Cities Index.
Staff Report

Simi Valley City Council
April 15, 2024

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Staff Report
Meeting
April 15, 2024
Body
Simi Valley City Council
Pages
3
Original file
6.1 MB
Text extracted from the city's file for reading and search. Open the original on simivalley.granicus.com. That file is the official record.

CITY OF SIMI VALLEY

MEMORANDUM
A
pril 15, 2024
TO
: City Council
F
ROM: Police Department
S
UBJECT: ACCEPT THE SUB-GRANT AWARD FROM THE BOARD OF STATE AND

COMMUNITY CORRECTIONS (BSCC) AND THE COUNTY OF VENTURA
SHERIFF’S DEPARTMENT FOR THE ORGANIZED RETAIL THEFT
(ORT) PREVENTION GRANT, RATIFY THE EXECUTION OF THE SUB - GRANT AGREEMENT , APPROVE THE REQUEST TO HIRE ONE (1)

FULL-TIME, LIMITED -TERM POLICE OFFICER , FUNDED THROUGH

REIMBURSEMENT OF SALARY, BENEFITS, AND ORT RELATED

OVERTIME, AUTHORIZE THE CITY MANAGER OR DESIGNEE TO SIGN

ALL THE NECESSARY DOCUMENTS AND APPROVAL OF A
SUPPLEMENTAL BUDGET REQUEST FOR FUNDS 287 AND 100

STAFF RECOMMENDATION
I
t is recommended that the City Council accept $975,000 in sub- grant awards from the Board of State and Community Corrections (BSCC) and the County of Ventura Sheriff’s Department; ratify the execution of the sub-grant agreement; approve the request to hire one (1) full -time, limited -term police officer funded through reimbursement of salary, benefits, and ORT related overtime; and authorize the City Manager or designee to sign all the necessary documents and approval of a supplemental budget request in the Law Enforcement Grant Fund (Fund 287) and the General Fund (Fund100).

BACKGROUND AND OVERVIEW
I
n November of 2014, California enacted Proposition 47, also known as the Safe Neighborhoods and Schools Act, as the result of a statewide ballot initiative.

Proposition 47 reclassified several nonviolent offenses, increased the property value threshold for theft-related crimes such as shoplifting, and reduced penalties associated with several nonviolent property crimes. As a result of these legislative changes, California has experienced an increase in theft -related crimes, specifically shoplifting, over the last several years. These changes have also created an increase in organized retail thefts. Organized retail theft refers to groups of individuals working in conjunction to steal merchandi se in mass quantities with the intent to resell it for profit.

I
n September of 2023, the Ventura County Sheriff’s Office was awarded approximately $15 million in grant funding under the California BSCC Organized Retail Theft (ORT) Prevention Grant Fund. The purpose of this grant is to provide AGENDA ITEM NO.

9A
2 the money needed to dedicate the appropriate amounts and types of law enforcement resources needed to combat criminal groups intent on committing these crimes in Ventura County. The ORT Task Force creates a partnership of Ventura County law enforcement agencies who will collaborate, share intelligence, and work together to reduce and prevent organized retail theft in Ventura County.

Staff recommends the City Council take several actions to receive grant funds and to allow the City’s participation in the Task Force.

FINDINGS AND ALTERNATIVES
I
n September of 2023, the Ventura County Sheriff’s Office was awarded approximately $15 million in grant funding under the California BSCC Organized Retail Theft (ORT) Prevention Grant Fund. In November of 2023, the Ventura County Board of Supervisors voted to accept this grant funding for the Ventura County Sheriff’s Office . The grant covers a 44-month timeframe beginning in October of 2023 and ending in December of 2026. This grant covers seven other law enforcement agencies, as sub-recipients, within Ventura County, including the Simi Valley Police Department. The grant provides reimbursement to participating agencies for salary, benefits, ORT related overtime, and specialized enforcement details associated with the position throughout the duration of the grant. The grant also provides an assigned vehicle, furnished by the Ventura County Sheriff’s Office, for the duration of the grant.

T
he Simi Valley Police Department has committed to providing one (1), full-time, police officer to the ORT task force in April of 2024 in order to be eligible to receive the grant funding assigned to Simi Valley. The Simi Valley Police Department will provide invoices, payroll reports, and all other supporting documentation on a quarterly basis to the Ventura County Sheriff’s Office for our participation. In turn, the Simi Valley Police Department will receive reimbursement from the grant each quarter, in arrears.

T
he requested additional police officer will be hired on a Limited- Term basis. When the grant funds are exhausted, the number of sworn officers will return to the current (2024) quantity through natural attrition of sworn officers.

T
he following alternatives are available to the City Council:

1. Appr
ove accept ance of the sub-grant award from the Board of State and Community Corrections (BSCC) for the Organized Retail Theft (ORT) Prevention Grant Fund; ratify the execution of the grant agre ement; approve the request to hire one (1) full-time, limited-term police officer funded through the reimbursement of salary, benefits, and relate overtime; authorize the City Manager or designee to sign all the necessary documents; and approval of a supplemental budget request for Funds 287 and 100;

2. Do not approve acceptance of the BSCC ORT grant awards , the request to hire one (1) full-time, limited-term police officer funded through grant reimbursement, the authoriz ation for the City Manager or designee to sign all the necessary documents, or the supplemental budget request for Funds 287 and 100; 3 3. Provide staff with further direction.

S
taff recommends the City Council approve alternative No. 1.

SUGGESTED CITY COUNCIL MOTION
I mo
ve that the City Council authorize the Police Department accept the sub-grant awards of $975,000 from the Board of State and Community Corrections (BSCC) for the Organized Retail Theft (ORT) Prevention Grant Fund; ratify the execution of the sub-grant agreement; approve the request to hire one (1) full-time, limited-term police officer funded through the reimbursement of salary, benefits, and relate overtime ; authorize the City Manager or designee to sign all the necessary documents ; and approval of a supplemental budget request of $975,000 for Funds 287 and 100.

SUMMARY
A
s a result of increasing organized retail theft throughout California, the Board of State and Community Corrections (BSCC) awarded the Ventura County Sheriff’s Office approximately $15,000,000.00 in Organized Retail Theft (ORT) Prevention Grant funding in an effort to combat these crimes. In November of 2023, the Ventura County Board of Supervisors voted to accept the BSCC grant funding, for the Ventura County Sheriff’s Office, and the allocation of funds to other participating Ventura County law enforcement agencies as sub- grantees. The Simi Valley Police Department has committed to contracting a full-time police officer to the task force for the duration of the grant. ___
_________________________________
Steve Shorts
Chief of Police
P
repared by: Lincoln Purcell, Assistant Chief of Police INDEX Page
A
ttachment A - Ventura County ORT Grant Program Summary ...... 4 Attachment B - ORT Grant Agreement ............................................. 7 Attachment C - ORT Daily Activity Report ...................................... 42 Attachment D - ORT Memorandum of Understanding (MOU) ........ 43 Ventura County Organized Retail Theft Grant Program

Page 1 of 3 ends

Program Background
In September 2023, the Sheriff’s Office was awarded grant funding under the California Organized Retail Theft (ORT) Prevention Grant Program. This program formalizes a large scope, coordinated effort, overseen by the Sheriff’s Office, involving all law enforcement agencies in Ventura County to prevent and combat the estimated $10 million yearly loss from organized retail theft, vehicle/vehicle parts theft, and cargo theft. The grant covers a 44-month period beginning 10/01/23 and ending 12/31/26.

Goals

1. Reduce instances of ORT, vehicle/vehicle parts theft, and cargo theft by 50% by the end of grant award year three by accomplishing the following:
 Launching the Ventura County Organized Retail Theft Task Force (VCORTTF) in partnership with all Ventura County law enforcement agencies.  Coordinating and funding at least 75 high-visibility patrols by uniformed officers/deputies per year focusing on major retail shopping centers and areas prone to vehicle/vehicle part thefts.
 Training a minimum of 100 local retailers in theft mitigation and reporting.

2. Investigate all reported cases of ORT, vehicle/vehicle parts theft, and cargo theft. This will be accomplished through the following objectives:
 Assign ORT cases to a VCORTTF detective.
 Collecting data and identifying criminal patterns, vulnerable business types, and criminal organizations engaged in ORT.
 Build on existing relationships with Port of Hueneme authorities and other entities involved in the shipment of cargo to better identify and combat cargo theft.

3. Develop crime trends, actionable intelligence, and information to share with all county and municipal law enforcement agencies, retailers, and the public.

4. Use project technology to identify and track ORT crews by:
 Installing 100 automated license plate readers throughout the county  Receive training and/or equipment related to evidence-based communication technology (i.e. camera trailers)
 Share information gathered through the use of the Cellular Communications Interception Technology
Who Are Program Members?
- Ventura County Sheriff’s Office
- Oxnard Police Department

ATTACHMENT A
4 Ventura County Organized Retail Theft Grant Program

Page 2 of 3 ends

- Port Hueneme Police Department
- Santa Paula Police Department
- Simi Valley Police Department
- Ventura Police Department
- Ventura County Community College Police Department
- California State University, Channel Islands Police Department What Is Included?
- Creation of the VCORTTF comprised of a VCSO Program Administrator (Kelley Tovias), a VCSO sergeant (Sgt. Todd Welty), allied agency sergeant (TBD), four VCSO investigators, and two outside agency investigators
o Salaries and benefits (including overtime) paid for by grant funding o Vehicle provided by grant funding (Includes fuel and maintenance) - Overtime funding for all member agencies for a minimum of 75 high visibilit y uniformed patrols per year county-wide
o Patrols can target ORT, vehicle/vehicle part theft, and/or cargo theft - Purchase and deployment of 100 ALPR cameras countywide - Purchase and deployment of overt surveillance and electronic signage trailers intended to dissuade crime in shopping and auto malls
- Purchase and deployment of state-of-the-art CCIT device - Creation of a retailer/public education program focused on theft mitigation and reporting What Is Required?
- Sub-grantee Agreement
o Maximum Amount of Agreement
 Reflects the total amount available to each agency over the life of the grant  Salaries and benefits for task force assigned personnel  Overtime for high visibility patrol operations
o Points of Contact
 Authorized Officer (Chief of department)
 Financial Officer
 Project Director
 Examples: (Investigative Unit Sergeant, Captain, Commander) - Invoicing
o Each agency will be paid quarterly in arrears by submitting an invoice to VCSO. o Each agency must submit an invoice to VCSO each invoicing period in which reimbursement is requested.
o Supporting documentation, including time sheets documenting hours worked and proof of payment, must be included with the invoice. o Supporting documentation must be maintained by the subgrantee on site and be readily available for review during VCSO site visits.
5 Ventura County Organized Retail Theft Grant Program

Page 3 of 3 ends

- Statistics
o Agencies submitting invoices for reimbursement of overtime funds must also submit required statistical data for grant reporting purposes.  VCORTTF Daily Activity Report
6 ATTACHMENT B
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35 36
37 38
39 40
41 CURRENCY FIREARM (#) OTHER
CASE 1
CASE 2
CASE 3
CASE 4
CASE 5
DATE

7. NARRATIVE

8. REVIEW & CERTIFICATION

APPROVING OFFICER SIGNATURE

5. STATISTICS

STOPS CITATIONS

MISDEMEANOR ARRESTS ORT-RELATED ARRESTS

FELONY ARRESTS ORT-RELATED CONTACTS

6. SEIZURES
The hard copy of
this DAR will need
to be submitted to
VCSO on a
quarterly basis
along with agency
invoice.

TOTAL OT HOURS FOR OPERATION: 0

VENTURA COUNTY ORGANIZED RETAIL THEFT TASK FORCE

DAILY ACTIVITY REPORT (DAR)

1. GENERAL INFORMATION

AGENCY DATE & HOURS

2. PERSONNEL INFORMATION

NAME OF OFFICER RANK HOURS (START/END) TOTAL OT HOURS

OPERATION LOCATION

STOLEN PROP VEHICLE/VEHICLE PARTS NARCOTICS
REV. 12/11/2023

ATTACHMENT C
42 1
Ventura County Organized Retail Theft Task Force
(VCORTTF)
Memorandum of Understanding
Parties
This Memorandum of Understanding (MOU) is entered into by the County of Ventura (“County), on behalf of the Ventura County Sheriff’s Office (VCSO), and the Simi Valley Police Department (SVPD) (collectively: The Parties). Nothing in this MOU should be construed as limiting the basic spirit of cooperation which exists between these entities.

Purpose
The purpose of this MOU is to establish the roles and responsibilities of the Parties as cooperative members of the Ventura County Organized Retail Theft Task Force (“VCORTTF”) and to affirm the commitment to work ing together toward the mutual goal of the investigation, arrest, and prosecution of persons and criminal organizations who are engage d in organized retail theft, vehicle/vehicle parts theft, and cargo theft within the communities of Ventura County.

Through this MOU, the Parties commit to bringing their resources to aid in these investigations in each incorporated city and unincorporated areas of Ventura County . Through the sharing of resources and investigators, together we can fulfill the mission of VCORTTF and protect the residents of Ventura County.

Mission Statement
The mission of the Ventura County Organized Retail Theft Task Force is to reduce the incidents of organized retail theft, motor vehicle/motor vehicle part theft, and cargo theft in Ventura County. Through comprehensive and collaborative efforts involving all Ventura County law enforcement agencies, local retailers, and community stakeholders, the Ventura County Organized Retail Theft Task Force aims to identify, apprehend, and hold accountable those involved in these crimes which victimize our businesses and communities.

Participating Agencies
o Ventura County Sheriff’s Office
o Simi Valley Police Department
o Port Hueneme Police Department
o Oxnard Police Department
o Ventura Police Department
o Santa Paula Police Department
o California State University, Channel Islands Police Department o Ventura County Community College Police Department

ATTACHMENT D
43 2
VCORTTF Command Structure
Management- The VCSO Narcotics Captain will provide general management oversight of the task force to ensure adherence to policy and that best practices are being followed.

Supervision- Investigators assigned to VCORTTF will be supervised by a Sergeant from the Ventura County Sheriff’s Office and a Sergeant from the Port Hueneme Police Department.

These sergeants will supervise criminal investigations, ensure operational safety, maintain statistics, and prepare monthly reports.

Investigators- Any participating agency may assign a qualified investigators/detectives to one of the two outside agency VCORTTF investigator positions until the grant’s expiration on December 31st, 2026. The investigators shall work under the immediate supervision of the VCORTTF sergeants. While assigned to VCORTTF, investigators shall remain subject to the policies, procedures, and directives of their employing agencies.

Investigators may possess undercover documents supporting covert identities used to enhance operations and investigations. The procurement, utilization , and control of these documents shall be the responsibility of the investigator's employing agency.

Investigators who do not meet acceptable standards of performance or who refuse to comply with policies and procedures may be removed from VCORTTF by the Narcotics Captain. The Narcotics Captain shall discuss the issue with the investigator's employing agency.

If the employing agency does not agree with the action, the contested issue shall be forwarded to the collective department heads for final resolution. Resolution of operational problems at the lowest level is desirable and is in the best overall interest of the unit.

Funding
VCORTTF was created through funding provided by the State of California Organized Retail Theft Prevention Grant Program. The grant is administered through the California Board of State and Community Corrections (BSCC) and has a service period beginning October 1, 2023 and ending December 31, 2026.

The grant provides funding for salary and benefits for personnel assigned to the grant activity and for other project related expenses, as necessary. The VCSO will provide each participating agency head with a subgrantee agreement outlining grant funding and agency requirements.

Vehicles
The VCSO will provide each participating agency’s investigator with an unmarked vehicle for use in task force related operations. This vehicle shall be equipped with a police radio and capable of being operated as an emergency vehicle. Insurance, registration, fuel, and maintenance costs for the vehicle will be the responsibility of the VCSO . A license agreement is attached and incorporated into this MOU as Exhibit A. The Parties shall review and sign Exhibit A in addition to this MOU.
44 3
Equipment and Facilities
Office space, including basic office supplies, desktop computer, telephone service will be provided by VCORTTF. Costs of additional equipment such as cellular telephones shall be the responsibility of each participating agency.

Each agency shall provide its investigator with the necessary safety equipment required to make them operationally effective to include, entry vest, ballistic helmet, less lethal force options, and any tactical equipment approved and/ or issued by the agency.

Additional equipment for VCORTTF may be purchased under the grant by the Ventura Sheriff’s Office to enable investigators to fulfill the mission safely. Any equipment purchased or issued by the Ventura County Sheriff’s Office will remain property of VCSO and must be surrendered upon agency or member reassignment.

Policy
Each agency member shall abide by their own department policy while working as part of VCORTTF. Investigations, including covert operations, confidential informants, search warrants, and tactical operations will adhere to the Sheriff’s Investigation Manual. Each participating member will be provided access to this manual.

Civilians' complaints, use of force investigations, and/or internal affairs matters involving VCORTTF personnel shall be investigated by the involved employee's parent agency. VCORTTF personnel shall cooperate with all personnel investigations. Furthermore, the Narcotics Captain shall be kept informed of the status of any investigation involving a VCORTTF member. Nothing in this paragraph is meant to limit agency personnel from investigating criminal activities of government employees.

Training
Personnel assigned to VCORTTF shall abide by the training plan from their assigned agency to include annual updates as required by P.O.S.T or state mandate. It is highly encouraged a ll VCORTTF investigators receive training in basic investigations, confidential informant management, and mobile surveillance.

Sergeants assigned to VCORTTF will evaluate each assigned investigators ’ experience and training to determine capabilities. Newer investigators may be assigned to a Detective Training Officer and receive detective training. If required, the length and type of detective training will be determined by VCORTTF Sergeants. All i nvestigators will participate in monthly Narcotics Bureau training to include officer safety, building ent ry, tactical movement, officer rescue, case law, and narcotics related training.

It is the intention of VCORTTF management to participate in regional, state, or national training conferences to provide investigators with the most current information on trends and enforcement efforts. The Narcotics Captain will coordinate training conferences with the managers from VCORTTF participating agencies.
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Use of Buy Funds
Buy funds for operations will be provided by VCSO. The Narcotics Captain issues funds to each sergeant and bi-annually audits the expenditures. Records, receipts, and ledgers are maintained by the Narcotics Captain for a term as prescribed in the Sheriff’ s Policy Manual and are kept confidential.

Deconfliction
It is both the policy and practice of the VCSO to utilize the Western States Information Network (“WSIN”) for investigative deconfliction. Each member of VCORTTF will be given access to WSIN and be required to store investigative targets and informants, and to deconflict investigative operations.

Media Releases
All media releases and statements will be written by case agents for review and approval by VCORTTF Sergeants. Once approved, the Narcotics Captain will review the media release and send it to each agency for review at least two (2) hours before being released to the media. Media Releases will follow VCSO protocol for distribution and follow up.

Media releases will be published on a VCORTTF letterhead that incorporates each participating agency insignia and include language about VCORTTF and agency participation.

Press conferences on VCORTTF cases will be planned by the Narcotics Captain. Each agency will be afforded the opportu nity to participate. The Narcotics Captain will determine the lead presenter and each agency’s level of participation in the press conference.

VCORTTF participants may coordinate regular public education releases via social media with department representatives or PIOs.

Liability & Indemnity
Each participating agency shall have full financial responsibility for their respective investigators, including vehicle traffic collisions, worker’s compensation, and civil liability for acts or omissions of the other.

To the extent permitted by law, each individual VCORTTF partner agency shall defend, indemnify, and save harmless all other VCORTTF partner agencies and their appointees, officers, and employees from and against any and all claims, suits, or actions for “injury” (as defined by Government Code section 810.8) arising out of the individual VCORTTF partner agency’s performance under this agreement, but only in proportion to and to the extent that the claim, suit or action for injury is caused by the negligent or intentional acts or omissions of the individual VCORTTF partner agency, or the individual VCORTTF partner agency’s appointees, officers, or employees, during the course and scope of this agreement.

Neither termination of this agreement nor completion of the acts to be performed under this agreement shall release any party from its obligation to indemnify as to any claims or cause of 46 5
action asserted so long as the event(s) upon which such claim or cause of action is predicated shall have occurred after the effective date of this agreement and prior to the effective date of termination or completion.

Claims and Litigation Handling
Any claim against any participating agency that is the result of VCORTTF operation shall be processed as follows in order to assure appropriate claims and litigation reporting and handling:
a) Each participating agency shall be given immediate notice of any cla im filed against VCORTTF. Copies of said claim shall be immediately forwarded to the participating entity (Attention: Risk Manager).
b) Each participating agency retains the right to investigate, adjust and settle their portion of any case independent of the remaining parties.
c) Each participating agency shall retain separate defense counsel to represent each of them as each deems appropriate in its absolute discretion.

Statistics and Communication
The Narcotics Captain will maintain statistics for VCORTTF according to the Ventura County Sheriff’ Narcotics Bureau standards. VCORTTF Sergeants will complete a monthly memorandum detailing the activities of the teams. The Narcotics Captain will review the statistics and memorandum on, or about, the tenth day of th e following month and share with VCORTTF participating agencies. Any specific statistics required by VCORTTF participating agencies not compiled by the Sheriff’s Narcotics Bureau will be the responsibility of the individual agency investigators. The Narcotics Captain will report task force activities to the BSCC as directed.

Dispute Resolution
The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the supervisory level first before referring the matter to management personnel for resolution. Should a dispute rise above th e supervisory level, the Sheriff’s Narcotics Captain will schedule a meeting to discuss the issue and work with participating agencies to resolve the dispute.

Duration
The term of this MOU is for the duration of VCORTTF operations. Any party to this agr eement may rescind their participation at any time by providing written notification to the Sheriff’s Office at least thirty (30) days prior to withdrawal.

Modifications
This agreement may be modified at any time by written consent of all involved agencies.

Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. 47 6
Agreement
This collaborative agreement may be amended upon the written approval of all parties. Any revisions become effective on the date signed by the signatories. Any party to this agreement may rescind their participation at any time by pro viding written notification to the other participating agencies.

We, the undersigned, as authorized representatives of the Ventura County Sheriff's Office and the Simi Valley Police Department, do hereby approve this document. ________________________________ _______________________________ Jim Fryhoff, Sheriff Charles Steven Shorts, Chief
Ventura County Sheriff’s Office Simi Valley Police Department 48 7
Exhibit A
49 8

LICENSE AGREEMENT
This License Agreement is made and effective on the last date set forth below (“Effective Date”), by and between the County of Ventura (“County”), a political subdivision of the State of California, and the Simi Valley Police Department (“Licensee”).

Whereas, County owns a fleet of vehicles, license plate numbers and Ventura County Sheriff’s Office Unit Numbers to be determined at a later time.

Whereas, Licensee desires to use the vehicle for official business while assigned to the Ventura County Organized Retail Theft Task Force (VCORTTF).

Now, therefore, for promises exchanged herein , the receipt and sufficiency of s u c h c o n s i d e r a t i o n a r e hereby acknowledged, the parties hereto hereby agree as follows:

Agreement
County and Licensee agree:

1. Recitals.

The Recitals contained above are incorporated herein as though set forth in full.

2. License Granted.

A. Subject to the terms and conditions contained in this License, the County hereby grants to Licensee a non -exclusive, revocable license to use the Vehicle. The Vehicle shall be used by Licensee for the specified purpose and shall not be used for any other purpose without first obtaining the written consent of County.

B. The monthly fee for this License is zero dollars ($0.00) and County provides the gasoline for vehicle.

3. Maintenance.

A. In consideration of this License, Licensee shall at all times:

1. Cooperate with County staff as requested.

2. Use and operate the Vehicle in a safe and reasonable manner so as not to cause injury to persons or property.

3. Return the Vehicle in the same condition as when this License commenced.

B. County agrees to provide general maintenance to the Vehicle and pay for any standard Vehicle repairs, excluding damage to the Vehicle caused by Licensee’s operation or use of the Vehicle for activities outside of Ventura County Organized Retail Theft Task Force business.
50 9

4. Term of License.

The term of this License shall be limited to the specific dates of October 1st, 2023, through December 31st, 2026. This License may be terminated by the County, with or without cause, at any time, by notifying the Licensee in writing of County’s desire to terminate the License.

5. Indemnity by Licensee.

A. Licensee agrees to indemnify, hold harmless and defend the County, the Board of Supervisors, and each member thereof, and every officer, employee, contractor, representative or agent of the County, from any and all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, that are related to, arise, or are alleged to relate to or arise, directly or indirectly from any acts or omissions related to this License by Licensee or its agents, employees, or other persons acting on Licensee ’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Licensee or its agents, employees or other persons acting on Licensee’s behalf would be strictly liable.

B. Licensee’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action results in a determination of liability or damages as to which Licensee is obligated to indemnify and hold harmless.

C. County agrees to maintain automobile/liability insurance for use of the Vehicle.

6. Waiver and Release of Liability
Licensee agrees to waive, release and forever discharge the County of Ventura and Ventura County Sheriff’s Office, its officers, directors, employees, agents, volunteers, representatives, and/or Board of Supervisors, of and from all liability claims, demands, claims of negligence, causes of action and possible causes of action whatsoever, arising out of any loss, damage or injury that may be sustained by Licensee or to any of Licensee’s agents, officers or representatives arising out of Licensee’s use of the Vehicle for participation in the Ventura County Organized Retail Theft Task Force or any other activity.

7. Governing Law.

The construction and interpretation of this License and the rights and duties of the County and Licensee hereunder shall be governed by the laws of the State of California.
51 10

8. Compliance with Laws.

Licensee shall comply with all State, federal, and local laws and rules and regulations, now or hereinafter in force, pertaining to Licensee’s use of the Unit.

9. Notices.

A. Any notice to the County may be delivered by mail addressed to:

Captain Ron Chips
Ventura County Sheriff’s Office
3701 East Las Posas Road
Camarillo, CA 93010
B. Any notice to Licensee may be delivered by mail addressed to:

Chief Steve Shorts
Simi Valley Police Department
3901 Alamo Street
Simi Valley, Ca. 93063

10. Assignment.

Licensee may not delegate its rights or duties under this License without the written consent of the County.

11. Amendment.

This License may be amended at any time. Any amendments to this License shall become effective only when agreed to in a signed writing by authorized representatives of both County and Licensee.

12. Entire Agreement.

This License constitutes the entire agreement of the County and Licensee regarding the subject matter hereof and supersedes all prior communications, agreements and promises, either oral or written.

Jim Fryhoff, Sheriff Charles Steven Shorts, Chief
Ventura County Sheriff’s Office Simi Valley Police Department 52

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