Loading...
CONTRACT 5679 Memorandum of UnderstandingMEMORANDUM OF UNDERSTANDING BETWEEN REDONDO BEACH POLICE DEPARTMENT !1 I 8110 lb Utir LIFIM TO r`Y C,5,6104 of 1 ' ted d :Pr"+ PaO Yr1 �B`iP Office,, consisting, oflhfoU h TTEST, . ".. r -`,iter Clerk o.f tP°ne Qty ot,140nlde Beach, State of Calif mia CITY OF EL SEGUNDO AND ITS POLICE DEPARTMENT TASK FORCE ESTABLISHED The parties to this MEMORANDUM OF UNDERSTANDING agree to participate in a joint and consolidated maritime enforcement unit. This unit is called the Redondo Beach Police Department's Pier / Harbor Unit ("Unit"). The purpose of this unit is to integrate resources and provide law enforcement duties along the coastline, harbors and waterways in the Cities of Redondo Beach and EI Segundo. DURATION OF TASK FORCE The Redondo Beach Police Department currently provides the law enforcement duties along the coastline, harbors and waterways in the City of Redondo Beach. The El Segundo Police Department will join the unit upon ratification of this Memorandum of Understanding and will remain a participant until terminated upon agreement by either party to this Memorandum. If for any reason, the El Segundo Police Department desires to remove its assigned police officer from the unit, notification of this intention shall be made in writing to the Redondo Beach Police Department Special Operations Division Commander. LOCATION The Redondo Beach Police Department's Pier / Harbor Unit will be physically located in the Redondo Beach Police Sub -Station building at 101 W. Torrance Blvd.. in Redondo Beach. SUPERVISION The operational control of the unit will be the responsibility of the Redondo Beach Police Special Operations Division Commander. The day to day supervision of the unit will be the responsibility of the Redondo Beach Police Department's Pier/ Harbor Unit supervisor. The EI Segundo Police Department officer(s) will be expected to conform to the policies and procedures in effect at the Redondo Beach Police Department and the Special Operations Division. Should any Redondo Beach Police Department policies or procedures conflict with any EI Segundo Police Department policies or procedures the assigned EI Segundo Police Officer(s) should ry immediately notify the unit supervisor. Should such an instance arise, the parties will work collaboratively to determine which department's procedures prevail. The EI Segundo Police Officer will abide by the directives of the El Segundo Police Department until such conflict is resolved. LIABILITY, INDEMNIFICATION X679 Each party of this memorandum shall be solely liable for any and all damages, including attorney's fees, resulting from the acts or omissions of its own employees assigned to the unit. Each party to this memorandum shall indemnify, defend, and hold harmless each and every other party to this memorandum from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including attorney's fees and expert witness fees), arising from or connected with the indemnifying participating agency's acts and/or omissions, including the acts and omissions of the indemnifying participating agency's employees assigned to unit, arising from and/or relating to this memorandum. SPECIAL OCCURRENCES All citizen complaints, injuries sustained on duty, traffic or boating accidents and uses of non -lethal force shall be reported to the unit supervisor who will in turn report the incident to the Watch Commander of the EI Segundo Police Department. These occurrences shall then be handled in accordance with the policies of the involved officer's agency. Shooting incidents (any discharge of a firearm) shall immediately be reported to the unit supervisor, who will in turn immediately notify supervisory personnel at the parent agency of the involved officer. The unit supervisor will brief the parent agency of the involved officer no later than 24 hours from the date of the occurrence. The discharge shall also be reported to the appropriate law enforcement supervisor on duty in the jurisdiction where the incident took place. In addition to this procedure, any use of deadly force by an on -duty unit member shall be reported to the Los Angeles County District Attorney's Office who will review the investigation. Individual parent agencies will conduct or initiate appropriate criminal and administrative investigations in accordance with their policies. Any unusual or significant event not mentioned here shall be reported to the unit supervisor who will then report same to supervisory personnel at the parent agency of the involved officer. Such events can be defined as anything which, because of its magnitude or nature, exhibits unique, unusual or sensational qualities, and might tend to arouse the interests or passions of the general public. Such events may also include anything that involves any person who, because of status or position, either public or private, might provoke general interest or attention. PERSONNEL COSTS, EMPLOYEE BENEFITS The participation of the El Segundo Police Department in the Unit will be on a collateral basis. The assigned officer(s) may be on straight time or overtime at the discretion of the EI Segundo Police Department. All personnel assigned to unit will be paid by their respective agencies, and in no event will any agency be responsible to pay for an officer that is not employed by such agency. Payroll accounting procedures are to be determined by participating personnel and their parent agencies. The unit supervisor will be available to verify hours worked to those agencies upon request. Each participating agency shall be responsible for any and all worker's compensation, sick, injured on duty, or similar benefits incurred by or due to its personnel assigned to the Unit. In no event will 5679 IFS any agency be responsible to pay any worker's compensation or any benefits for an officer that is not employed by such agency. EQUIPMENT The parties to this memorandum shall furnish personnel fully equipped and trained to conduct law enforcement duties. That equipment shall include, at a minimum: One (1) bullet resistant entry vest; One (1) Personal Flotation Device (PFD) One (1) cellular Telephone. Firearms: Firearms shall be issued in accordance with the individual agency policies concerning firearms. Officers assigned to the unit shall be expected to maintain firearms qualification within the policy of their respective agency. PERSONNEL ISSUES The assignment of El Segundo Police Department officer(s) to the Unit is on a part-time collateral basis. The El Segundo Police Department will have sole discretion of the number of hours assigned officer(s) are authorized to work. Assigned officer(s) will communicate these hours with their respective Redondo Beach Police Department supervisor who has responsibility for the Unit scheduling. The unit supervisor or Redondo Beach Police Department's Special Operations Division Commander shall maintain the authority to reassign with or without cause, any individual assigned to the unit. Upon the reassignment of an officer in such an instance, the agency that provided the officer may identify and assign a replacement within sixty (60) days. TERMINATION The City of EI Segundo and its Police Department may tenninate its participation in the unit upon delivery of a sixty (60) day written notice. This 60 -day notice will provide for the timely transfer of assignments to qualified alternative representatives. The notice will be sent either via e-mail to the following e-mail address or via U.S. Mail to the following address: Redondo Beach Police Department Attn: Special Operations Division Commander 401 Diamond Street Redondo Beach, CA 90277 Email: JOE. HOF'FM/4A/(? Rkro0,N/00.0AG OPERATIONS AND ASSET SHARING Although the primary function of the Redondo Beach Police Department's Pier / Harbor Unit is to enforce law on the land and waterways, there may be incidents where drug trafficking arrests are 5679 � investigated and enforcement action is taken. In those incidents where assets stemming from drug trafficking interdiction arrests made specifically by the unit, the El Segundo Police Department shall receive a percentage of all assets approved for seizure, based proportionally on amount of time worked with the Unit in comparison with other involved agencies, and regardless of the location of such arrests are made. Only assets that are approved for actual forfeiture shall be distributed to assigned parties. The payment shall be paid after the actual monies are received by the Redondo Beach Police Department. Upon termination of participation, the El Segundo Police Department's share of assets shall be calculated up to and through the date of termination, and such payment shall be paid after the Redondo Beach Police Department receives the actual funds. MEDIA RELATIONS Media relations and press releases surrounding the unit shall be handled jointly between the Redondo Beach Police and EI Segundo Police Department media relations personnel. MODIFICATION OF MOU This MEMORANDUM OF UNDERSTANDING may be modified, removed, expanded or extended upon if done so in writing and with the agreement of both parties to the memorandum. Nothing in this memorandum is to be construed as conflicting with existing laws, regulations or prescribed policies to the respective parties hereto. AUTHORITY Redondo Beach Police Department warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this MEMORANDUM OF UNDERSTANDING on behalf of the Redondo Beach Police Department. The party signing on behalf of the City of EI Segundo and its Police Department and any other party to this MEMORANDUM OF UNDERSTANDING warrants and represents that he or she is duly authorized to enter into and execute this MEMORANDUM OF UNDERSTANDING on behalf of that party. INTERPRETATION All Parties to this MEMORANDUM OF UNDERSTANDING acknowledge that they have had ample opportunity to seek legal advice with respect to the negotiation of this MEMORANDUM OF UNDERSTANDING. This MEMORANDUM OF UNDERSTANDING shall be interpreted as if drafted by all parties. SEVERABILITY Any provision of this MEMORANDUM OF UNDERSTANDING that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this MEMORANDUM OF UNDERSTANDING shall remain enforceable to the fullest extent permitted by law. GOVERNING LAW AND VENUE 4 5679 V. This MEMORANDUM OF UNDERSTANDING shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District. tt$ IN WITNESS WHEREOF, the parties have caused this MOU, dated ZA .2019 for reference purposes only, to be executed by their duly authorized representatives, on the date written below. CITY OF REDONDO BEACH BY: W William C. Brand, Mayor BY: V4 /' /'�' // Keith Kauffman, Chief of Police DATE: APPROVED: .. ti RiskQn'Iger ATTEST: atw City Clerk APPROVED AS TO FORM: �✓ Cit Attorney's Office CITY OF EL SEGUNDO BY: 4GreaArpent,, City Manager BY - Bill Whalen, Chief of Police DATE: ATTEST: Trac, Wclerk APPROVED AS TO FORM: PWD. Hcnslc3 ty Attorney