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HomeMy WebLinkAboutMutual Aid Agreement SFPD-SLOPD St. Fratty's Day Event Memorandum of Understanding By and between the City of San Luis Obispo and the City and County of San Francisco for Supplemental Law Enforcement Services “St. Fratty’s Day” 2025 This Memorandum of Understanding (“MOU”) is made and entered into March 10, 2025, by and between the City of San Luis Obispo (“SLO”), acting through the San Luis Obispo Police Department (“SLOPD”), and the City and County of San Francisco (“SF”), acting through the San Francisco Police Department (“SFPD”). In connection with St. Patrick’s Day, an event that occurs on March 17 each year, the City of San Luis Obispo experiences large celebration activities on, before, and around St. Patrick’s Day that result in large numbers of individuals celebrating in public places, particularly including the downtown and certain neighborhood areas of SLO near the campus of California Polytechnic State University, San Luis Obispo (“Cal Poly”), a public university with a student population of approximately 22,000 that is immediately adjacent to the City of San Luis Obispo. The number of individuals participating in celebrations in SLO related to St. Patrick’s Day has been in the thousands in recent years and the impacts of unlawful and adverse behaviors that create significant public safety issues and concerns have steadily increased over the past few years. Specifically, SLOPD is seeking assistance with an event known locally as “St Fratty’s Day” which is an unsanctioned street party. This event has seen significant increase in attendance in recent years and is currently set to occur on March 15th, 2025. The operational period will begin on March 15th at 0200 hours and likely continue through to about 1200 hours the same day, to be adjusted as needed, depending on circumstances. To maintain public health, safety, and welfare, including maintaining access to and through public streets and rights of way, and to address increased unlawful and adverse behaviors that occur during celebrations in SLO associated with St. Fratty’s Day, SLOPD fully deploys available officers, dispatchers, and other resources to be prepared for and respond to increased unlawful and adverse activity during these celebrations. The increases over the past few years of the number of individuals participating in these celebrations, the increased magnitude of the celebrations, and the increased levels of unlawful and adverse behaviors associated with the celebrations, have resulted in SLOPD requesting mutual aid assistance from other law enforcement agencies to provide adequate staffing to maintain public health, safety and welfare during these celebrations associated with St. Fratty’s Day. The goal of this MOU is to facilitate collaboration between SLOPD and SFPD for delivery of law enforcement services securing public safety and continuity of operations within the City of San Luis Obispo. This includes, but is not limited to, maintaining a robust law enforcement presence, preserving the public peace, preventing and detecting crime, protecting the rights of persons, and facilitating access to public streets and rights of way, through the laws of the United States, the State of California, and the City of San Luis Obispo. The MOU memorializes the agreement between SLOPD and the SFPD to provide law enforcement services in connection with celebration activities related to St. Fratty’s Day in the City of San Luis Obispo. Docusign Envelope ID: 23651561-C287-4FD1-8E0D-119F8F6A182F San Francisco Police Department responsibilities: Provide personnel from the SFPD “Honda Unit” and other personnel and resources as agreed upon between SLOPD and SFPD. Provide/make allowance for one or more members of SFPD, as designated by SFPD, to join the event operations command center located at the SLOPD or other facility as designated by SLOPD. SLOPD will coordinate with SFPD to arrange space for personnel and equipment at the designated location or locations. SFPD areas of deployment will be as coordinated with SLOPD, depending on the circumstances of a particular event or activity. SLOPD must obtain SFPD’s agreement on any areas of deployment. SFPD will, at all times, remain under their own internal chain of command while on post at their assigned deployments. Unified command between SLOPD and SFPD will be coordinated by the highest-ranking member of each organization on site. When requested by SLOPD, SFPD will assist with activities or events occurring during celebrations other activities related to St. Patrick’s Day, including, but not limited to, traffic management, preventing obstruction of public and private roadways, enforcing laws and preventing crimes and threats to public safety, and preventing disruptions and/or access to public services. SFPD will adhere to their own department policies and procedures and will follow their own chain of command. San Luis Obispo Police Department responsibilities: SLOPD agrees to communicate with the highest-ranking member of SFPD in all matters. SLO will provide members of SFPD who are deployed to assist SLOPD with celebrations and activities related to St. Fratty’s Day: 1. Per diem for meals at the rates of thirty dollars ($30) for dinner, fifteen dollars ($15) for lunch, and fifteen dollars ($15) for breakfast. 2. Reimbursement for mileage at the IRS mileage reimbursement rate in effect at the time of travel. 3. Hotel accommodations to SFPD members who are deployed to assist SLOPD with activities related to St. Fratty’s Day through the duration of their deployment. This transaction will be handled directly by SLO and the hotel provider. SLOPD will not be responsible for any other costs or additional equipment to SFPD. General Terms Relationship of the Parties: It is understood and agreed that the SLOPD and the SFPD are separate and independent entities, and that no relationship of employer-employee exists between them, and that neither entity is a representative of nor an agent of the other entity. The personnel of each agency shall be, and shall at all times remain, employees only of their respective agency in the performance of services related to this MOU and shall not be deemed to be employees or agents of the other agency for any purpose. Each agency shall be solely responsible for the acts and omissions of its officers, employees, and agents. Third Party Beneficiaries Docusign Envelope ID: 23651561-C287-4FD1-8E0D-119F8F6A182F This MOU shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any purpose. Standard of Care: This MOU in not intended to and shall not be construed to impose any standard of care or conduct with respect to law enforcement services, emergency services, or other services beyond or different from the standard of care otherwise imposed by law. Indemnification and Hold Harmless: The City of San Luis Obispo shall indemnify and hold SFPD, the City of San Francisco, and each of their officers, employees and agents, free and harmless from and against any and all liability, loss, expense, attorney’s fees, or claims for injury or damages, arising out of the performance of activities or failure to perform activities related to this MOU by officers, employees or agents of SLOPD and/or the City of San Luis Obispo, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of SLOPD and/or the City of San Luis Obispo, their officers, agents, or employees. The City of San Francisco shall indemnify and hold the SLOPD, the City of San Luis Obispo, and each of their officers, employees and agents, free and harmless from and against any and all liability, loss, expense, attorney’s fees, or claims for injury or damages, arising out of the performance of activities or failure to perform activities related to this MOU, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the SFPD and/or the City of San Francisco, their officers, agents, or employees. In the event of concurrent negligence of SFPD, SF, and their officers, employees and agents, and SLOPD, SLO and their officers, employees and agents, the liability for any and all claims for injuries or damages to persons and/or property shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter be modified. Modifications: This MOU shall not be modified or amended without the written consent of both parties. Any modifications or amendments to this MOU shall be in writing and signed by authorized representatives of both SFPD and SLOPD and shall become effective on the date of the last signature. Governing Law and Venue: This MOU shall be governed exclusively the provisions hereof and by the laws of the State of California. Venue for all litigation relative to the formation, interpretation, and performance of this MOU shall be in San Francisco, California. Effective Dates: This MOU is effective as of the date first entered above and shall remain in effect until March 31, 2025, unless otherwise extended in writing by the parties. After March 31, 2025, this MOU is null, void, inoperative and of no legal effect except with respect to the general terms and conditions which shall survive termination of this MOU. IN WITNESS WHEREOF, the parties have executed this MOU as follows: CITY OF SAN LUIS OBISPO Docusign Envelope ID: 23651561-C287-4FD1-8E0D-119F8F6A182F By: ________________________________ Rick Scott, Chief of Police Approved as to form: ___________________________________ J. Christine Dietrick, City Attorney CITY OF SAN FRANCISCO By: _______________________________ William Scott, Chief of Police Approved as to form: __________________________________ Jen Huber, Deputy City Attorney Docusign Envelope ID: 23651561-C287-4FD1-8E0D-119F8F6A182F