HomeMy WebLinkAboutAtltachmentsCITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: August 5, 2014
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the City Manager to execute a
Memorandum of Agreement with San Diego Association of Governments (SANDAG) for the Graffiti
Tracker Program for the annual amount of $2,607 through dune 30fr 2015.
PREPARED BY: ,Leslie Deese, City Manager
PHONE: 619-336-4240
EXPLANATION:
See attached report.
DEPARTMENT: City Manager
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO. 001-409-000-650-0000
Annual Cost: $2,607
ENVIRONMENTAL REVIEW:
IN/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: G Finance
APPROVED: MIS
STAFF RECOMMENDATION:
Request City Council to authorize the City Manager to execute said Memorandum of Agreement.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Staff Report
SANDAG Agreement
Resolution
Staff Report: Graffiti Tracker Program Memorandum of Agreement
Introduction
The presence of graffiti in a neighborhood can be described as a quality of life issue,
contributing to a neighborhood's sense of cohesiveness and decreased feeling of
safety. It can also be a costly problem for public entities and private citizens, and graffiti
done in the interest of gang identification can relate back to incidents of violent crime.
In January 2011, County Supervisor Greg Cox, and other city and civic leaders,
launched a regional pilot project to combat graffiti. The goal of this pilot, the San Diego
County Multi -Discipline Graffiti Abatement Program, was to utilize technology (Graffiti
Tracker) to better document graffiti and identify and convict the most prolific offenders
through a coordinated regional effort. In 2011, National City, and other municipal law
enforcement agencies, the Port of San Diego, and local public transit agencies joined
the County's pilot program.
Project Overview
Graffiti Tracker is a Web -based intelligence sharing and analysis service that allows
photographs and locations of graffiti incidents to be submitted into a national database.
Intelligence reports can then be generated that included information and statistics
regarding the name or group monikers, location and size of incidents, trends or paths of
damage, migration of vandals, and arrest information. According to law enforcement
officials, systems such as Graffiti Tracker can enhance their ability to identify graffiti
taggers and gather evidence for prosecution of multiple acts of vandalism, as well as
provide expert analysis and intelligence toward identifying gang members and coded
messaging and alerts to other illegal street gang activities.
While the program has been coordinated through the San Diego County Sheriff, the
Memorandum of Agreement provides a framework for billing and support of the Graffiti
Tracker software through SANDAG's existing ESUN and ARJIS billings. As current
practice, the cost is divided based on the population of each participating agency, with
MTS and NTCD paying a flat fee. National City's annual cost is estimated to be $2,607.
Staff Recommendation
City Council approve the Graffiti Tracker Program Memorandum of Agreement and
authorize the City Manager to execute said Agreement.
401 B Street, Suite 800, San Diego; CA 92101
www.sandag_org
LETTER OF TRANSMITTAL
TO: City of National City
Date:6/6/14
ATTN: Claudia Silva, City Attorney
1243 National City Blvd,
National City, CA 91950
RE: 5004447 Graffiti Tracker MOA
NO. OF COPIES
1
DESCRIPTION
Contract #5004447 Graffiti Tracker MOA
THESE ARE TRANSMITTED
❑ For review &
comment
❑ Other
12) For signatures ❑ For your records
El _As requested
PLEASE NOTE
CC:
Ms. Silva,
Please find attached the above referenced documents for execution by Ms. Deese. Please return a signed copy
at your convenience.
Thank you,-F
ianda Hoben
Contracts & Procurement Analyst I
San Diego Association of Governments (SANDAG)
401 B Street, # 800, San Diego, CA 92101
Tel: (619) 699-7377
LW
By: Amanda Hoben
Phone: (619) 699 - 7377
E-Mail: Amanda.Hoben @sandag.org
PLEASE ACKNOWLEDGE RECEIPT
® Not requested
❑ Please call upon receipt
❑ Please return signed & dated copy
Received by:
Date:
COPIES: Client
SANDAL Files Project File
�NDAG
4C 7 B Street Suite 800
San Diego, CA 92101.4231
(619) 699-1900
Fax (619) 699-1905
www.sandag. org
MEMBER AGENCIES
Cities of
Carlsbad
Chula Vista
Coronado
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Diego
San Marcos
Santee
Solana Beach
Vista
and
County of San Diego
ADVISORY MEMBERS
Imperial County
California Department
of Transportation
Metropolitan
Transit System
North County
Transit District
United States
Department of Defense
San Diego
Unified Port District
San Diego County
Water Authority
Southern California
Tribal Chairmen's Association
Mexico
June 6,2014
Ms. Leslie Deese
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
Dear Ms. Deese:
File Number 5004447
SUBJECT: Graffiti Tracker Program Memorandum of Agreement
The Graffiti Tracker program has served as an effective law enforcement tool
facilitating the identification and prosecution of graffiti perpetrators whose
crimes are spread throughout the region.
The San Diego Association of Governments (SANDAG) recently distributed a
survey to all San Diego County agencies affiliated with the program. Survey
results, camera usage, incident numbers, square footage damage, maps, and a
breakdown of the source of the graffiti will be provided to each jurisdiction
later this summer.
While the program has been coordinated through the San Diego County
Sheriff, this Memorandum of Agreement provides a framework for billing and
support of the Graffiti Tracker software through SANDAG's existing ESUN and
ARJIS billings. As current practice, billings are divided based on the population
of each participating agency, with MTS and NTCD paying a flat fee.
Please arrange for execution of the document and return one copy to
SANDAG in the enclosed envelope. Should you have any questions, please
contact Amanda Hoben at (619) 699-7377.
Sincerely,
idars
GARY`t. GALLEGOS
Executive Director
GGA/AHO/abar
Enclosure
MEMORANDUM OF AGREEMENT
AMONG THE SAN DIEGO ASSOCIATION OF GOVERNMENTS,
THE COUNTY OF SAN DIEGO, THE CITIES OF CHULA VISTA, CORONADO, EL CAJON, LA MESA,
NATIONAL CITY, AND SAN DIEGO, THE METROPOLITAN TRANSIT SYSTEM, THE NORTH
COUNTY TRANSIT DISTRICT, THE UNIFIED PORT OF SAN DIEGO
GOVERNING GRAFFITI TRACKER, INC. BILLING AND SUPPORT
SANDAG CONTRACT NO. 5004447
This Memorandum of Agreement ("MOA") is made and entered into effective as of this
day of June 2014, by and among the San Diego Association of Governments ("SANDAG"), the
County of San Diego ("County"), the Cities of Chula Vista, Coronado, El Cajon, La Mesa, National
City, and San Diego, the Metropolitan Transit System, and the North County Transit District
(collectively, "Participating Agencies") for the purpose of establishing a framework for billing and
support of the Graffiti Tracker, inc. software. Individually, SANDAG, the County, and each of the
Participating Agencies may be referred to as "Party" and collectively as "Parties."
RECITALS
1. The Parties recognize that reduction or elimination of neighborhood graffiti is a regional
quality of life issue; and
2_ The County entered into a contract with Graffiti Tracker, Inc. in 2009 (Contract No.
527855, attached as Exhibit A) for the use of graffiti tracking software to aid in the apprehension of
repeat offenders, provide faster clean-up, and deter individuals from vandalizing personal and
public property ("Graffiti Tracking Program"); and
3. The Graffiti Tracking Program's success prompted other agencies to join this regional
effort, resulting in the provision of Graffiti Tracker services to Participating Agencies pursuant to an
amendment to Contract No. 527855 in 2011; and
4. The County has been responsible for administration of Contract No. 527855, including
timely payment of amounts due to Graffiti Tracker, Inc. for services utilized by both the County and
Participating Agencies; and
5. The County will continue to administer Contract No. 527855, including the timely
payment of amounts due to Graffiti Tracker, Inc.; and
6. SANDAG added the Graffiti Tracker Promotion Project to the Regional Operations and
Services area of emphasis in the FY 2014 SANDAG Budget to promote usage of the Graffiti Tracking
program regionally and provide user and liaison support; and
7. Each Participating Agency continues to utilize the benefits of the Graffiti Tracker Program
to document and reduce the incidence of graffiti within its jurisdiction; and
8. SANDAG currently invoices Participating Agencies for other law enforcement -related
support services; and
9. The County has requested that SANDAG invoice Participating Agencies for their use of the
Graffiti Tracker Program together with the existing invoices for law enforcement -related support
services; and
10. Each Participating Agency's use of the Graffiti Tracking program shall be determined by
the method described below; and
11. The Parties wish to memorialize their agreement in this MOA to carry out the purposes
set forth above.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as
follows:
THE COUNTY AGREES:
1. At least thirty (30) days prior to the beginning of the fiscal year (July 1 to June 30) for which
billing will occur, the County shall provide SANDAG with a list of the Graffiti Tracker
Program Participating Agencies.
2. The County shall continue to administer Contract No. 527855, to which neither SANDAG nor
any Participating Agency is a party. The County shall retain responsibility for collecting
delinquent payments, which includes all payments not received by SANDAG.
SANDAG AGREES:
3. SANDAG shall invoice the Participating Agencies once at the beginning of each fiscal year
(July 1 to June 30) for each Participating Agency's share of the Graffiti Tracker Program
costs. SANDAG shall remit to the County twice annually all payments received from
Participating Agencies since the last remittal and provide a list of delinquent payments.
SANDAG shall remit payments to:
County of San Diego, Sheriff's Department
Attention: Contract Manager
9621 Ridgehaven Court
San Diego, CA 92123
THE PARTICIPATING AGENCIES AGREE:
4. The Participating Agencies shall remit payment payable to SANDAG within thirty (30) days
of receipt of invoice. Participating Agencies shall remit payments to:
San Diego Association of Governments
Attention: AR11S
401 B Street, Suite 800
San Diego, CA 92101
S
THE PARTIES MUTUALLY AGREE:
5. Allocation of Costs. The respective shares of the Graffiti Tracker Program costs are allocated
between the Participating Agencies, collectively, and the County in accordance with
Contract No. 527855 and its accompanying amendments.
a. SANDAG shall not invoice the County for its share of the Graffiti Tracker Program
costs.
b. The Participating Agencies' total share as provided by Contract No. 527855 shall be
allocated among the Participating Agencies according to the following method of
calculation: Participating Agencies' total share multiplied by each Participating
Agency's proportionate share of the total population served by the Graffiti Tracker
Program. SANDAG shall calculate each Participating Agency's share of the Graffiti
Tracker Program costs using the most recent annual population estimates
promulgated by the California Department of Finance. In the event that a
Participating Agency is a special district or other public agency such that a
population figure is not susceptible to determination, that Participating Agency
shall pay a fixed fee of five thousand ($5,000.00) dollars annually toward the
Participating Agency total share of Graffiti Tracker Program costs. Any fixed fees
shall be deducted from the Participating Agency total share prior to calculating the
remaining Participating Agencies' shares of Graffiti Tracker Program costs by the
method of calculation described above.
6. Addition of Participating Agencies. Both SANDAG and the County shall have the authority
to add additional Participating Agencies to the Graffiti Tracker Program with the consent of
the other, whose consent shall not be unreasonably withheld. The County shall bear the
responsibility of amending Contract No. 527855 to reflect the participation of additional
agencies as part of its retained responsibility of administering Contract No. 527855. All
Participating Agencies added to the Graffiti Tracker Program shall sign this MOA and be
bound by these terms and conditions. Each Participating Agencies' share of the Program
costs shall be recalculated when a Participating Agency joins the Graffiti Tracker Program
according to the method above and the next invoice shall reflect the new allocation of
costs.
7. Graffiti Tracker Cameras. The County shall store Graffiti Tracker cameras that are not in use.
Participating Agencies shall coordinate with the County to obtain additional Graffiti Tracker
cameras or to replace malfunctioning cameras or portions thereof. A request for an
additional camera will be filled from the inventory of Graffiti Tracker cameras not in use.
Should all Graffiti Tracker cameras be in use by the Graffiti Tracker Program, the County
shall so notify the requesting Participating Agency, which may elect to order a new Graffiti
Tracker camera from Graffiti Tracker, Inc. under Contract No. 527855. The costs of new
Graffiti Tracker cameras and replacement parts will be borne by the requesting Participating
Agency and billed on the following invoice.
8. The Role of SANDAG. The SANDAG role with respect to the Graffiti Tracker Program shall be
limited to invoicing and receiving payments from Participating Agencies, forwarding such
payments to the County, and providing regional support to the Graffiti Tracker Program,
including the capture of metrics on system usage and production of reports for Participating
Agencies; identifying trends and patterns; accomplishing customer outreach and training to
encourage system usage; exploring the expansion of the Graffiti Tracker Program to other
agencies where graffiti is a problem; and collaborating with the County of San Diego Office
of the District Attorney to obtain statistics on restitution funds resulting from the Graffiti
Tracker Program. SANDAG shall not own or control any of the data from, provided to, or
used by Participating Agencies in the Graffiti Tracker Program other than those documents
or data it creates pursuant to this Section.
9. Notice. Any notice required or permitted under this MOA may be personally served on any
of the Parties by the Party giving notice, or may be served by first class mail, return receipt
requested, to the addresses provided in Exhibit B, "Agency Contacts." If no name is listed for
a jurisdiction in Exhibit B, then the agency's signatory, or his or her successor, shall suffice as
a valid agency contact.
10. Modification. No alteration or variation of the terms of this MOA shall be valid, unless made
in writing and signed by the Parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the Parties hereto.
11. Termination. Any Party may terminate its participation in this MOA by providing thirty (30)
days written notice of such termination to both the County and SANDAG.
a. Termination of participation by one or more of the Participating Agencies shall not
affect the terms, conditions, and provisions of the MOA with respect to the other
Parties still participating in the MOA, other than a recalculation of costs as between
the remaining Participating Agencies effective upon the following invoice. Upon the
effective date of termination of participation under this subsection, the terminating
Party shall cease its use of the Graffiti Tracker Program. Within thirty (30) days of the
effective date of termination, the Participating Agency shall return to the County
any Graffiti Tracker cameras in its possession, unless the Participating Agency paid
for an additional camera pursuant to Section 7 of this MOA. There will be no refund
of amounts already received by SANDAG.
b. Termination by SANDAG or the County shall terminate the entire MOA. Notice of
termination of the entire MOA shall also be provided to the Participating Agencies
prior to the effective date of termination. Within thirty (30) days of the effective
date of termination, SANDAG shall remit to the County any Graffiti Tracker Program
payments received from Participating Agencies that are in its possession. All Parties
shall cease their use of the Graffiti Tracker Program upon the effective date of
termination under this subsection. All Parties shall return any Graffiti Tracker
cameras in their possession to the County, unless the Participating Agency paid for
an additional Graffiti Tracker camera pursuant to Section 7 of this MOA_ Any funds
remaining in the Graffiti Tracker Program following termination of this MOA shall
be refunded to the County and the Participating Agencies in the same manner as
the costs were allocated.
12. Defense and Indemnity. The following indemnification provisions of this MOA shall survive
termination.
a. Claims Arising From Sole Acts or Omissions of a Party
Each Party to this MOA hereby agrees to defend and indemnify the other Parties to
this MOA, 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 MOA. 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 MOA. Parties shall notify each other promptly of any
claim, action or proceeding and cooperate fully in the defense.
b. 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 d below,
c. Joint Defense
Notwithstanding Paragraph b 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.
d. 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.
13. General Provisions.
a. All obligations of the Parties under the terms of this MOA are subject to the
appropriation of the required resources by their respective governing bodies.
b. This MOA shall be interpreted in accordance with the laws of the State of California.
c. All terms, conditions, and provisions herein shall inure to and shall bind each of the
Parties hereto and each of their respective heirs, executors, administrators,
successors, and assigns.
2
d. For the purposes of this MOA, the relationship of the Parties is that of independent
entities and not as agents of each other or as joint venturers or partners. The Parties
shall maintain sole and exclusive control over their personnel, agents, consultants,
and operations.
e. Nothing in the provisions of this MOA is intended to create duties or obligations t❑
or rights in third parties to this MOA or affect the legal liability of the Parties to this
MOA to third parties.
f. This MOA may be executed in any number of identical counterparts, each of which
shall be deemed to be an original, and all of which together shall be deemed to be
one and the same instrument when each Party has signed one such counterpart.
g. This MOA shall be deemed executed on the date on which the last Party signs this
MOA.
IN WITNESS WHEREOF, the Parties hereto have executed this MOA effective on the day and year
first above written.
COUNTY OF SAN DIEGO APPROVED AS TO FORM AND LEGALITY:
THOMAS J. PASTUSKA WILLIAM L. PETTINGILL
Clerk of the Board of Supervisors Senior Deputy County Counsel
SAN DIEGO ASSOCIATION OF GOVERNMENTS
GARY L. GALLEGOS
Executive Director or designee
THE CITY OF CHULA VISTA
JAMES D. SANDOVAL
City Manager
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THE CITY OF CORONADO
BLAIR KING
City Manager
THE CITY OF EL CAJON
DOUGLAS WILLIFORD
City Manager
THE CITY OF LA MESA
DAVID E. WITT
City Manager
THE CITY OF NATIONAL CITY
LESLIE DEESE
City Manager
THE CITY OF SAN DIEGO
SCOTT CHADWICK
Chief Operating Officer
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Contract No. 5004447
Graffiti Tracker MOA
additional signature page
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METROPOLITAN TRANSIT SYSTEM
PAUL JABLONSKI
Chief Executive Officer
NORTH COUNTY TRANSIT DISTRICT
MATTHEW 0. TUCKER
Executive Director
UNIFIED PORT OF SAN DIEGO
JOHN A. BOLDUC
Vice President, Public Safety
Contract No. 5004447
Graffiti Tracker MOA
additional signature page