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HomeMy WebLinkAboutContracts & Agreements_219-2021MEMORANDUM OF UNDERSTANDING between Lorna Linda University Children's Hospital And San Bernardino County Police Departments for Use of Children's Assessment Center July 1,2021 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 -private 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 II SERVICES TO BE PERFORMED 3 III 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 5 XI CONCLUSION 8 Page 2 of 9 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 (C6C) - 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 andlor 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) - Will provide the Center's Medical Director who is responsible for the medical direction of the Center II 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 colposcope The medical examination shall 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 Masters level professional with Child Forensic interview Training (CFIT) and certification to perform the forensic interview(s) of a child suspected of being abused The Forensic Interview (FI), shall work under the direction and control of the Medical Director and the Center's Manager 1 All forensic interviews will be memorialized, and a copy of the interview evidence will be provided to the referring Agencies 2 Prior to conducting the forensic interview, the FI 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 an annual membership fee calculated by population size, as outlined in Exhibit A, which entitles them to the services outlined in Section II B No changes to the fee structure or calculations will be permitted within the first year of this Agreement All changes thereafter are to be reassessed on Page 3 of 9 an annual basis and must be stated in a written amendment to this Agreement IV INVOICE AND PAYMENT PROCEDURES A ANNUAL MEMBERSHIP FEE LLUCH shall submit an invoice to the Agencies for the membership fee annually The Agencies shall pay the membership fee within forty-five (45) days of receiving the invoice The Agencies must submit payment within forty-five (45) days to continue to utilize the Center's services 1 The annual membership entitles the Agencies access to services outlined in Section II of the agreement, it does not include the direct treatment of the emotional, mental or physical consequences of abuse LLUCH reserves the right and responsibility to bill and collect from third party payors (including Medi-Cal and private insurance) any fees for evidentiary medical examination rendered by CAC during any client session C BILLING AND PAYMENT ADDRESSES 1 The Agencies' designated person and address for billing purposes shall be BARSTOW POLICE DEPARTMENT Attn 220 East Mountain View Street Barstow CA 92311 CHINO POLICE DEPARTMENT Attn 5450 Walnut Avenue, Chino CA 91708 COLTON POLICE DEPARTMENT Attn 650 N La Cadena Drive, Colton, CA 92324 FONTANA POLICE DEPARTMENT Attn 17005 Upland Avenue, Fontana, GA 92335 MONTCLAIR POLICE DEPARTMENT Attn 4870 Arrow Highway, Montclair, CA 91763 ONTARIO POLICE DEPARTMENT Attn Fiscal Services 2500 South Archibald Avenue, Ontario, CA 91761 REDLANDS POLICE DEPARTMENT Attn 30 Caton, Post Office Box 1025, Redlands, CA 92373 Page 4 of 9 RIALTO POLICE DEPARTMENT Attn 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 Payments shall be made payable to LOMA LINDA UNIVERSITY CHILDREN'S HOSPITAL The address and designated person for billing purposes shall be• CHILDREN'S ASSESSMENT CENTER Attn Program Administrator 700 E Gilbert Street, San Bernardino, CA 92415 V INDEMNIFICATION AND INSURANCE A INDEMNIFICATION Each party to this agreement agrees to indemnify and hold harmless the other party and its officers, employees, agents and volunteers from any and all claims or actions resulting from the other party's acts, errors or omissions and for any costs or expenses incurred by the party on account of any claim therefore B INSURANCE Each Agency to this agreement is a public entity and is legally self -insured under the laws of the State of California LLUCH is also legally self -insured under the laws of the State of California VI TERM This Memorandum of Understanding (MOU) is effective as of July 1, 2021 and expires June 30, 2024 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 VIII GENERAL PROVISIONS A When notices are required to be given pursuant to this MOU, the notices Page 5 of 9 shall be in writing and mailed to the following respective addresses listed below 1 Agencies BARSTOW POLICE DEPARTMENT Attn 220 East Mountain View Street, Barstow, CA 92311 CHINO POLICE DEPARTMENT Attn 5450 Guardian Way, Chino, CA 91710 COLTON POLICE DEPARTMENT Attn 650 N La Cadena Drive, Colton, CA 92324 FONTANA POLICE DEPARTMENT Attn 17005 Upland Avenue, Fontana, CA 92335 MONTCLAIR POLICE DEPARTMENT Attn 4870 Arrow Highway, Montclair CA 91763 ONTARIO POLICE DEPARTMENT Attn Fiscal Services 2500 South Archibald Avenue, Ontario, CA 91761 REDLANDS POLICE DEPARTMENT Attn 30 Cajon, Post Office Box 1025, Redlands, CA 92373 RIALTO POLICE DEPARTMENT Attn 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 LLUCH LOMA LINDA UNIVERSITY CHILDREN'S HOSPITAL Ambulatory Administration 11234 Anderson Street, CH1816 Loma Linda, CA 92354 Page 6 of 9 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 authority 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 D 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 F 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 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 Page 7 of 9 I 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 XI CONCLUSION A 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 Signatures to Follow Page 8of9 LOMA LINDA UNIVERSITY CHILDREN'S HOSPITAL RIALTO POLICE DEPARTMENT I 4- 1 Name Peter aker Title' enio Vice President Date: LAt I...(? Name Mark P Kling Title Chief of Police Date. BARSTOW POLICE DEPARTMENT SAN BERNARDINO POLICE DEPARTMENT Name Andrew Espinoza, Jr Name Eric McBride Title Chief of Police Title Chief of Police Date. Date. CH6LIC PARTNiIrNT Name* Wes Simmons Name Darren Goodman Title: Chief of Police Title Chief of Police Date: f. • f 2.cq Date. UPLAND POLICE DEPARTMENT COLTON POLICE DEPARTMENT Name. Henry Dominguez Title Date Chief of Police FONTAN ' O ff E DEPARTMENT Name WiI am Green Title Chief of police Date: //- 2-2-- l MONTCLAIR POLICE DEPARTMENT Name Robert Avels Title Chief of Police Date. ONTARIO POL Name: Title. Date. REDLA TMENT MENT Name Christopher R Catren Title C !eff Police Date. /Z ��Z,4Z Page9of9 Exhibit A Fee Structure Fees are calculated by population Cities with a population over 50,000 pay $5,000 membership fee plus 10 cents per resident over 50,000 residents Cities with populations below 50,000 residents pay the $5,000 membership fee only All jurisdictions paying fees are entitled to receive unlimited assessments at no additional cost Jurisdiction Population Annual Fee San Bernardino Police Department 216,000 $21,600 Fontana Police Department 214,000 $21,400 Ontario Police Department 182,000 $18,200 Rialto Police Department 103,000 $10,300 Chino Police Department 92,000 $9,200 Upland Police Department 77,000 $7 700 Redlands Police Department 72,000 $7,200 Colton Police Department 55,000 $5,500 Barstow Police Department <50,000 $5,000 Montclair Police Department <50,000 $5,000