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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt, Chief of Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of a
Memorandum of Agreement between the
County of San Bernardino and the San
Bernardino Police Department for the use of
the Children's Assessment Center.
Dept: Police
Date: June 21, 2007
MCC Date: July 16,2007
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution.
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MICHAEL A. BILLDT, Chief of Police
Contact person:
T if>11tpn~nt "('oft P~tpr<;:{)n
Phone: ,RJ._<;I>J.I>
Supporting data attached:
Ward: All
Yes
FUNDING REQUIREMENTS: Amount: $ 7000.00
Source: (Ace!. No.) 0012205505
(A(,,(,{)llnt Op<;:("rirtlnn) Pnlif'p <;:Ilprnri <:;'pn,if'pl;:
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of a Memorandum of Agreement between the County of San Bernardino and the San
Bernardino Police Department for use of the Children's Assessment Center.
BACKGROUND:
The Children's Fund (the umbrella organization that includes the Children's Assessment Center)
was created in 1986 and is a non-profit member of the San Bernardino County Children's
Network. The purpose of the Children's Fund is:
. To help at-risk children in our communities by calling to action private businesses, non-profit
organizations, and concerned citizens to form a public/private partnership to address
children's needs.
. To assist the various agencies during the intervention and investigation phases of children at
risk.
. To provide an administrative overhead from the County so that every dollar raised by the
fund goes directly to children in need.
The Children's Fund serves children in three major categories:
. Daily referral activity involving the processing of requests made by case managers and social
workers.
. Community Outreaches to help provide funding to projects in the community that help at-risk
children such as "Education First", a school for children of homeless families.
. The Children's Fund Assessment Center provides an atmosphere for forensic interviews and
evidentiary medical examinations to assist in the evaluation of child abuse allegations and to
coordinate services in a child focused atmosphere to reduce trauma to the child and their
families.
This concept conforms to Mayor Patrick Morris, the City Council, and the San Bernardino Police
Department's efforts to utilize public and private partners in the community to identifY children
and families at-risk. Additionally, it provides at-risk citizens with the level of assistance needed,
up to and including total intervention, to encourage a healthy lifestyle.
ADDITIONAL:
In September 1999 the San Bernardino County Chiefs, acting as an advisory steering body,
approved a jointly developed "model protocol for the interagency investigation of child abuse
and serious neglect cases within San Bernardino County". The protocol outlined the
responsibilities and procedures of law enforcement agencies, social service agencies, and
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medical entities within San Bernardino County that investigate and treat child abuse and neglect
cases. Then Chief of Police Lee Dean approved the protocol, as did the department heads for the
State, County, local. and private agencies involved with the investigation and treatment of child
abuse and neglect cases within San Bernardino County. These agencies have operated under this
protocol since that time. In May of 2006 the protocol was revised and in September of that year,
Chief of Police Michael A. Billdt signed the 'Revised Version'.
A copy of this current protocol and the "Memorandum of Understanding between the County of
San Bernardino and the San Bernardino Police Department for Use of Children's Assessment
Center" are attached with this document for review.
Senior Deputy City Attorney Robert Simmons reviewed the Memorandum of Understanding and
approved the document pending a minor change to the signature line per a recent city policy
change requiring the City Manager's signature instead of the Department Head's signature on
interagency agreements. The document has been amended to reflect that correction.
OPERATIONAL OVERSIGHT:
The Children's Fund and the programs operated within the program, to include the Children's
Fund Assessment Center, are overseen by a Board of Directors comprised of professionals from
the community. The current Chairman is Jack Brown, President / Chairman! CEO of Stater
Bros. Markets.
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The San Bernardino Police Department has utilized the Children's Fund Assessment Center for
several years. The service requires a yearly $500 membership fee and a fee of $50 per
examination. The examination fee is set at $50 per child regardless of the number of procedures
and/or interviews performed on that child. The San Bernardino Police Department currently
allocates 57000 per year for this process.
RECOMMENDATION:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR Al'I'D COM:\lOC'i COt:NCIL OF THE CITY OF SAI\
BERNARDINO At:THORIZING THE EXECVTION OF A MEMORANDVM 0
AGREEMEIU BETWEEN THE COt:NTY OF SAX BERNARDI:-.'O Al'I'D THE SAN
BERNARDINO POLICE DEPARTMENT FOR t:SE OF THE CHILDREN'
ASSESSMENT CENTER.
SECTIO:-.' 1. The City Manager is hereby authorized to execute on behalf of the Cit
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TH
6 CITY OF SAN BERc'lARDINO AS FOLLOWS:
8 the Memorandum of Agreement between the City of San Bernardino Police Department and th
9 County of San Bernardino to authorize the Police Department's use of the Children'
"C Assessment Center. A copy of which is attached hereto, marked Exhibit A, and incorporate
herein by reference.
SECTION 2. The authorization to execute the above referenced agreement is rescinde
ifit is not executed within sixty (60) days of the passage of this resolution.
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BCL:S:CounciJ Children's Assessment Center RESO b 13 a-doc
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RESOLUTIO~ OF THE MAYOR A:\"D COMMON COUNCIL OF THE CITY OF SM.J
BERNARDINO ALTHORIZI~G THE EXECUTION OF A MEMOR"-~DUM 0
AGREEMENT BETWEEl'I THE COUNTY OF SAN BER'\'ARDINO AND THE SA"
BERNARDINO POLICE DEPARDIENT FOR USE OF THE CHILDREN'
ASSESSMEl'IT CE:\"TER.
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I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
Common Council of the City of San Bernardino at a
meeting thereof, hel
,2007, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
Rachel G. Clark, City Clerk
The forgoing Resolution is hereby approved this _ day of
,2007.
"';J
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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BCL:S: CouncilChildren's A,ssessmenl Center RESO 6.13.0-doc
Exhibit A
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MEMORANDUM OF UNDERSTANDING
between
County of San Bernardino
and
San Bernardino Police Department
for
Use of Children's Assessment Center
March 1, 2007
WHEREAS, there exists a need for additional medical and forensic services to examine and diagnose children of
suspected child abuse; and
eHEREAS, the County of San Bernardino, Lorna Linda University Medical Center and Lorna Linda University
Pediatric Medical Group, Inc. have entered into a contractual public-private endeavor to provide these services at
the jointly operated Children's Assessment Center; and
WHEREAS, because of the above-referenced public-private endeavor, the County of San Bernardino 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 at minimal
cost;
NOW THEREFORE, the County of San Bernardino, hereinafter called County and local law enforcement agencies
and other child protecting agencies, hereinafter referred to as Agency, mutually agree to the following terms and
conditions:
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I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
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TABLE OF CONTENTS
DEFINITIONS .................................................................................................... ...... ........................... 3
SERVICES TO BE PERFORMED ......................................................................................................3
OBLIGATIONS OF AGENCY .............................................................................................................4
INVOICE AND PAYMENT PROCEDURES ........................................................................................4
INDEMNIFICATION AND INSURANCE ..................................................................................................4
TERM .......................................................................................................................................................5
EARLY TERMINATION ...........................................................................................................................5
GENERAL PROVISIONS ........................................................................................................................5
CONCLUSION .......................................................;................................................................................. 7
Page 2 of 7
I. DEFINITIONS
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A.
Aqencv - 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 Pediatric Medical Group, Inc. - Referred to as Pediatrics, which 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:
1. A medical history, physical examination, and if medically appropriate, an in-depth
examination of the genitalia using a coloposcope. The medical examination shall comply
with the California Medical Protocol for Examination of Sexual Assault and Child Abuse
Victims.
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2.
All laboratory tests reasonably necessary for the child abuse diagnosis and ordered by the
physician not to exceed total laboratory costs of five hundred dollars ($500) per patient.
Any laboratory tests estimated above this cost shall be borne by the Agency which shall be
given advance notice of the tests recommended by the physician and an opportunity to
refuse such authorization and costs.
a. It is understood and agreed that laboratory tests will be conducted by Lorna Linda
University Medical Center or other laboratory selected by the County.
B. The Center shall provide the Agency an original copy of the completed OCJP 925 Form (Medical
Report-Suspected Child Sexual Abuse), or other 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. The County shall provide two 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 non-medical Director and will coordinate with the Medical
Director on individual cases.
1. The SSP conducting an interview with a child shall prepare a report summarizing the
interview. A copy of this report shall be provided to the Agency.
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2.
Prior to conducting the forensic interview, the SSP will review all records relative to the child
which have been provided to the Center and will consult with the authorized individual from
the Agency as to the content and purpose of the interview.
E. The County shall provide the non-medical Director of the Center who is responsible for the non-
medical administrative and forensic direction of the Center.
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III. OBLIGATIONS OF AGENCY
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A.
The Agency shall pay to the County the sum of five hundred ($500) as an annual membership fee,
which entitles them to services rendered at a reduced rate and usage of the Center.
B The Agency shall pay to the County the sum of fifty dollars ($50) for each medical examination
and/or forensic interview service.
1. The Agency shall pay the full amount even if the request is only one service, medical
examination or forensic interview.
2. The Agency 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
County shall submit an invoice to the Agency for the annual membership fee in June. The Agency shall
pay the membership fee within forty-five (45) days of receiving the invoice. The Agency shall not be
eligible to utilize the Center's services until payment of the membership fees are received.
B. SERVICE FEES
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Upon completion of the medical examination and/or forensic interview, County shall submit an invoice to
the Associate Agency within thirty (30) days of the date services are rendered. Payment to the County for
services rendered are due within forty-five (45) days of receiving the invoice.
C. BILLING AND PAYMENT ADDRESSES
1. The Agency's designated person and address for billing purposes shall be:
Supervisor Specialized Crimes Unit
710 North "D" Street
San Bernardino, CA 92401
2. The County's designated person and address for billing purposes shall be:
San Bernardino County Human Services
Administrative Support Division - Finance Unit
Attn: Carolyn Gray
150 S. Lena Road
San Bernardino, CA 92415-0515
/. 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 arising 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.
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VI.
B. INSURANCE
Each party to this agreement is a public entity and is legally self-insured under the laws of the State of
California.
TERM
This Memorandum of Understanding (MOU) is effective as of 3-01-2007 and expires 2-28-2010, but may be
tenninated earlier in accordance with provisions of Section VII of this MOU.
VII. EARLY TERMINATION
This MOU may be tenninated without cause upon thirty (30) days written notice by either party. The County's
Department of Children's Services Director is authorized to exercise rights with respect to any tennination of
this MOU. The Agency's Director, or his/her appointed designee, has authority to tenninate this MOU on
behalf of the Agency.
VIII. GENERAL PROVISIONS
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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.
Agency: San Bernardino Police Department
710 North "D" Street
San Bernardino, CA 92401
County: County of San Bernardino
Human Services
Attn: Contracts Unit
150 S. Lena Road
San Bernardino, CA 92415-0515
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 Party have the right, power
or authority to create an obligation or duty, expressed or implied, on behalf of the other Party
hereto. .
C. Agency 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 the County in an attempt to secure favorable treatment
regarding this MOU.
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The County, 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 the County 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.
Agency shall immediately report any attempt by a County officer, employee or agent to solicit
(either directly or through an intermediary) improper consideration from Agency. The report shall
be made to the supervisor or manager charged with supervision of the employee or to the County
Administrative Office. In the event of a termination under this provision, the County is entitled to
pursue any available legal remedies.
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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 Parties. No course of dealing and no
delay or failure of a Party in exercising any right under the MOU shall affect any other or future
exercise of that right or any exercise of any other right. A Party 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 parties as an amendment to this MOU. No
oral understanding or agreement not incorporated herein shall be binding on any of the Parties
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 Parties 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 Bemardino, for any and all disputes arising under this MOU, to the exclusion of all
other federal and state courts.
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H
Without the prior written consent of the Assistant County Administrator for Human Services, this MOU
is not assignable by Agency either in whole or in part.
I. Agency 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 Agency 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, Agency and County 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. Agency and County shall comply with all Federal, State and local laws and regulations and
requirements, including the County's regulations and directives pertinent to its operation of the
Center.
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XI. CONCLUSION
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A.
This MOU, consisting of seven (7) pages, is the full and complete document describing services to
be rendered by County to Agency 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.
COUNTY OF SAN BERNARDINO
HUMAN SERVICES
DEPARTMENT OF CHILDREN'S SERVICES
SAN BERNARDINO POLICE DEPARTMENT
Name: DeAnna Avey-Motikeit
Title: Director
Address: 150 S. Lena Rd.
San Bernardino, CA
Name: Fred Wilson
Title: Manager, City of San Bernardino
Address: 300 North "D" Street
San Bernardino, CA 92418
Date:
Date:
APPROVED AS TO FORM:
James F. Penman,
City Attorney
By: L 7-t~
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