20061212_mou1

MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNTY OF SAN MATEO AND
THE NORTHERN CALIFORNIA HIGH INTENSITY
DRUG TRAFFICKING AREA

THIS MEMORANDUM OF UNDERSTANDING (hereinafter called “MOU”), entered into this ____ day of , 2006, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and the NORTHERN CALIFORNIA HIGH INTENSITY DRUG TRAFFICKING AREA hereinafter called "NC HIDTA";

W I T N E S S E T H:

WHEREAS, NC HIDTA administers federal and state funding to implement a variety of narcotics eradication initiatives; and

WHEREAS, the NC HIDTA is managed by an Executive Committee, which has designated the San Mateo County Sheriff’s Office to serve as the fiduciary and fiscal agent for NC HIDTA; and

WHEREAS, in that capacity the Sheriff enters into contracts and conducts fiscal transactions on behalf of HIDTA, and has been authorized by the Board of Supervisors to sign HIDTA contracts to which the County is a party; and

WHEREAS, HIDTA has no full time employees, and is staffed by a combination of independent contractors and employees of member law enforcement agencies, which employees are assigned to NC HIDTA; and

WHEREAS, the County has agreed to assign several Sheriff’s Office employees to work at HIDTA, including an Unclassified Sheriff’s Captain to serve as the Executive Director of the NC HIDTA; and

WHEREAS, the parties now wish to specify the employees that the County is assigning to HIDTA and the services the County is providing to the HIDTA, and the transfer of funds that the HIDTA is authorizing the County to make on its behalf to pay for those services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS CONTAINED HEREIN, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1.

EXHIBIT.

Exhibit A, describing the services the County provides to NC HIDTA and NC HIDTA’s payment to County for said services is attached hereto and incorporated by reference herein.

2.

SERVICES TO BE PERFORMED BY COUNTY.

In consideration of the payments set forth herein, County shall assign employees and provide services to work at and for NC HIDTA at the NC HIDTA Office in San Francisco, as set forth herein and in Exhibit A. All County employees assigned to HIDTA shall be subject to the policies and procedures of the County of San Mateo and the San Mateo County Sheriff.

3.

PAYMENTS TO BE MADE/AUTHORIZED BY NC HIDTA.

In consideration of the services provided by County in accordance with Exhibit A, HIDTA shall make payment to, or shall authorize the County, in its capacity as fiscal officer and fiduciary for HIDTA, to make payment to County based on the rates set forth in Exhibit A. Payment shall be made by the Sheriff’s designee’s transfer of funds from HIDTA to the County, according to procedures approved by the County Controller.

The projected total amount of funds reimbursed to County from HIDTA for the term of this agreement is $1,391,778 ($1,005,503 for salaries and benefits, $320,000 for County Service Charges, and $66,275 for unforeseen contingencies).

4.

TERM AND TERMINATION.

The term of this Agreement shall be from January 1, 2006 through December 31, 2007. This Agreement may be extended by a written amendment approved and signed by the parties.

This Agreement may be terminated by either HIDTA, the Sheriff or Sheriff’s designee without a requirement of good cause upon thirty (30) days’ written notice to the other party. This MOU is contingent on the federal government’s appropriation and award of NC HIDTA funds.

Either party may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

5.

HOLD HARMLESS.

In the event any claims of lawsuits arise out of the terms and conditions of this Agreement, HIDTA funding shall be used to defend, hold harmless and indemnify the HIDTA, the County of San Mateo and its officers, agents and employees from any and all liability related to this agreement. This section shall include, without limitation, any actions, claims, suits, demands, and liability of every name, kind, and description brought for, or on account of injuries to or death of any person, or damage to property of any kind whatsoever and to whomsoever belonging.

6.

NON-ASSIGNABILITY.

Neither party may assign the benefits nor delegate the duties set forth in this Agreement.

7.

INSURANCE.

Both parties shall maintain sufficient insurance, self-insurance or a combination thereof to comply with the following requirements, and, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing, to the Sheriff’s Office and County of any pending change in the limits of liability or of any cancellation or modification of the policy. In the event of double coverage for the same type of claim, HIDTA insurance shall be primary and the County’s shall be secondary.

A.

Worker's Compensation and Employer's Liability Insurance. Both parties shall have in effect during the entire life of this Agreement Worker’s Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement, parties certify, as required by Section 1861 of the California Labor Code, that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and parties will comply with such provisions before commencing the performance of the work of this Agreement.

B.

Liability Insurance. HIDTA and County shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from HIDTA’s and County’s operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance may include a combination of insurance and self-insurance, and shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified on the following page.

Such insurance shall include:

1.

Comprehensive General Liability

$5,000,000

2.

Motor Vehicle Liability Insurance

$5,000,000

8.

NON-DISCRIMINATION.

No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement.

HIDTA and County shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement.

9.

RETENTION OF RECORDS.

Each party agrees to provide to the other party, to any federal or state department having monitoring or reviewing authority, to County’s or HIDTA’s authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.

HIDTA and County shall maintain and preserve all financial records relating to this Agreement for a period of four (4) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater.

10.

MERGER CLAUSE.

This Agreement, including the Exhibit hereto constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.

11.

CONTROLLING LAW.

The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.

12.

COMPLIANCE WITH ALL LAWS.

All services to be performed pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, and all Federal regulations promulgated thereunder, as amended. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement.

13.

NOTICES

Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, and addressed to:

In the case of County, to:

San Mateo County Sheriff's Office

ATTN: Sheriff

400 County Center

Redwood City, CA 94061

In the case of Contractor, to:

Northern California HIDTA

Chairperson, Executive Committee

450 Golden Gate Ave., 14th Floor
San Francisco, CA 94102


IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

			COUNTY OF SAN MATEO A Political Subdivision of the State of California

			By:
				PRESIDENT, BOARD OF SUPERVISORS

Date:

ATTEST:

By:
	CLERK OF SAID BOARD



			NORTHERN CALIFORNIA HIDTA


		By:
				CHAIRPERSON, EXECUTIVE COMMITTEE

				PRINTED NAME

Date:


EXHIBIT A
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN MATEO AND THE NORTHERN CALIFORNIA HIGH INTENSITY DRUG TRAFFICKING AREA

1. COUNTY POSITIONS ASSIGNED TO NC HIDTA.
A.		The County shall assign to NC HIDTA County employees to serve in the following positions, and NC HIDTA shall reimburse County for the salaries, benefits and expenses of said employees as specified below. The employees assigned to the positions will be subject to the mutual agreement of the Sheriff or the Sheriff’s designee and the NC HIDTA Board or the Board’s designee. In consideration of County’s assignment of its employees to serve the NC HIDTA, NC HIDTA will reimburse County quarterly for any and all costs, including but not limited to salary, benefits and expenses as follows:
1)			County agrees to assign an Unclassified Sheriff’s Captain to serve as the Executive Director of the NC HIDTA. The Executive Director will supervise, specify the job duties of, and evaluate the other County employees assigned to work at NC HIDTA.
a)					For the period of January 1, 2006 to December 31, 2006 - NC HIDTA’s reimbursement for the services of the Executive Director shall not exceed ONE HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS ($166,833). County will be responsible for any salary and benefits costs in excess of $166,833 that is incurred in connection with Executive Director’s employment.
b)					For the period of January 1, 2007 to December 31, 2007 - NC HIDTA’s reimbursement for the services of the Executive Director shall be prorated on the basis that the Executive Director’s compensation shall not exceed ONE HUNDRED SEVENTY-THREE THOUSAND DOLLARS ($173,000). County will be responsible for any salary and benefits costs in excess of $173,000 that is incurred by the Executive Director.
c)					Travel.
					Consistent with provision of necessary federal funding and the NC HIDTA budget initiative, the cost of the Executive Director’s travel (including cost of leasing a vehicle, but excluding liability insurance for the use of the vehicle), per diem, training, and NC HIDTA-related expenses incurred by the Executive Director in the performance of his NC HIDTA duties, will be paid by NC HIDTA, and County will not incur any liability for these expenses.
d)					Benefits.
					The Executive Director will remain an employee of County and although NC HIDTA will reimburse County for these costs, subject to the limitations set forth in subparagraphs a) and b), above, County will be responsible for providing the Executive Director’s employment benefits, including health insurance, retirement contributions, workers’ compensation insurance, and automobile insurance.
e)					Pursuant to Section XI: Fiscal Guidelines, 11.06 Restricted Expenditures (a) of the NC HIDTA’s Standard Operations Manual, NC HIDTA Executive Director Compensation of the NC HIDTA Program Policy and Budget Guidance, compensation for the NC HIDTA Executive Director must be budgeted in the Management and Administration Initiative and must conform to the federal pay level GS-15, step 5 (to include locality adjustments) with the addition of 30% for fringe benefits.
2)			One (1) Senior Accountant/Financial Manager with a full monthly projected salary reimbursement totaling $7,919.06.
3)			One Intelligence Analyst with a full monthly projected salary reimbursement totaling $7,511.46.
4)			Two Intelligence Analysts each with a full monthly projected salary reimbursement totaling $6,197.86.
5)			One Intelligence Analyst with a full monthly projected salary reimbursement totaling $6,107.86.
B.		For FY 2007-08, salary and benefits rates for the positions listed items 2 through 5 above will be increased by a percentage equivalent to the negotiated percentage increase in salaries and benefits for County employees in these classifications.

2. COUNTY SERVICES PROVIDED TO NC HIDTA.
A.		Services provided to NC HIDTA by County along with County reimbursable yearly fees are specified below.
1)			Fiscal Annual Fee:
				Administration		$	97,000.00
				Uniform Allowance (Executive Director)		$	825.00
				Workers’ Compensation		$	29,988.00
2)			County Service Charges:
				Telephone Service Charge		$	12,661.97
				Information Services Department		$	9,202.66
				Motor Vehicle Mileage		$	2,987.00
				Auto Liability Insurance		$	2,730.00
				General Liability Insurance		$	2,543.03
				Official Bond Insurance		$	168.97
3)			Services provided as needed and billed monthly according to hourly rates:
				Purchasing Agent Services		$	50.00/hr.
				Legal Services to be provided by the San Mateo County Counsel		$	175.00/hr.

B.	In its capacity as fiscal agent and fiduciary for NC HIDTA, County of San Mateo shall enter into purchasing and service contracts on behalf of NC HIDTA, as deemed necessary by the HIDTA Board. Except as specifically authorized by the Board of Supervisors, said contracts shall be subject to all policies and procedures that apply to contracts entered into by the County of San Mateo.

L:\CLIENT\S_DEPTS\SHERIFF\HIDTA and RTTAC\HIDTA MOU.doc


MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SAN MATEO AND THE NORTHERN CALIFORNIA HIGH INTENSITY DRUG TRAFFICKING AREA
THIS MEMORANDUM OF UNDERSTANDING (hereinafter called “MOU”), entered into this ____ day of , 2006, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and the NORTHERN CALIFORNIA HIGH INTENSITY DRUG TRAFFICKING AREA hereinafter called "NC HIDTA";
W I T N E S S E T H:
WHEREAS, NC HIDTA administers federal and state funding to implement a variety of narcotics eradication initiatives; and
WHEREAS, the NC HIDTA is managed by an Executive Committee, which has designated the San Mateo County Sheriff’s Office to serve as the fiduciary and fiscal agent for NC HIDTA; and
WHEREAS, in that capacity the Sheriff enters into contracts and conducts fiscal transactions on behalf of HIDTA, and has been authorized by the Board of Supervisors to sign HIDTA contracts to which the County is a party; and
WHEREAS, HIDTA has no full time employees, and is staffed by a combination of independent contractors and employees of member law enforcement agencies, which employees are assigned to NC HIDTA; and
WHEREAS, the County has agreed to assign several Sheriff’s Office employees to work at HIDTA, including an Unclassified Sheriff’s Captain to serve as the Executive Director of the NC HIDTA; and
WHEREAS, the parties now wish to specify the employees that the County is assigning to HIDTA and the services the County is providing to the HIDTA, and the transfer of funds that the HIDTA is authorizing the County to make on its behalf to pay for those services.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS CONTAINED HEREIN, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1.		EXHIBIT.
Exhibit A, describing the services the County provides to NC HIDTA and NC HIDTA’s payment to County for said services is attached hereto and incorporated by reference herein.

2.		SERVICES TO BE PERFORMED BY COUNTY.
In consideration of the payments set forth herein, County shall assign employees and provide services to work at and for NC HIDTA at the NC HIDTA Office in San Francisco, as set forth herein and in Exhibit A. All County employees assigned to HIDTA shall be subject to the policies and procedures of the County of San Mateo and the San Mateo County Sheriff.
3.		PAYMENTS TO BE MADE/AUTHORIZED BY NC HIDTA.
In consideration of the services provided by County in accordance with Exhibit A, HIDTA shall make payment to, or shall authorize the County, in its capacity as fiscal officer and fiduciary for HIDTA, to make payment to County based on the rates set forth in Exhibit A. Payment shall be made by the Sheriff’s designee’s transfer of funds from HIDTA to the County, according to procedures approved by the County Controller. The projected total amount of funds reimbursed to County from HIDTA for the term of this agreement is $1,391,778 ($1,005,503 for salaries and benefits, $320,000 for County Service Charges, and $66,275 for unforeseen contingencies).

4.			TERM AND TERMINATION.
The term of this Agreement shall be from January 1, 2006 through December 31, 2007. This Agreement may be extended by a written amendment approved and signed by the parties. This Agreement may be terminated by either HIDTA, the Sheriff or Sheriff’s designee without a requirement of good cause upon thirty (30) days’ written notice to the other party. This MOU is contingent on the federal government’s appropriation and award of NC HIDTA funds. Either party may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

5.		HOLD HARMLESS.
In the event any claims of lawsuits arise out of the terms and conditions of this Agreement, HIDTA funding shall be used to defend, hold harmless and indemnify the HIDTA, the County of San Mateo and its officers, agents and employees from any and all liability related to this agreement. This section shall include, without limitation, any actions, claims, suits, demands, and liability of every name, kind, and description brought for, or on account of injuries to or death of any person, or damage to property of any kind whatsoever and to whomsoever belonging.

6.		NON-ASSIGNABILITY.
Neither party may assign the benefits nor delegate the duties set forth in this Agreement.

7.		INSURANCE.
Both parties shall maintain sufficient insurance, self-insurance or a combination thereof to comply with the following requirements, and, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing, to the Sheriff’s Office and County of any pending change in the limits of liability or of any cancellation or modification of the policy. In the event of double coverage for the same type of claim, HIDTA insurance shall be primary and the County’s shall be secondary.
A.				Worker's Compensation and Employer's Liability Insurance. Both parties shall have in effect during the entire life of this Agreement Worker’s Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement, parties certify, as required by Section 1861 of the California Labor Code, that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and parties will comply with such provisions before commencing the performance of the work of this Agreement.
B.				Liability Insurance. HIDTA and County shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from HIDTA’s and County’s operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance may include a combination of insurance and self-insurance, and shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified on the following page.
				Such insurance shall include:
				1.	Comprehensive General Liability		$5,000,000
				2.	Motor Vehicle Liability Insurance		$5,000,000

8.	NON-DISCRIMINATION.
No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement. HIDTA and County shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement.

9.		RETENTION OF RECORDS.
Each party agrees to provide to the other party, to any federal or state department having monitoring or reviewing authority, to County’s or HIDTA’s authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed. HIDTA and County shall maintain and preserve all financial records relating to this Agreement for a period of four (4) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater.

10.		MERGER CLAUSE.
This Agreement, including the Exhibit hereto constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.

11.		CONTROLLING LAW.
The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.

12.		COMPLIANCE WITH ALL LAWS.
All services to be performed pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, and all Federal regulations promulgated thereunder, as amended. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement.

13.		NOTICES
Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, and addressed to:
		In the case of County, to: San Mateo County Sheriff's Office ATTN: Sheriff 400 County Center Redwood City, CA 94061				In the case of Contractor, to: Northern California HIDTA Chairperson, Executive Committee 450 Golden Gate Ave., 14th Floor San Francisco, CA 94102