HomeMy WebLinkAbout2016 CON County of San Diego and Law Enforcement Agencies - Regional Realignment Response (R3)NOTE TO FILE
07-15-2019
IN THE MATTER OF: The 2016 County of San Diego/Law Enforcement
Agencies Regional Realignment Response (R3) Agreement. Please note the
following:
NO FULLY EXECUTED ORIGINAL AGREEMENT
WAS FILED WITH THE OFFICE OF THE CITY CLERK.
ORIGINATING DEPARTMENT:
NTF
CDC _ Housing & Economic Development
City Attorney Human Resources
City Manager MIS
Community Svcs. _ Planning
Eng/PW X Police
Finance
Fire
MEETING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
September 6, 2016
AGENDA ITEM NO.4
ITEM TITLE:
'Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to enter into a Memorandum of
Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law
enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3), for
the program period retroactive from July 1, 2016 to December 31, 2017; 2) authorizing the acceptance & establishment of
appropriations and a corresponding revenue budget for the R3 grant in the amount of $45,000. 1
PREPARED BY: Nanuel Rodriguez, Chief of Police UtF'AK I MCN I : F' ce
PHONE: xt.�45111 APPROV �� 4e�?ze, ,,, oz
EXPLANATION:
Refer to Attachment.,
FINANCIAL STATEMENT:
ACCOUNT NO.1
1290-11646-3463 (Other State Grants revenue) - $45,000
290-411-646-* (miscellaneous expenditures) - $45,0001
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: ` a ,G'- Finance
APPROVED: MIS
STAFF RECOMMENDATION:
Approve Resolution.
BOARD I COMMISSION RECOMMENDATION:
ATTACHMENTS:
(Staff Report
Reso 2014-170
Amendment No. 1 (R3 MOA)
Amendment No. 2 (R3 Exhibit A)
4,eso\,vt\o� No. a0��-�a5
„- CALIFORNIA
NATIONAL Ctn.
INCORPORATED
NATIONAL CITY POLICE DEPARTMENT
STAFF REPORT
DATE: August 29, 2016
SUBJECT: Resolution of the City Council of the City of National City
authorizing the Chief of Police to enter into the Memorandum of
Agreement with the County of San Diego (San Diego Sheriffs
Department and Probation Department) and municipal law
enforcement agencies throughout the County, for program support
of the Regional Realignment Response Group (R3)
SUMMARY
It is recommended the City Council approve the Resolution of the City Council of
the City of National City to authorize the Chief of Police to enter into the
Memorandum of Agreement with the County of San Diego and municipal law
enforcement agencies for program support of the Regional Realignment Group
(R3). The agreement period is July 1, 2016 to December 31, 2017 resulting in
reimbursement of $45,000 to the City of National City.
BACKGROUND
The National City Council passed and adopted the original Memorandum of
Agreement on January 21, 2014 (Resolution No. 2014-03) authorizing the Chief
of Police to enter into a Memorandum of Agreement with the County of San
Diego (San Diego Sheriff's Department and Probation Department) and
municipal law enforcement agencies throughout the County for program support
of the Regional Realignment Response Group (R3). The National City Police
Department received grant funds in the amount of $31,539 in 2014 from the
Community Corrections Partnership (R3) to support R3 and its primary goal of
public safety.
CURRENT AGREEMENT
The Memorandum of Agreement is in effect from July 1, 2016 through December
31, 2017 with the County of San Diego (San Diego Sheriff's Department and
Probation Department) for the Regional Realignment (AB109) Group. As part of
this agreement, the National City Police Department will continue to receive grant
funding in the amount of $45,000. The funds shall be used to support R3 and its
primary goal of public safety by developing and
Page 1 of 2
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
CALIFORNIA --H*
NATIONAL My
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�-- INCORPORATED
implementing targeted, proactive, intelligence -based approach to control and
counteract the risks associated with realigned offenders and Post Release
Community Supervision Offenders, released into San Diego County.
IMPACT
None. Revenue to the City in the amount of $45,000.
JT
Page 2 of 2
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
RESOLUTION NO. 2014 —170
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AMENDMENT NO. 1
TO EXTEND THE CURRENT MEMORANDUM OF AGREEMENT WITH
THE COUNTY OF SAN DIEGO (SAN DIEGO SHERIFF'S DEPARTMENT AND
PROBATION DEPARTMENT) AND MUNICIPAL LAW ENFORCEMENT
AGENCIESOF THE REGIONAL REALIGNMENT ESPONSE GROUP FOR (R3)SUPRT
WHEREAS, AB 109 (as amended by AB 117) took effect October 1, 2011, and
realigned major areas of the California criminal justice system; and
WHEREAS, as part of the State of California Realignment (AB 109), San Diego
County, through the Sherriff's Department, requested funds from the Community Corrections
Partnership ("CCP") to create a Regional Realignment Response Group ("R3"); and
WHEREAS, the funds are used to support 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 and Post Release
Community Supervision Offenders released into San Diego County; and
WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014-
03 authorizing the Chief of Police to enter into a Memorandum of Agreement ("MOA") with the
County of San Diego for program support of R3 through December 31, 2014; and
WHEREAS, pursuant to the MOA, the National City Police Department received
funds in the amount of $31,539 to conduct compliance and enforcement operations of violators,
and will continue to receive additional grant funds pursuant to the MOA; and
WHEREAS, Amendment No. 1 to the MOA for the 2013 Regional Realignment
Response Group (R3) extends the current Memorandum of Agreement through December 31,
2015.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby authorize the Chief of Police to enter into Amendment No. 1 to the
Memorandum of Agreement for the 2013 Regional Realignment Response (R3) to extend the
term of the Agreement to December 31, 2015.
PASSED and ADOPTED this 16th day of December 14
Morrison, Mayor
ATTEST:
ch
N �
Mi el R. Della, ity a Clerk
AGREEMENT FOR THE
2016 REGIONAL REALIGNMENT RESPONSE (R3)
1. 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").
1.1 Party Departments or Agencies Participating in the Agreement
For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF")
and the Probation Department ("PROBATION"). For the CITIES, participating agencies are
their respective police department.
2. RECITALS
2.1 COUNTY through SHERIFF received funds from the State of California Local
Revenue Fund 2011, Community Corrections Subaccount to continue the Regional
Realignment Response Group (R3) program.
2.2 Funds shall be used to support the R3 program 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.
2.3 Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to
contract with SHERIFF for provision of joint law enforcement services.
2.4 PARTIES desire to enter into an agreement with provisions concerning the nature and
extent of R3 collaboration, services rendered, and compensation.
2.5 COUNTY, by action of the Board of Supervisors on June 28, 2016 (3), approved and
authorized the SHERIFF to execute expenditure contracts to use 2016 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 July 1, 2016 to
December 31, 2017.
2.6 PARTIES agree to maintain documentation supporting all expenditures reimbursed
from R3 funds.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will reimburse,
and PARTIES will provide, a level of R3 services, as set forth in this Agreement.
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3. PURPOSE AND INTENT
The purpose of this Agreement is to satisfy the R3's goal of ensuring public safety in the post
AB 109 environment.
4. SCOPE OF SERVICES
4.1 Method of Service Delivery
SHERIFF will maintain the R3 funding and will be administratively responsible for
reimbursement of PARTIES' obligations under this Agreement.
4.2 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.
4.2.1 Framework of Operations
A Regional Realignment Response Group (R3 Group) is formed to oversee R3
Operations and Activities. The Membership of the Group will consist of the Designated
Coordinators of each PARTY, as outlined in Section 6.2.3. The R3 Group will meet
every 6 months to discuss and plan R3 Operations and Activities.
4.2.2 Regional Sub -Groups
Regional Sub -Groups are created for the Northern, Central, and Southern areas
of the County. The Regional Sub -Groups are 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.
5. TERM OF AGREEMENT
5.1 Initial Term
The term of this Agreement shall be July 1, 2016 and shall continue in effect through
and terminate at midnight on December 31, 2017 subject to the termination provision in
sections 5.2 and 5.3 below.
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5.2 Option to Extend
COUNTY shall have the option to renew this Agreement for successive one year
increments beyond December 31, 2017. Renewal or extension of the Agreement beyond
December 31, 2017 shall be subject to available funding.
5.3 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.
6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES
6.1 Anticipated Outcome
The anticipated outcome of the R3 Activities, 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.
6.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in
areas where realigned offenders reside, jurisdictions where they are 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.
6.1.2 Increase intelligence/information sharing among PARTIES, including but not
limited to the following activities:
(a) Utilize Criminal Intelligence Analysts, dedicated to the R3 program, located
at the San Diego Law Enforcement Coordination Center (SD-LECC). The SD-
LECC will serve as the centralized clearinghouse for information and
documentation of realigned offender post -release packets.
(b) Conduct meetings every 6 months with a minimum of one representative
from each PARTY.
(c) Increase information sharing during operations.
6.1.3 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.
6.1.4 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.
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6.1.5 At the conclusion of each shift (Operation) funded by R3, the Operation
Coordinator will email the following to R3G@sdsheriff.org:
(a) An OVERALL Operation Statistics Form
(b) All Daily Activity Report (DAR) Forms (from Deputies/Officers)
(c) A complete Operation Roster (includes all personnel assigned to operation
with sign in and sign out times)
6.2 Personnel Qualifications and Assignment
6.2.1 Qualifications
Each PARTY shall ensure that personnel it assigns to perform activities pursuant
to this Agreement meet the minimum qualification for their specific classification.
6.2.2 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.
6.2.3 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 4.2.2, perform the activities outlined in Section
6.1.5 and implement, as 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.
6.2.4 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.
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6.2.5 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.
7. COST OF SERVICES/CONSIDERATION
7.1 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 County Local Revenue Fund 2011, Community Corrections
Subaccount.
7.2 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, not to
exceed the amounts specified in Exhibit A —Agency Allocations.
7.3 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.
All requests for reimbursement shall be sent to:
San Diego County Sheriffs Department
Grants Unit (R3G)
P. O. Box 939062
San Diego, CA 92193-9062
7.3.1 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.
7.3.2 PARTIES shall provide payroll records for 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.
7.3.3 Within sixty (60) business days upon receipt of valid invoice and complete
documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to.
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7.3.4 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.
8. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT
8.1 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 (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 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.
8.2 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 that respective agency, 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 agency or any contract labor provider retained
by that respective agency.
8.3 Each non -County PARTY shall fully indemnify and hold harmless the other non -
County PARTIES, 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 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.
9. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE
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9.1 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.
9.2 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 9.4 below.
9.3 Joint Defense
Notwithstanding paragraph 9.2 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
section 9.4 below. PARTIES further agree that no PARTY may bind the others to a
settlement agreement without the written consent of the others.
9.4 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.
10. GENERAL PROVISIONS
10.1 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 Sheriffs Department
P. O. Box 939062
San Diego, CA 92193
7
Chief Probation Officer
Probation Department
9444 Balboa Avenue, Ste. 500
San Diego, CA 92123
To Non -County PARTIES:
Chief of Police Chief of Police
Carlsbad Police Department Chula Vista Police Department
2560 Orion Way 315 Fourth Avenue
Carlsbad, CA 92010 Chula Vista, CA 91910
Chief of Police Chief of Police
Coronado Police Department El Cajon Police Department
700 Orange Avenue 100 Civic Center Way
Coronado, CA 92118 El Cajon, CA 92020
Chief of Police Chief of Police
Escondido Police Department La Mesa Police Department
1163 North Centre City Parkway 8085 University Ave
Escondido, CA 92026 La Mesa, CA 91942
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
5:00p.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.
10.2 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.
10.3 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.
10.4 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
8
California. The headings and captions used in this Agreement are for convenience and ease
of reference only and shall not be used to construe, interpret, expand, or limit the terms of the
Agreement and shall not be construed against any one party.
10.5 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.
10.6 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.
10.7 Cooperation
COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith
to implement this Agreement.
10.8 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.
10.9 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 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.
10.10 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.
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10.11 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.
10.12 Termination of Funding
In the event that funding for reimbursement of costs related to R3 Activities is
terminated, 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.
10.13 Obligation
This Agreement shall be binding upon the successors of the PARTIES.
10.14 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 , 2016.
COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO
SHERIFF'S DEPARTMENT PROBATION DEPARTMENT
William D. Gore
Sheriff
CARLSBAD POLICE
DEPARTMENT
Neil Gallucci
Chief
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Adolfo Gonzales
Chief
CHULA VISTA
POLICE DEPARTMENT
David Bejarano
Chief
CORONADO POLICE
DEPARTMENT
Jon Froomin
Chief
ESCONDIDO POLICE
DEPARTMENT
Craig Carter
Chief
NATIONAL CITY
POLICE DEPARTMENT
Manuel Rodriguez
Chief
SAN DIEGO POLICE
DEPARTMENT
Shelley Zimmerman
Chief
Approved as to form and legality:
Mark Day
Senior Deputy
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CITY OF EL CAJON
Douglas Williford
City Manager
LA MESA POLICE
DEPARMENT
Walt Vasquez
Chief
OCEANSIDE POLICE
DEPARTMENT
Frank McCoy
Chief
CITY OF SAN DIEGO
Mayor Kevin Faulconer
or Designee
Approved as to form:
JAN GOLDSMITH, CITY ATTY.,
CITY OF SAN DIEGO
Linda L. Peter
Deputy City Attorney
RESOLUTION NO. 2016 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM
OF AGREEMENT WITH THE COUNTY OF SAN DIEGO (SAN DIEGO SHERIFF'S
DEPARTMENT AND PROBATION DEPARTMENT) AND MUNICIPAL LAW ENFORCEMENT
AGENCIES THROUGHOUT THE COUNTY, FOR PROGRAM SUPPORT OF THE REGIONAL
REALIGNMENT RESPONSE GROUP (R3), FOR THE PROGRAM PERIOD RETROACTIVE
FROM JULY 1, 2016 TO DECEMBER 31, 2017; 2) AUTHORIZING THE ACCEPTANCE &
ESTABLISHMENT OF APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET
FOR THE R3 GRANT IN THE AMOUNT OF $45,000
WHEREAS, as part of the State of California Realignment (AB 109), San Diego
County, through the Sherriff's Department, requested funds from the Community Corrections
Partnership ("CCP") to create a Regional Realignment Response Group ("R3"); and
WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014-
03, entering into a Memorandum of Understanding with the County of San Diego for program
support of R3; and
WHEREAS, R3 currently consists of the County of San Diego Sheriff's
Department and Probation Department (together referred to as "County") and the cities of
Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, and National City (the
"Parties"); and
WHEREAS, San Diego County, through the Sherriff's Department, received
funds from the State of California Local Revenue 2011, Community Corrections Subaccount to
continue the R3 program from July 1, 2016 through December 31, 2017; and
WHEREAS, the funds shall be used to support 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 and Post Release
Community Supervision Offenders released into San Diego County; and
WHEREAS, as part of this Agreement, the National City Police Department has
received $45,000 to conduct compliance and enforcement operations of violators.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Chief of Police to execute the Memorandum of Agreement
with the County of San Diego (San Diego Sheriff's Department and Probation Department) to
continue program support of the Regional Realignment Group.
BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of
grant funds in the amount of $45,000 to continue R3's primary goal of public safety to develop
and implement a targeted, proactive, intelligence -based approach to control and counteract the
risks associated with realigned offenders and Post Release Community Supervision Offenders
released into San Diego County from July 1, 2016 through December 31, 2017.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
establishment of fund appropriations and a corresponding revenue budget in the amount or
$45,000.
[Signature Page to Follow]
Resolution No. 2016 —
Page Two
PASSED and ADOPTED this 6'h day of September, 2016.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
RESOLUTION NO. 2016— 125
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM
OF AGREEMENT WITH THE COUNTY OF SAN DIEGO (SAN DIEGO SHERIFF'S
DEPARTMENT AND PROBATION DEPARTMENT) AND MUNICIPAL LAW ENFORCEMENT
AGENCIES THROUGHOUT THE COUNTY, FOR PROGRAM SUPPORT OF THE REGIONAL
REALIGNMENT RESPONSE GROUP (R3), FOR THE PROGRAM PERIOD RETROACTIVE
FROM JULY 1, 2016 TO DECEMBER 31, 2017; 2) AUTHORIZING THE ACCEPTANCE &
ESTABLISHMENT OF APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET
FOR THE R3 GRANT IN THE AMOUNT OF $45,000
WHEREAS, as part of the State of California Realignment (AB 109), San Diego
County, through the Sherriff's Department, requested funds from the Community Corrections
Partnership ("CCP") to create a Regional Realignment Response Group ("R3"); and
WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014-
03, entering into a Memorandum of Understanding with the County of San Diego for program
support of R3; and
WHEREAS, R3 currently consists of the County of San Diego Sheriff's
Department and Probation Department (together referred to as "County") and the cities of
Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, and National City (the
"Parties"); and
WHEREAS, San Diego County, through the Sherriff's Department, received
funds from the State of California Local Revenue 2011, Community Corrections Subaccount to
continue the R3 program from July 1, 2016 through December 31, 2017; and
WHEREAS, the funds shall be used to support 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 and Post Release
Community Supervision Offenders released into San Diego County; and
WHEREAS, as part of this Agreement, the National City Police Department has
received $45,000 to conduct compliance and enforcement operations of violators.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Chief of Police to execute the Memorandum of Agreement
with the County of San Diego (San Diego Sheriff's Department and Probation Department) to
continue program support of the Regional Realignment Group.
BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of
grant funds in the amount of $45,000 to continue R3's primary goal of public safety to develop
and implement a targeted, proactive, intelligence -based approach to control and counteract the
risks associated with realigned offenders and Post Release Community Supervision Offenders
released into San Diego County from July 1, 2016 through December 31, 2017.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
establishment of fund appropriations and a corresponding revenue budget in the amount or
$45,000.
[Signature Page to Follow]
Resolution No. 2016 — 125
Page Two
PASSED and ADOPTED this 6th day of Septe •.er, 016.
ATTEST:
PPROVED S TO FORM:
:Ialtag,
dia
City Attor
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
September 6, 2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
ii Ali
C erk of the C t of
City y nal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-125 of the City of National City, California, passed and
adopted by the Council of said City on September 6, 2016.
City Clerk of the City of National City, California
By:
Deputy