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RESOLUTION (ID # 4490) DOC ID: 4490 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Jarrod Burguan M/CC Meeting Date: 07/18/2016
Prepared by: John Cardillo, (909) 384-
5606
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a Memorandum of Understanding Between the City of San Bernardino
and the City of Fontana Police Department and the San Bernardino County District
Attorney's Office for the Implementation of the Bureau of Justice Assistance (BJA)
Body-Worn Camera Pilot Implementation Program Grant. (#4490)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $546,502
Account No. 123-210-8042
Account Description: Grants, Police, Body Worn Camera FY15
Balance as of: 7/1/16
Balance after approval of this item: $546,502
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
1/22/16 Resolution 2016-7 adopted authorizing the receipt and obligation of the
FY15 Body Worn Camera Pilot Implementation Program Grant from the
Bureau of Justice Assistance.
Background:
The San Bernardino Police Department has been awarded a grant from the Department
of Justice for the implementation of the Body Worn Camera (BWC) Program for Mid-
Sized Agencies in the amount of$546,502. This grant was a joint venture with Fontana
Police Department (FPD), with FPD being the sub-grantee. The grant awards $273,251
to each agency with the said agency providing matching funds for the purchase of Body
Worn Cameras, training and other related expenses. The project will purchase a total of
200 BWCs at a cost of about $1,366 per camera. All proposed costs will be incurred in
year one with exception of 1) Evidence.com year two licensing fee, 2) upgrade plan
costs for year two, and 3) attendance at one workshop/conference.
A condition of the grant is to have an MOU with FPD and the District Attorney's office.
The MOU establishes guidelines between all said agencies in regards to the storage of
Updated: 7/12/2016 by Georgeann "Gigi" Hanna B I Packet Pg.446
5.R
4490
evidence, reporting requirements and training. After the completion of the MOU and
acceptance of all involved parties, money can be drawn down to purchase the
equipment and start the program.
City Attorney Review:
Supporting Documents:
Execution of Memorandum of Understanding Reso (DOCX)
Agrmt 4490 (PDF)
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Updated: 7/12/2016 by Georgeann "Gigi" Hanna B Packet Pg.447
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
2 BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM O
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UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY at
3 OF FONTANA POLICE DEPARTMENT AND THE SAN BERNARDINO COUNT o
DISTRICT ATTORNEY'S OFFICE FOR THE IMPLEMENTATION OF THE BUREAUa
4 OF JUSTICE ASSISTANCE (BJA) BODY-WORN CAMERA PILO
IMPLEMENTATION PROGRAM GRANT
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS: o
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7 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City
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8 Memorandum of Understanding (MOU) between the City of San Bernardino Police Department a
9 and the City of Fontana Police Department, as grantee and sub-grantee respectively, and the San
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10 Bernardino County District Attorney's Office for the BJA Body Worn Camera Project Granto
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being administered by the San Bernardino Police Department, a copy which is attached hereto
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marked as Exhibit "A" and incorporated herein by this reference as fully as though set forth a c
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SECTION 2. The authorization to execute the above referenced MOU is rescinded if it
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is not fully executed within ninety(90) days of this Resolution.
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1 Packet Pg.448
5.R.a
C; 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF E
2 UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY 6
OF FONTANA POLICE DEPARTMENT AND THE SAN BERNARDINO COUNT so-
3 DISTRICT ATTORNEY'S OFFICE FOR THE IMPLEMENTATION OF THE BUREA a
OF JUSTICE ASSISTANCE (BJA) BODY-WORN CAMERA PILO —2
4 IMPLEMENTATION PROGRAM GRANT L
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and E
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Common Council of the City of San Bernardino at a meeting thereof, c
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7 held on the day of , 2016,by the following vote,to wit: w
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9 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT a
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11 BARRIOS
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12 VALDIVIA
SHORETT
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14 RICHARD
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17 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this of ,2016.
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21 R. Carey Davis, Mayor o
City of San Bernardino r-
22 Approved as to form: 2
Gary D. Saenz, City Attorney
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24 By:
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY'S OFFICE, THE CITY
OF SAN BERNARDINO POLICE DEPARTMENT AND THE FONTANA POLICE
DEPARTMENT FOR THE IMPLEMENTATION OF A BODY WORN CAMERA PROGRAM
FOR EACH DEPARTMENT
This Memorandum of Understanding ("MOU") is entered into this day of
, 2016, dated for reference purposes only, by and between the San Bernardino _
County District Attorney's Office ("SBCDA") and the San Bernardino Police Department E
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("SBPD"), working alongside the Fontana Police Department ("FPD). The agencies are o
sometimes referred to herein individually as a "Party", and collectively as the "Agencies" or a`
"Parties". The purposes of this MOU are to establish a mechanism for the Parties to work o
cooperatively to implement a Body Worn Camera program in the cities of San Bernardino and a.
Fontana and to use said program to develop and strengthen effective law enforcement and
prosecution strategies through the use of technology and best practices.
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WHEREAS, the Agencies have a documented history of collaboration among ,O
governmental and community agencies working to better the community by eradicating crime, D
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advocating for victims, and holding offenders accountable; and
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WHEREAS, the use of body worn cameras ("BWC") by law enforcement has the
potential to demonstrate transparency to our community, to document evidence, and to deter a
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unprofessional, illegal, and inappropriate behaviors by both law enforcement and the public; and
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WHEREAS, SBPD and FPD were jointly awarded a grant by the Department of Justice o
("DOJ") for the FY 2015 Body Worn Camera Policy and Implementation Program, and
WHEREAS, this program will ultimately serve as an integral tool to enhance the many
accomplishments the SBPD and FPD have already achieved by implementing community
policing strategies and improving police legitimacy and transparency; and
WHEREAS, this MOU demonstrates the Parties' cross-agency collaboration and
commitment to the successful implementation of a BWC Program in both jurisdictions. E,
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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Section I. Roles and Responsibilities of the Parties
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A. SBPD and FPD. SBPD and FPD will have sole responsibility for implementing a
the proposed project. SBPD and FPD's missions are to promote the quality of life and the safety
of their citizens by providing police services with integrity and a spirit of excellence in
partnership with the community. Both agencies have assigned a BWC Program Manager to
oversee implementation of the program. Both agencies intend to commit personnel and
resources as necessary to a planned implementation model based on best practices guidance,
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consistent with available appropriations and funding. Both agencies will consult with the SBCDA
as they establish relevant policies, determine system selection, and set retention specifications.
Both agencies are committed to implementing their BWC Programs using sound policy and
procedure as well as using a system that is the best overall value for the citizens of their
jurisdictions and that does not cause an undue burden on other parts of the criminal justice
system.
B. SBCDA. The main function of the SBCDA is to enforce the criminal laws of the
State of California by seeking justice on behalf of citizens of San Bernardino County. A primary
goal of the SBCDA is to achieve justice for the victim and the community by holding offenders
appropriately accountable for their conduct. °
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The SBCDA will consult and provide suggestions to SBPD and FPD as they establish —°
relevant policy, determine system selections, and set retention specifications. The specific
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considerations of importance to the SBCDA in this program are as follows:
1. Recording protocols: when to activate and deactivate BWC, when recording is
required, discretionary, and prohibited 0
2. Data retention periods for evidentiary recorded data o
3. Method of storage and tagging of evidentiary video
4. Method for documenting chain of custody and preserving integrity of the footage o
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5. Accessibility of the video to prosecutors and method for release of recordings as a
discovery in criminal matters
6. Whether officer reviews recordings prior to writing reports and in the context of a
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ensuing investigations
7. The need to document the existence of the BWC footage in written reports as °
well as when/why it was turned on/off o
8. Importance of recordings not taking the place of a thorough investigation and
well-written reports
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As requested, the SBCDA will assist SBPD and FPD in the review of training curriculum and by
providing training to officers related to the BWC Program.
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Section 11. Indemnity. The Parties are public agencies as defined by applicable law. To a
the extent that liability may be imposed on the Parties by the provisions of Government Code
Section 895.2, as between the Parties, each Party shall be liable for its own acts or omissions, E
including for all claims, liabilities, injuries, suits, and demands and expenses of all kinds which
may result or arise out of any alleged malfeasance or neglect, caused or alleged to have been .2
caused by the relevant Party or its employees or representatives in the performance or omission
of any act or responsibility of the relevant Party under this MOU. In the event that a claim is
made against the Parties it is the intent of the Parties to cooperate in the defense of said claim
and to cause their insurers to do likewise.
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Section €II. Term. This MOU shall become effective on the date it is executed by all of the
Parties. This MOU will remain in effect until September 30, 2017 or upon completion of the
BWC Implementation Project, whichever is sooner, unless extended pursuant to Section IV or
terminated pursuant to Section VII herein.
Section IV. Extension of Term. This MOU may be extended at any time with the written
consent of both Parties. All extensions will be effectuated through written amendments to this
MOU which must be approved by the governing bodies of the Parties.
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Section V. Third Party Beneficiaries. Nothing in the provisions of this MOU is intended to 0
create duties or obligations to, or rights in, third-parties not parties to this MOU, or affect the a
legal liability of the Parties to this MOU by imposing any standard of care different from the o
standard of care imposed by law. a
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Section VI. Waiver or Breach. The waiver of any breach of a term, provision, or ci
requirement of this MOU shall not be construed or deemed as waiver of any subsequent breach o
of such term, provision, or requirement, or of any other term, provision, or requirement. The sole m
and exclusive remedy for any breach of this MOU shall be termination, and none of the parties w
shall be entitled to recover damages, costs, or attorney fees. M
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Section VII. Termination. This MOU will automatically terminate in the event that funding is
not provided through the Department of Justice ("DOX) 2015 Body Worn Camera Pilot
Implementation Program. Any party may terminate its participation in this MOU by providing a
thirty (30) days prior written notice to the other Party. The MOU may be terminated if the w
governing bodies of any two of thre Parties agree to do so in writing. In that event, the MOU will o
be terminated thirty (30) days following the written notice of termination.
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SIGNATURE PAGE
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO POLICE DEPARTMENT AND THE FONTANA
POLICE DEPARTMENT FOR THE IMPLEMENTATION OF A BODY WORN CAMERA
PROGRAM FOR EACH DEPARTMENT o
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San Bernardino Police Department Fontana Police Department
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Mark Scott [INSERT SIGNATORY] o
City Manager [INSERT TITLE] m
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Date: Date: 0
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APPROVED AS TO FORM: C'
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Gary D. Saenz, City Attorney a
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By: n ' .- o
Joie ri Chief Assistant City Attorney
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San ernardino County District Attorney's Office o
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[INSERT SIGNATORY] CD
[INSERT TITLE]
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APPROVED AS TO FORM: APPROVED AS TO FORM:
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By: By:
[INSERT TITLE] Best Best & Krieger LLP
Counsel to the Fontana
Police Department
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