City of Piedmont
COUNCIL AGENDA REPORT
DATE: March 17, 2025
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of Approval of a Memorandum of Understanding with Alameda County Sheriff’s Office for Handling Critical Incidents
RECOMMENDATION
Approve the attached Memorandum of Understanding (MOU) between the City of Piedmont and the Alameda County Sheriff’s Office (ACSO) for Handling Critical Incidents.
BACKGROUND
The City of Piedmont has maintained a multi-year memorandum of understanding (MOU) for the ACSO to provide response services for critical incidents within the City of Piedmont. These services are provided on an as-needed basis. The most current MOU expired on December 31, 2024.
The Police Department engaged the ACSO to enter into a new MOU as the prior agreement was the second and final amendment. The MOU for critical incidents will be for a term of five years from the date of execution.
The critical incident MOU includes provisions for the ACSO to investigate officer involved shootings and in-custody deaths which occur in the City of Piedmont. Officer-involved shootings and in-custody deaths are typically investigated by investigators of the jurisdiction within which the event occurred and by investigators with the local District Attorney’s office. Given the small size of the Piedmont Police Department, the resources for conducting such investigations are limited and could be further impacted if the investigators responsible for conducting such investigations are the involved officers. The criminal investigation of an involved officer’s actions in an officer-involved shooting or in-custody death conducted by the ACSO provides for an independent investigation which leverages the Office’s expertise, experience, and resources.
In 2016, the U.S. Department of Justice, Community Oriented Policing Services Office and International Association of Chiefs of Police produced a resource entitled, “Officer-Involved Shootings: A Guide for Law Enforcement Leaders.” The document specifically addresses the DOJ’s recommendation for the addition of external investigative services for officer involved shootings and in-custody deaths.
“To ensure thorough, complete, and unbiased investigations, small agencies may benefit from partnerships with larger agencies, including, as appropriate, sheriffs’ departments, state police, and state criminal investigative agencies. Agencies can formalize these partnerships through memoranda of understanding that outline the ways in which the agencies will work together and share resources. These partnerships are consistent with the findings of the Presidents’ Task Force on 21st Century Policing (the Task Force), which recommends the use of outside investigative agencies “in cases of police use of force resulting in injury or death, or in-custody deaths.”
FISCAL IMPACT
The MOU for critical incident response services establishes the City of Piedmont agrees to provide the ACSO with financial reimbursement for the actual costs, additional costs, and indirect costs of services rendered.
The attached MOU has been reviewed by the City Attorney as to form and legality.
ATTACHMENTS:
A. Memorandum of Understanding Between Alameda County Sheriff’s Office and the City of Piedmont Police Department for Handling Critical Incidents By: Jeremy Bowers, Chief of Police
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE ALAMEDA COUNTY SHERIFF’S OFFICE AND
THE CITY OF PIEDMONT POLICE DEPARTMENT
FOR HANDLING CRITICALINCIDENTS
I. PURPOSE AND SCOPE
The City of Piedmont (“PIEDMONT”) and the Alameda County Sheriff’s Office (“ACSO”) (collectively, the "Parties"), hereby enter into a Memorandum of Understanding ("MOU") for the purpose of establishing the Parties’ respective responsibilities in the event a critical incident occurs within PIEDMONT. PIEDMONT may call on ACSO to assist PIEDMONT’s Police Department through the use of the ACSO's Explosive Ordinance Disposal Unit (“EOD”), Special Response Unit (“SRU”) and/or Crisis Intervention Unit (“CIU”) in the manner described herein. ACSO shall additionally conduct investigations of officer-involved shootings and in-custody deaths within PIEDMONT.
II. TERM OF AGREEMENT
This MOU shall commence upon the Parties’ execution of this agreement, and shall expire five years from the date of execution of this agreement.
This MOU may be modified at any time with the mutual, written consent of the Parties.
This MOU may be terminated by either Party at its sole discretion upon thirty (30) days’ advance written notice. A termination, however, shall not affect any monies owed to ACSO for any services performed under this MOU by PIEDMONT’S request. Upon PIEDMONT’S submission of a termination notice, PIEDMONT shall pay ACSO all costs for services performed up until the time of termination and reasonable costs directly related to the close out services to PIEDMONT as set out and/or described herein.
III. DESCRIPTION OF RESPONSIBILITIES
A. CRITICAL INCIDENT DEFINED
ASCO shall respond to critical incidents as requested by PIEDMONT. Critical incidents encompass any exigent or unanticipated life-threatening circumstances, where the utilization of specially trained units and equipment are required, and shall include, but shall not be limited to, the following:
1. Identify, render safe, and remove suspected improvised explosive devices, explosive contraband, incendiary devices, hazardous materials, or explosive chemicals.
2. Situations where special negotiation skills become necessary to reach a peaceful and safe resolution.
3. Barricaded suspects.
4. Confirmed high risk warrant service.
5. Hostage rescue operations.
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6. Protective operations - VIP/Witness.
7. Chemical agent deployment.
8. Inner perimeter containment.
9. Counter-sniper operations.
10. Investigation of officer-involved shootings within PIEDMONT.
11. Investigation of in-custody deaths within PIEDMONT.
B. INCIDENT COMMANDER
For any incident where PIEDMONT requests the assistance of the ASCO, PIEDMONT shall assign a member of the PIEDMONT Police Department to serve as the Incident Commander, who is responsible for overall command of the entire operation, including all tactical and support resources at the incident site.
C. TACTICAL COMMANDER
For any incident where PIEDMONT requests the assistance of the ASCO, ASCO shall assign a member of the ASCO to serve as the Tactical Commander. For services where the EOD unit is required, the Tactical Commander role will be assigned to the highestranking EOD Team member on scene. For incidents involving the SRU and/or CIU, or all three Units, an ACSO management team member of lieutenant rank or higher will serve as the Tactical Commander.
D. PROCEDURE
In order to request the services of the ASCO for a critical incident, the Chief of Police of the PIEDMONT Police Department, or his/her designee, will contact ACSO’s Dispatch to request response to a critical incident in PIEDMONT. Dispatch will follow ASCO’s standard procedures for authorizing specialized units to respond to the critical incident.
ASCO will inform PIEDMONT, in a timely manner, whether it can respond to the critical incident per the terms of this MOU.
E. COMMAND RESPONSIBILITY
1. The PIEDMONT Police Department Incident Commander will be responsible for the overall management of the incident and his/her responsibilities will include:
a. All on-scene activities;
b. Minute-to-minute decisions;
c. Establishing a command post site;
d. Media relations (upon consultation and approval by ACSO for events concerning ACSO deputies or officers); and
e. Agency liaison.
2. The Tactical Commander will be responsible for implementing specific tactical operations as directed by the PIEDMONT Police Department Agenda Report Page 4 of 10
Incident Commander.
3. The Tactical Commander will establish the necessary tactical command post(s). The Tactical Commander will maintain contact with the PIEDMONT Police Department Incident Commander.
4. After being briefed on the situation the Tactical Commander will formulate a full tactical plan including all appropriate contingency plans.
5. The Tactical Commander will not execute any part of any tactical plan without express authorization from the PIEDMONT Police Department Incident Commander, except in exigent circumstances when it is not possible or feasible to contact the Incident Commander.
6. ACSO personnel may detain/arrest suspects involved in serious misdemeanor or felony offenses under this MOU. PIEDMONT will remain the primary law enforcement agency that retains jurisdiction. PIEDMONT will be in command of the operations described herein, and only PIEDMONT has the power to enforce and investigate serious misdemeanor crimes and felonies, including all Part I violent crimes as defined by the FBI Uniform Crime Report. ACSO’s personnel will provide support to PIEDMONT Police at crime scenes, as needed, directed, or requested by PIEDMONT.
7. ACSO 's personnel, deputies, and supervisors assigned to aid PIEDMONT will remain employees of ACSO; however, nothing in this section or MOU shall limit the subrogation or indemnification rights of the County. ACSO assigned personnel will operate under the rules, regulations and written directives of the Alameda County Sheriff’s Office, yet recognize that the ultimate command of the services described herein rests with PIEDMONT.
ACSO deputies and supervisors assigned to work for PIEDMONT will report through their chain of command structure and operate within those parameters. ACSO has the sole authority and responsibility to conduct investigations into accusations of wrongdoing or misconduct by ACSO personnel, in accordance with the ACSO policies, rules, and procedures, and to take appropriate disciplinary action against its employees.
F. OFFICER-INVOLVED SHOOTINGS/ IN-CUSTODY DEATHS
Upon PIEDMONT’s request, ACSO shall conduct investigations of officer-involved shootings, as well as investigations of in-custody deaths in PIEDMONT pertaining to criminal investigations of the involved officer(s) actions. The Chief of Police of the PIEDMONT Police Department, or his/her designee, shall liaise with ACSO and shall provide all assistance necessary toward the investigation including, but not limited to, providing dispatch, body worn camera footage, reports, and witnesses available to ACSO.
ASCO shall be responsible for preparing any investigative reports, which shall be made immediately available to the Chief of Police of the PIEDMONT Police Department upon Agenda Report Page 5 of 10
completion for review.
G. NO RELATIONSHIP
No relationship of employer and employee is created by this MOU between ACSO personnel and PIEDMONT, it being understood that PIEDMONT and ACSO are acting hereunder as independent agencies. This MOU is not intended to and shall not be construed to create the relationship between the Parties of agent, servant, employee, partnership, joint venture, or association.
H. JURISDICTION
The geographic jurisdiction of ACSO in support of PIEDMONT under the terms of this MOU shall be limited to areas located within Alameda County, California. However, ASCO shall fully participate in any Court proceedings that are venued outside of Alameda County.
I. REIMBURSEMENT
PIEDMONT agrees to reimburse ASCO for all reasonable expenses that are incurred in connection with rendering services to PIEDMONT under this MOU. Reasonable expenses include, but shall not be limited to, the following: damage to ASCO’s uniforms, damage to ASCO’s property, damage to ASCO’s supplies, the cost of acquiring equipment to respond to a critical incident.
This Section shall in no way limit PIEDMONT's obligations under Section III, J (Indemnification). In consideration for the above services and upon receipt of an itemized invoice, PIEDMONT agrees to reimburse ACSO for the actual costs, additional costs, and indirect costs incurred within thirty (30) days of receipt of an invoice from ACSO. After an incident subject to the terms of this MOU, ACSO will provide PIEDMONT a record noting each individual captain/lieutenant/sergeant/deputy who was assigned to the incident along with the number of hours each was assigned.
Overtime may be utilized when staffing levels become critical, and ACSO shall make a good faith effort to utilize staff on hand first; however, PIEDMONT shall also reimburse for all overtime hours.
J. INDEMNIFICATION
To the fullest extent permitted by law, PIEDMONT shall hold harmless, defend and indemnify the County of Alameda ("County"), its Board of Supervisors, ACSO, and their officers, employees, and agents (collectively, "Indemnitees") from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of services under this MOU, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this MOU (collectively "Liabilities") except where such liabilities, as determined by a Court of law or mutual Agenda Report Page 6 of 10
agreement of the Parties, are the sole negligence, gross or willful misconduct of Indemnitees. The County may participate in the defense of any such claim without relieving PIEDMONT of any obligation hereunder.
K. Each of the Parties to this MOU shall immediately notify the other of any litigation of claim asserted by or against either Party relating to services under this this MOU.
L. TRAINING
To the extent any PIEDMONT employees are involved in any way in the services described herein, directly or indirectly, PIEDMONT agrees to provide all necessary and mandatory training required to ensure that employees assigned to assist and/or aid ACSO under this MOU comply with all state and agencymandated training. PIEDMONT agrees to allow the assigned employees adequate time to participate in any mandatory training. PIEDMONT also agrees to provide training for assignments that are specific to its needs.
M. All cancellations and other notices hereunder to ACSO shall be made to:
ACSO Law Enforcement Services Division Commander
1401 Lakeside Drive, 12th Flr.
Oakland, CA 94612
Telephone: (510) 667-7721
All cancellations and other notices hereunder to PIEDMONT shall be made to:
City of Piedmont Police Department
Attn: Police Chief
120 Vista Avenue
Piedmont, CA 94611
N. This MOU represents the entire and integrated agreement between the Parties. It is expressly agreed that all the terms and conditions of this agreement are included herein and no verbal agreements of any kind shall be binding upon the parties. As used herein, MOU refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This MOU supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof.
O. All records and reports prepared in the performance of this MOU shall be maintained by the Parties. The Parties agree to comply with all applicable laws concerning the maintenance and disclosure of records and reports prepared in the performance of this MOU.
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P. This MOU shall subject to the laws of the State of California. The exclusive venue to enforce or resolve a dispute related to this MOU shall be the Superior Court, County of Alameda.
Q. If a court of competent jurisdiction holds any provision of this MOU to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this MOU would be defeated by the loss of the illegal, unenforceable, or invalid provision.
R. Headings herein are for the convenience of reference only and shall in no way affect interpretation of the MOU.
S. The Parties shall each maintain their own liability insurance coverage through self-insurance against any claim of liability arising out of the performance of this MOU. At a minimum, each Party shall maintain Commercial General Liability with minimum coverage of $5,000,000.00 per occurrence, Commercial or Business Automobile Liability with minimum coverage of $5,000,000.00 per occurrence. The Parties shall maintain Workers' Compensation Insurance as required by the State of California and Employers Liability Insurance. Employers Liability Insurance shall have limits of no less than $100,000.00 per accident for bodily injury or disease.
T. By signing this MOU, a signatory warrants and represents that he/she executed this MOU in his/her authorized capacity and that by his/her signature on this MOU, he/she or the entity upon behalf of which he/she acted, executed this MOU.
IN WITNESS THEREOF, the Parties have executed this MOU on the dates as set forth hereinafter.
COUNTY OF ALAMEDA
By: _____________________________
President, Board of Supervisors
Date: _________________
CITY OF PIEDMONT
By: _____________________________
Betsy Smegal Andersen, Mayor
Date: _________________
ALAMEDA COUNTY SHERIFF’S OFFICE
By: _____________________________
Yesenia Sanchez, Sheriff
Date: _________________
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Approved as to form by:
OFFICE OF THE COUNTY COUNSEL
By: _____________________________
Donna R. Ziegler, County Counsel
Clay J. Christianson, Deputy County Counsel
Date: _________________
Approved as to form by:
CITY ATTORNEY’S OFFICE
By: _____________________________
Deepa Sharma, City Attorney
Michelle Marchetta Kenyon, City Attorney
Date: _________________
Attest:
By: _____________________________
Anna Brown, City Clerk
Date: _________________
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