ofg°floe NT Page 9of0 XI CONCLUSION A This MOU, consisting of nine (9) pages, is the full and complete document describing services to be rendered by LLUCH to Agencies including all covenants, conditions and benefits B The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document LOMA LINDA UNIVERSITY MEDICAL CENTER Name. Scott Perryman Title Senior Vice President Date: BARSTOW POLICE DEPARTMENT Name Albert Ramirez Jr Title Chief of Police Date. CHINO POLICE DEPARTMENT Name Karen Comstock Title Chief of Police Date: COLTON POLICE DEPARTMENT Name Mark Owens Title Chief of Police Date: FONT E DEPARTMENT Name_ / William Green Title Chief of Police Date. MONTCLAIR POLICE DEPARTMENT Name Robert Avels Title' Chief of Police Date' ONTARIO POLICE DEPARTMENT Name Derek Williams Title Chief of Police Date REDLANDS POLICE DEPARTMENT Name Christopher R Catren Ti#le. Chief of Police Date' RIALTO POLICE DEPARTMENT Name Mark P Kling Title' Chief of Police Date SAN BERNARDINO POLICE DEPARTMENT Name Jarrod Burguan Title: Chief of Police Date UPLAND POLICE DEPARTMENT Name Darren Goodman Title Chief of Police Date. Page 9 of 9 Xl. CONCLUSION A. This MOU, consisting of nine (9) pages, is th describing services to be rendered by LLUC covenants, conditions and benefits. B The signatures of the Parties affixed to thi authorized to commit and bind their res conditions set forth in this document. LOMA LINDA UNIVERS1Ty MEDICAL ONT ' 10 CENTER Name: S Name: Title: Senior Vice President The: Rate:_ Date. BARSTOW POLICE DEPARTMENT REDLAND Name Albert Ramroz Jr. Title: Chief of Poke Clete: CHINO POLICE DEPARTMENT Name Karen Cometocac Titre- Chief of Pow Dom: ill and complete document t9 Agencies indenting all Ol;! affirm that they are duly departments to the terms and E DEPARTMENT k Williams of of Poke P LfCE DEPARTMENT Name: Title: Date. Snstopher R. Catren hipf of Police RIALTO E DEPARTMENT Name - Date: COLTON POLICE DEPARTMENT SAN BER Nam: Mark Owens Title Citief of Police Date: FONTANA POLICE DEPARTMENT Name• William Green rye Chief of Police Date: MONTCLAIR POLICE DEPARTMENT Name: Robert Aveie Title- Chief of Police Date: elk P. Kling Net of Police 1INQ POLICE DEPARTMENT Name: Tittle Date: UPLAND rrbd Burguen hiif of Police U4E DEPARTMENT Name. TitlEe: Date: n Goodman isif of Police Page S of 9 XI CONCLUSION A This MOU, consisting of nine (9) pages, is the full and complete document describing services to be rendered by LLUCH to Agencies including all covenants, conditions and benefits B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document LOMA LINDA UNIVERSITY MEDICAL CENTER Name- Scott Perryman Title Senior Vice President Date' BARSTOW POLICE DEPARTMENT Name Albert Ramirez Jr Title' Chief of Police Date CHINO POLICE DEPARTMENT Name Karen Comstock Title. Chief of Police Date' COLTON POLICE DEPARTMENT Name Mark Owens Title. Chief of Police Date. FONTANA POLICE DEPARTMENT Name William Green Title. Chief of Police Date MONTCLAIR POLICE DEPARTMENT Name Robert Avels Title. Chief of Police Date ONTARIO POLICE DEPARTMENT Name Title. Date RED Derek Williams Chief of Police Name. Title Date EPARTMENT Christopher R Catren Chief of Police RIALTO POLICE DEPARTMENT Name Mark P Kling Title. Chief of Police Date. SAN BERNARDINO POLICE DEPARTMENT Name Jarrod Burguan Title. Chief of Police Date. UPLAND POLICE DEPARTMENT Name Darren Goodman Title Chief of Police Date Page 9 of 9 XI CONCLUSION A. This MOU, consisting of nine (9) pages, is t describing services to be rendered by LLUC covenants, conditions and benefits B The signatures of the Parties affixed to this authorized to commit and bind their respectl condihons set forth in this document LOMA LINDA UNIVERSITY MEDICAL CI fTER Name: Scott Pyrnaar Tale: Senior Vice President Date. BARSTOW POLICE DEPARTMENT Name Aitrert Ran3iraz Jr Tide: Chief of Police Date: CHINO POLICE DEPARTMENT Name: Ian � . Tom: Chief of Police Date: COLTON POLICE DEPARTMENT Name: I,Aarfc Owe Title: Chief of Police Date. fONTANA POLICE DEPARTMENT Name William Green Title: Chief of Police Date: MONTCLAIR POLICE DEPARTMENT Name Robert Avels Title. Chief of Police Date. ONTARI Tide: Date: REDLAND full and complete document to Agencies including all Op afiiriri that they are duly e departments to the terms and P{Lt10E DEPARTMENT IIi Of Police POLICE DEPARTMENT er R Catren Title: Ch !of Police Date: RIALTO POCKS DEPARTMENT Name: Ma c P Kling Title: Chid of Police Date: 1 SAN BERNARDINO POLICE DEPARTMENT Name: Jel *. Burguan Title: Q '=f of Police Date: UPLAND POLICE DEPARTMENT Name, �n Goodman an title: Ch of Pam Date: Page 9 of 9