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<br />- .. <br /> <br />9. WORK SCHEDULE: The Police Lieutenant will work a 9-80 work schedule in <br />compliance with the Police Management Association Memorandum of Understanding. Vacation <br />periods or other allowed absences shall be as governed by the Police Management Association <br />Memorandum of Understanding. If an absence is for an extended period of time, the City will <br />provide an interim District Public Safety Manager. <br /> <br />10. RESPONSIBILITIES: The City, by and through the Chief of Police, will assign a <br />Police Lieutenant to perform the services of a District Public Safety Manager. The City <br />represents that the designated Police Lieutenant shall have the necessary training and skills to <br />perform the services pursuant to this MOU. District shall grant to Police Lieutenant the <br />necessary authority to assign, discipline District safety personnel, and to complete the services <br />outlined herein. The Police Lieutenant will follow all policies, procedures and guidelines <br />specifically enacted by the District. Should any of the aforementioned policies or procedures <br />conflict with the City's rules and regulations, the Police Lieutenant will immediately bring said <br />conflict to the attention of the District and the City's Chief of Police, who will take the necessary <br />action to allay the conflict. The Police Lieutenant will be expected to conform to the City's <br />policies and procedures, and to the extent not conflicting therewith, policies and procedures set <br />forth by the District, such as performance expectations, punctuality and chain of command. <br /> <br />11. HOLD HARMLESS CLAUSE: District agrees to and shall indemnify and hold <br />harmless the City, its officers, agents, employees, consultants, special counsel, and <br />representatives from liability: (I) for personal injury, damages, just compensation, restitution, <br />judicial or equitable relief arising out of claims for personal injury, including health, and claims <br />for property damage, which may arise from the direct or indirect operations of the District or its <br />contractors, subcontractors, agents, employees, or other persons acting on their behalf which <br />relates to the services described in section 10 of this MOD; and (2) from any claim that personal <br />injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the <br />terms of or effects arising from this MOD. This indemnity and hold harmless agreement applies <br />to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or <br />alleged to have been suffered, by reason of the events referred to in this Section or by reason of <br />the terms of, or effects, arising from this MOD. The District further agrees to indemnify, hold <br />harmless, and pay all costs for the defense of the City, including fees and costs for special <br />counsel to be selected by the City, regarding any action by a third party challenging the validity <br />of this MOD, or asserting that personal injury, damages, just compensation, restitution, judicial <br />or equitable relief due to personal or property rights arises by reason of the terms of, or effects <br />arising from this MOD. City may make all reasonable decisions with respect to its <br />representation in any legal proceeding. <br /> <br />12. CITIZEN COMPLAINTS: Any complaint from an individual alleging misconduct by <br />the Police Lieutenant will be directed to the District. The District will notify the City's Chief of <br />Police which will conduct an investigation of the incident. Investigations of citizen complaints <br />or internal investigations shall be handled by the City. Disciplinary actions will be approved <br />solely by the City. <br /> <br />13. MODIFICATION: Modifications of this MOD and further terms required herein may <br />only be made by written agreement signed by the parties hereto. <br /> <br />14. AUTHORITY AND SIGNATURES: The individuals signing this MOD have the <br />authority to commit the party they represent to the terms of this MOD, and do so commit by <br />slgnmg. <br /> <br />2 <br />