HomeMy WebLinkAboutAgreementAGREEMENT FOR THE
2013 REGIONAL REALIGNMENT RESPONSE (R3)
PARTIES TO THE AGREEMENT
This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF
CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL
CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL
CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), collectively the
"PARTIES", for program support of the Regional Realignment Response Group ("R3"). For the
COUNTY, participating agencies are the Sheriff's Department and the Probation Department.
For the CITIES, participating agencies are the police departments.
RECITALS
R.1 COUNTY through SHERIFF requested and received funds from the Community
Corrections Partnership (CCP) to create a Regional Realignment Response Group (R3).
R.2 Funds shall be used to support the R3 and its primary goal of public safety by
developing and implementing a targeted, proactive, intelligence -based approach to control and
counteract the risks associated with realigned offenders (which include those sentenced pursuant
to California Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)B) PC and Post Release Community
Supervision Offenders) released into San Diego County.
R.3 Government Code §55632 authorizes COUNTY through SHERIFF and
PARTIES, to contract with SHERIFF for provision of joint law enforcement services.
R.4 PARTIES desire to enter into an agreement with provisions concerning the nature
and extent of R3 collaboration, services rendered, and compensation; and
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R.5 COUNTY, by action of the Board of Supervisors on January 7, 2014, approved
and authorized the SHERIFF to execute expenditure contracts to use FY2013 R3 funds to
reimburse all PARTIES for overtime expenses incurred in R3 activities not to exceed the
amounts described in Exhibit A — Agency Allocations, during the project period December 1,
2013 through December 31, 2014; and
R.6 PARTIES agree to maintain documentation supporting all expenditures
reimbursed from R3 funds.
NOW THEREFORE, for consideration, the receipt and sufficiency of which is hereby
acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will fund, and
PARTIES will provide, a level of R3 services, as set forth in this Agreement.
AGREEMENT
1. Purpose And Intent
The purpose of this Agreement is to satisfy the R3 proposal submitted to and awarded by
the Community Corrections Partnership.
2. SCOPE OF SERVICES
2.1 Method of Service Delivery
SHERIFF will maintain the R3 funding and will be administratively responsible
for reimbursement of PARTIES' obligations under this Agreement. .
2.2 Overview Of Basic Services
PARTIES will provide R3 activities ("Activities") in their designated areas of
jurisdiction and/or in coordination with other R3 partner agencies in order to counteract the risks
associated with realigned offenders released into San Diego County.
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2.2.1 Framework of Operations
A Regional Realignment Response Group (R3 Group) will be created to oversee R3
Operations and Activities, The Membership of the Group will consist of the Designated
Coordinators of each PARTY, as outlined in Section 4.2.3. The R3 Group will meet regularly to
discuss and plan R3 Operations and Activities.
Regional Sub -Groups will be created for the Northern, Central and Southern areas of the County.
The Regional Sub -Groups will be responsible for the planning and coordination of allied or
regional operations involving two or more PARTIES.
Membership of the Regional Sub -Groups is as follows:
NORTHERN: A Police Lieutenant from the cities of Escondido, Carlsbad, Oceanside, a
Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION.
CENTRAL: A Police Lieutenant from the cities of San Diego, El Cajon, La Mesa, a Lieutenant
from SHERIFF, and a Supervising Probation Officer from PROBATION.
SOUTHERN: A Police Lieutenant from the cities of San Diego, National City, Chula Vista, a
Lieutenant from SHERIFF, a Commander from the City of Coronado and a Supervising
Probation Officer from PROBATION.
3. TERM OF AGREEMENT
3.1 Initial Term
The term of this Agreement shall be December 31, 2013 and shall continue in
effect through and terminate at midnight on December 31, 2014 subject to the termination
provision in section III. B. and III. C. below.
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3.2 Option to Extend
Renewal or extension of the Agreement beyond December 31, 2014 shall be
subject to available funding.
3.3 Termination
Subject to the applicable provisions of state law, each PARTY may terminate its
participation in this Agreement upon ninety -day (90) minimum written notice to the other
PARTIES.
4. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES
4.1 Anticipated Outcome
The anticipated outcome of the R3 Activities to be provided by PARTIES
under this Agreement is increased law enforcement presence in each respective
PARTY's designated area of jurisdiction in order to counteract the risks associated with
realigned offenders released into San Diego County. The anticipated outcome will be
reached by achieving the goals and accomplishing the missions set forth below by the
PARTIES.
4.1.1 PARTIES will provide enhanced enforcement by increasing patrol
presence in areas where realigned offenders reside, jurisdictions where they have been released,
and areas they are known to frequent. This patrol presence will include 4th waiver searches,
probation compliance checks, directed patrol, and coordinated multi -agency sweeps. In addition,
PARTIES will utilize their unique investigatory areas of expertise in operations.
4.1.2 Increase intelligence/information sharing among PARTIES, including but
not limited to the following activities:
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4.1.2.1 Utilize Criminal Intelligence Analysts, dedicated to the R3
program, located at the County's Law Enforcement Coordination Center (LECC). The LECC
will serve as the centralized clearinghouse for information and documentation of realigned
offender post -release packets.
4.1.2.2 Conduct bi-monthly meetings with a minimum of one
representative from each PARTY.
4.1.2.3 Increase information sharing during operations.
4.1.3 Prior to R3 "Activities", or Operations, an Operations Plan must be
approved by the Regional Realignment Response Group. The Operations Plan is to be submitted
by the Operations Coordinator via email to R3G@sdsheriff.org at least 72 hours prior to the
operation.
4.1.4 At the conclusion of each shift (Operation) funded by Regional
Realignment Response (R3), law enforcement officers in each agency will complete a Daily
Activity Report (DAR). The DAR will be submitted to the agency's designated Operation's
Coordinator.
4.1.5 At the conclusion of each shift (Operation) funded by R3, the Operation
Coordinator will email the following to R3G@a sdsheriff.org:
4.1.5.1 An OVERALL Operation Statistics Form
4.1.5.2 All Daily Activity Report (DAR) Forms (from Deputies/Officers)
4.1.5.3 A complete Operation Roster (includes all personnel assigned to
operation with sign in and sign out times)
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4.2 Personnel Qualifications And Assignment
4.2.1 Qualifications
Each PARTY shall ensure that personnel it assigns to perform activities
pursuant to this Agreement meet the minimum qualification for their specific classification.
4.2.2 Management, Direction and Supervision; Independent Contractors
The hiring, firing, management, direction, and supervision of each
PARTY's personnel, the standards of performance, the discipline of each PARTY' S personnel,
and all other matters incident to the performance of such services, shall be performed by and be
the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord
with the provisions of applicable labor agreements. Each PARTY shall be the appointing
authority for all its personnel provided to R3 by this AGREEMENT. PARTIES shall have no
liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to
any other PARTY's personnel.
Each PARTY and its respective officers, agents and employees are independent
contractors and are not officers, agents and employees of any other PARTY. Each PARTY's
personnel are under the direct and exclusive supervision of that PARTY, and each PARTY
assumes full responsibility for the performance of its own personnel in connection with this
Agreement. No PARTY has the authority to bind any other PARTY.
4.2.3 Designated Coordinators
SHERIFF shall select and designate a coordinator who shall manage and
direct the R3. Each other PARTY shall select and designate a coordinator under this Agreement.
The designated coordinators for each PARTY shall represent their agency on the R3 Group
outlined in Section 2.2.1, perform the activities outlined in Section 4.1.5 and implement, as
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needed, appropriate procedures governing the performance of all requirements under this
Agreement and shall be responsible for meeting and conferring in good faith in order to address
any disputes which may arise concerning implementation of this Agreement.
4.2.4 Staffing for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective
personnel are provided to R3 Activities at all times during the term of this Agreement to meet the
Basic Services, Scope of Services, and Standards of Service commitments set forth herein.
4.2.5 Equipment and Supplies
Each PARTY will supply its own personnel with all supplies and/or
prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3
Activities under this agreement, unless otherwise specified in Exhibit C.
5. COST OF SERVICES/CONSIDERATION
5.1 General
As full consideration for the satisfactory performance and completion by
PARTIES of Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse
PARTIES for personnel assigned to perform R3 Activities on the basis of claims and submittals
as set forth hereunder not to exceed the amounts specified in Exhibit A — Agency Allocations. .
Such payments by COUNTY through SHERIFF are dependent on the continued availability of
funds from the Community Corrections Partnership (CCP).
5.2 Personnel Costs/Rate of Compensation
During the term of this Agreement, COUNTY through SHERIFF shall reimburse
PARTIES for overtime worked by personnel assigned to perform R3 Activities based upon the
actual costs incurred by PARTIES to provide Activities under this Agreement.
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5.3 Method of Payment
PARTIES shall submit correct and complete reimbursement forms, labor reports,
and timesheets, as documentation that represents amounts due under this Agreement to
SHERIFF no later than the final business day of the subsequent month from the month being
claimed to: San Diego County Sheriff's Department, Grants Unit, Ref: CCP, P. O. Box 939062,
San Diego, CA 92193.
5.3.1 Reimbursement forms, labor reports and timesheets must have the
signature of PARTY's designated coordinator or his or her designee, certifying that the invoice,
labor reports and timesheets are true and correct.
5.3.2 PARTIES shall provide payroll records for each and every person whose
costs are reimbursable under this Agreement, to include, at a minimum, the person's name,
classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours
worked, date overtime worked and fringe benefit rate and cost. PARTIES shall make available to
SHERIFF for inspection, upon request, all payroll records and any other records that relate to the
Basic Services provided under this Agreement.
5.3.3 Within sixty (60) business days upon receipt of valid invoice and complete
documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to.
5.3.4 Each PARTY is responsible for tracking the claims submitted by their
agency to ensure the total claims do not exceed the Agency allocations provided in Exhibit A.
6. INDEMNIFICATION RELATED TO WORKERS COMPENSATION,
EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES
6.1 Workers Compensation And Employment
6.1.2 The COUNTY shall fully indemnify and hold harmless Non -County
PARTIES and their respective officers, employees and agents, from any claims, losses, fines,
expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or
liabilities arising from or related to (I) any workers' compensation claim or demand or other
workers' compensation proceeding arising from or related to, or claimed to arise from or relate
to, employment which is brought by an employee of the COUNTY or any contract labor provider
retained by the COUNTY, or (2) any claim, demand, suit or other proceeding arising from or
related to, or claimed to arise from or relate to, the status of employment (including without
limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment,
transfer, disability, leave or other such matters) which is brought by an employee of the
COUNTY or any contract labor provider retained by the COUNTY.
6.1.2 Each Non -County PARTY shall fully indemnify and hold harmless the
COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including
attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or
related to (1) any workers' compensation claim or demand or other workers' compensation
proceeding arising from or related to, or claimed to arise from or relate to, employment which is
brought by an employee of that respective agency or any contract labor provider retained by the
Non -County party, or (2) any claim, demand, suit or other proceeding arising from or related to,
or claimed to arise from or relate to, the status of employment (including without limitation,
compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer,
disability, leave or other such matters) which is brought by an employee of that respective law
enforcement agency or any contract labor provider retained by the law enforcement agency.
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6.2 Indemnification Related To Acts Or Omissions; Negligence
6.2.1 Claims Arising From Sole Acts or Omissions of a PARTY
Each PARTY to this Agreement hereby agrees to defend and indemnify
the other PARTIES to this Agreement, their agents, officers and employees, from any claim,
action or proceeding against the other PARTIES, arising solely out of its own acts or omissions
in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may
participate at its own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve any PARTY of any obligation imposed by this Agreement.
PARTIES shall notify each other promptly of any claim, action or proceeding and cooperate
fully in the defense.
6.2.2 Claims Arising From Concurrent Acts or Omissions
The PARTIES hereby agree to defend themselves from any claim, action
or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases,
PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their
right to seek reimbursement of such costs, except as provided in paragraph 6.2.4 below.
6.2.3 Joint Defense
Notwithstanding paragraph 6.2.2 above, in cases where PARTIES agree in
writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim,
action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense
counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs
of such joint defense and any agreed settlement in equal amounts, except as provided in
paragraph 4 below. PARTIES further agree that no PARTY may bind the others to a settlement
agreement without the written consent of the others.
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6.2.4 Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the
comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of
defense costs, settlement payments, judgments and awards, consistent with such comparative
fault.
7. GENERAL PROVISIONS
7.1 Notices
Any notice, request, demand or other communication required or permitted
hereunder shall be in writing and may be personally delivered or given as of the date of mailing
by depositing such notice in the United States mail, first-class postage prepaid and addressed as
follows or, to such other place as each party may designate by subsequent written notice to each
other:
To COUNTY and SHERIFF:
Sheriff
San Diego County Sheriff's Department
P. O. Box 939062
San Diego, CA 92193
To Non -County PARTIES:
Chief of Police
Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92010
Chief of Police
Chula Vista Police Department
315 Fourth Avenue
Chula Vista, CA 91910
Chief of Police
Escondido Police Department
Chief Probation Officer
Probation Department
9444 Balboa Avenue, Ste. 500
San Diego, CA 92123
Chief of Police
Coronado Police Department
700 Orange Avenue
Coronado, CA 92118
Chief of Police
El Cajon Police Department
100 Fletcher Pkwy
El Cajon, CA 92020
1163 North Centre City Parkway
Escondido, CA 92026
Chief of Police
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La Mesa Police Department La Mesa, CA 91942
8085 University Ave
Chief of Police Chief of Police
National City Department Oceanside Police Department
1200 National City Blvd 3855 Mission Ave
National City, CA 91950 Oceanside, CA 92058
Chief of Police
San Diego Police Department
1401 Broadway
San Diego, CA 92101
A notice shall be effective on the date of personal delivery if personally delivered before 5:00
p.m. on a business day or otherwise on the first business day following personal delivery; or two (2)
business days following the date the notice is postmarked, if mailed; or on the first business day
following delivery to the applicable overnight courier, if sent by overnight courier for next business
day delivery and otherwise when actually received.
7.2 Amendment
This Agreement may be modified or amended only by a written document signed by the
COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or
agreement shall be binding on any PARTY or PARTIES.
7.3 Entire Agreement
This Agreement constitutes the complete and exclusive statement of agreement between
the COUNTY and Non -County PARTIES with respect to the subject matter hereto. As such, all prior
written and oral understandings are superseded in total by this Agreement.
7.4 Construction
This Agreement will be deemed to have been made and shall be construed, interpreted,
governed, and enforced pursuant to and in accordance with the laws of the State of California. The
headings and captions used in this Agreement are for convenience and ease of reference only and shall
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not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be
construed against any one party.
7.5 Waiver
A waiver by COUNTY or Non -County PARTIES of a breach of any of the covenants to
be performed by COUNTY or Non -County PARTIES shall not be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this
Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of
this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any
subsequent breach. The acceptance by COUNTY or Non -County PARTIES of either performance or
payment shall not be considered a waiver of PARTY's preceding breach of this Agreement.
7.6 Authority to Enter Agreement
COUNTY and Non -County PARTIES have all requisite power and authority to conduct
their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and to bind each respective party.
7.8 Cooperation
COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to
implement this Agreement.
7.9 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same instrument.
7.10 Severability
This Agreement is subject to all applicable laws and regulations. If any provision of
this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to
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be in conflict with any law or regulation, then the conflicting provision shall be considered null and
void. If the effect of nullifying any conflicting provision is such that a material benefit of this
Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected
PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this
Agreement shall be severable and shall continue in full force and effect.
7.11 Representation
PARTIES' Chief, or their respective designee, shall represent PARTIES in all
discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF
in all discussions pertaining to this Agreement.
7.12 Dispute Resolution Concerning Services and Payment
In the event of any dispute concerning services and payment arising from this
Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her
respective designee, will meet and confer within 10 (ten) business days after receiving notice of the
dispute to resolve the dispute.
7.13 Termination of Funding
In the event that funding for reimbursement of costs related to R3 Activities is
terminated by the CCP, this Agreement in its entirety shall be considered null and void and COUNTY
through SHERIFF and PARTIES shall no longer be required to provide R3 Activities as described
herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if
agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement
within a reasonable time frame, a transition plan for the provision of R3 Activities through alternate
means.
7.14 Obligation
This Agreement shall be binding upon the successors of the PARTIES.
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7.15 California Law
This Agreement is executed and delivered within the State of California and the rights
and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and
governed by the laws of the State of California.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this
day of ,2013.
COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO
SHERIFF'S DEPARTMENT PROBATION DEPARTMENT
William D. Gore Mack Jenkins
Sheriff Chief
CARLSBAD POLICE CHULA VISTA
DEPARTMENT POLICE DEPARTMENT
Gary Morrison David Bejarano
Chief Chief
CORONADO POLICE EL CAJON
DEPARTMENT POLICE DEPARTMENT
Jon Froomin Jim Redman
Chief Chief
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ESCONDIDO POLICE LA MESA POLICE
DEPARTMENT POLICE DEPARTMENT
Craig Carter Ed Aceves
Chief Chief
NATIONAL CITY OCEANSIDE POLICE
POLICE DEPARTMENT DEPARTMENT
Manuel Rodriguez
Chief
Frank McCoy
Chief
SAN DIEGO POLICE CITY OF SAN DIEGO
DEPARTMENT
William Lansdowne Mayor Todd Gloria (Interim)
Chief or Designee
Approved as to form and legality:
SAN DIEGO COUNTY COUNSEL
Approved as to form and legality:
JAN GOLDSMITH, CITY ATTY.,
CITY OF SAN DIEGO
William L. Pettingill Linda L. Peter
Senior Deputy Deputy City Attorney
Exhibit A
Agency Allocations for Regional Realignment Response Group (R3G)
Coronado Police Department
oceansi‘ PoirteDipprtment
La Mesa Police Department
San Oreg.
El Cajon Police Department
eligromita PotittgijlWhi
National City Police Department
Escondido Police Department
Probation Department
ailsbicepZirCelP.. epiefterit
Sheriff
$26,200
$53;995
$46,411
$177,390
$41,865
75507
$31,539
$139283
$55,744
t25 2;i"
$218,010
$S9L-1'57
Contingency $108,843
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