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e. Evidence <br />When SAUSDPD delivers evidence to SAPD, they will ensure the maintenance of the proper chain <br />of custody and shall impound evidence at SAPD in a manner consistent with SAPD policies and <br />procedures. Evidence related to a crime that is to be impounded at SAPD shall comply with all SAPD <br />policies and procedures. SAPD will be responsible to provide SAUSDPD any updates and/or changes <br />to policies and procedures governing evidence processing. SAUSDPD personnel are responsible for <br />maintaining policy awareness and knowledge of any changes to evidence policies and procedures <br />(state, county, Department, etc.) <br />VII. INDEMNIFICATION <br />SAPD and SAUSDPD acknowledge this MOU is by and between two independent agencies and is <br />not intended to and shall not be construed to create the relationship of agent, servant, employee, <br />partnership, joint venture, or association. For liability purposes, neither participating agency shall be <br />considered the agent of the other. <br />SAUSDPD shall indemnify, defend and hold harmless SAPD, its officers, agents and employees from <br />any and all claims, demands, actions, causes of action, damages or liability for injury to or death of <br />persons, or for damage to property resulting from or arising out of any criminal or negligent act, whether <br />by omission or commission of SAPD, its officers, agents or employees in the use of SAUSDPD's <br />property or in the exercise of any other right or privilege by SAUSDPD pursuant to this MOU. <br />SAPD shall indemnify, defend and hold harmless SAUSDPD, its officers, agents and employees from <br />any and all claims, demands, actions, causes of action, damages or liability for injury to or death of <br />persons, or for damage to property resulting from or arising out of any criminal or negligent act, whether <br />by omission or commission of SAUSDPD, its officers, agents or employees in the use of SAPD's <br />property or in the exercise of any other right to or privilege by SAPD pursuant to this MOU. <br />All disputes, claims or other matters in question arising out of, or relating to this MOU may <br />ultimately be decided by means of legal action provided by California State law. Each party shall <br />pay for its own costs and attorney fees arising from such legal action. <br />avid Valentin, Chief of Police <br />Santa Ana Police Department <br />Date <br />Memorandum of Understanding between SAPD & SAUSDPD <br />Ana s asia Smith, Chief of Police Services <br />Santa Ana Unified School District Police <br />Date <br />Page 5 of 6 <br />