HomeMy WebLinkAbout2018 CON MOA County of San Diego, Sheriff and Probation Depts. - Regional Realignment Response Group (R3)NOTE TO FILE
07-30-2019
IN THE MATTER OF: The 2018 MOU County of San Diego Sherriff and
Probation Depts. — Regional Realignment Response Group (R3) Agreement.
Please note the following:
NO FULLY EXECUTED ORIGINAL MOU 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
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 17, 20181
AGENDA ITEM NO.
9
TEM 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 Sheriffs 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, 2017 to June 30, 2022, and 2) authorizing the acceptance of the grant funds &
the establishment of an appropriation and corresponding revenue budget for the R3 grant in the amount of $45,000.
PREPARED BY:
PHONE: Ext. 4511
EXPLANATION:
Refer to Attachment.
Manuel Rodriguez, Chief of Police
DEPARTMENT: Police
+M�4�
APPROVED BY: Manuel Rodriguez 4,.
FINANCIAL STATEMENT:
ACCOUNT NO.
Revenue: 290-11647-3463
Expense: 290-411-647-1 *
APPROVED: Ll*f,r /e0./.6=Z-
APPROVED:
(Other State Grants) $45,000
(Personnel) $45,000
No net financial impact. Revenues off -set expenses.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Approve Resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
taff Report
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Reie eh;*, ao- 2-148-sy
CALIFORNIA M*
DATE:
SUBJECT:
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INCORPORATED
NATIONAL CITY POLICE DEPARTMENT
STAFF REPORT
April 3, 2018
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 Sheriff's
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, 2017 to June 30, 2022 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.
The National City Council passed and adopted the original Memorandum of
Agreement on September 6, 2016 (Resolution No. 2016-03) 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 was allocated and received grant funds in the amount of $45,000
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
CALIFORNIA ^{+
NATIONAL C1T,L
INCORPORATED
and the total expense has not been finished to support R3 and its primary goal of
public safety.
CURRENT AGREEMENT
The Memorandum of Agreement is in effect from July 1, 2017 through June 30,
2022 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 an amount to be determined but estimated at $45,000. The funds
shall be used to support R3 and its primary goal of public safety by developing
and 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.
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
AGREEMENT FOR THE
REGIONAL REALIGNMENT RESPONSE (R3) PROGRAM
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 (collectively the "CITIES"),
collectively the "PARTIES", for program support of the Regional Realignment Response
("R3").
1.1 Party Departments or Agencies Participating in the Agreement
1.1.1 For the COUNTY, participating agencies are the Sheriffs Department
("SHERIFF") and the Probation Department ("PROBATION").
1.1.2 For the CITIES, participating agencies are their respective police departments.
The services and obligations of PARTIES and their participating agencies are set forth
herein.
2. RECITALS
2.1 WHEREAS, in April 2011, Governor Edmund G. Brown, Jr. signed Assembly Bill
(AB) 109 to help California stop the costly, ineffective, and unsafe revolving door of
lower -level offenders and parole violators cycling in and out of state prisons. This
legislation gives local law enforcement the right and the ability to manage offenders in
smarter and cost-effective ways; and
2.2 WHEREAS, in December 2013, COUNTY through SHERIFF implemented the
Regional Realignment Response (R3) program in response to the passage of AB 109
and received funds from the State of California Local Revenue Fund 2011, Community
Corrections Subaccount and continues to receive funds annually to continue the R3
program; and
2.3 WHEREAS, in March 2014, PARTIES executed the Agreement for the 2013 Regional
Realignment Response (R3) for the initial term of December 31, 2013 through
December 31, 2014; and
2.4 WHEREAS, in January 2015, PARTIES executed Amendment No.1 where Paragraph
3.1 provides that "(t)he term of this Agreement shall be December 31, 2013 and shall
continue in effect through and terminate at midnight on December 31, 2015 subject to
the termination provision in sections 3.2..."; and
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2.5 WHEREAS, in May 2015, PARTIES executed Amendment No. 2 to increase each
CITY'S allocation for personnel overtime; and
2.6 WHEREAS, in August 2015, PARTIES executed Amendment No. 3 to extend the
Agreement from December 31, 2015 to June 30, 2016; and
2.7 WHEREAS, in October 2016, PARTIES executed the Agreement for the 2016
Regional Realignment Response (R3) for the initial term of July 1, 2016 through
December 31, 2017; and
2.8 WHEREAS, in June 2016, the COUNTY and the CITY OF EL CAJON executed
Amendment No. 4 to increase the CITY'S allocation for personnel overtime; and
2.9 WHEREAS, 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.
2.10 WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and
PARTIES, to contract with SHERIFF for provision of joint law enforcement services.
2.10.1 WHEREAS, COUNTY has requested PARTIES assistance in performing R3
operations and will reimburse PARTIES for overtime -only expenses incurred
collectively by PARTIES in R3 program operations not to exceed $1,000,000
during the term of the Agreement.
2.11 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning
the nature and extent of R3 collaboration, services rendered, and compensation.
2.12 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 3
dated June 28, 2016, approved and authorized the SHERIFF to enter into expenditure
contracts related to the R3 program and to reimburse overtime expenses incurred
collectively by PARTIES performing R3 program Operations in fiscal year 2016 and
subsequent years.
2.13 PARTIES agree to maintain documentation as required in paragraph 7.3 Method of
Payment, supporting all expenditures reimbursed from R3 program funds, for a period
of five years, with five years beginning the day after the end of the project period, e.g.,
if the end of the project period is June 30, 2018, five years begins July 1, 2018 and ends
June 30, 2023.
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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.
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 by the continued development and implementation of a targeted,
proactive, intelligence -based approach to control and counteract the risks associated with a
population of offenders placed under the responsibility of the county.
4. SCOPE OF SERVICES
4.1 Method of Service Delivery
SHERIFF will maintain the R3 program funding and will be administratively
responsible for coordination of PARTIES' obligations and reimbursement to PARTIES'
under this Agreement.
4.2 Overview of Basic Services
PARTIES will provide R3 operations ("Operations") in their designated areas of
jurisdiction and/or in coordination with other R3 PARTIES in order to counteract the
risks associated with realigned offenders released into San Diego County.
4.2.1 Framework of Operations
The Regional Realignment Response Group (R3G), consisting of designated
coordinators from each PARTY, as outlined in paragraph 6.2.3, will oversee R3
Operations and will meet every six (6) months to discuss and plan Operations.
4.2.2 Regional Sub -Group
Regional Sub -Groups (RSGs) are created for the Northern, Central, and Southern
areas of the County. The RSGs are responsible for planning and coordinating
allied or regional Operations involving two or more PARTIES. The RSGs are
composed of the following:
NORTHERN: A police lieutenant from the cities of Escondido, Carlsbad, and
Oceanside, a lieutenant from SHERIFF, and a supervising probation officer from
PROBATION.
CENTRAL: A police lieutenant from the cities of San Diego, El Cajon, and 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,
and Chula Vista, a lieutenant from SHERIFF, a commander from the city of
Coronado, and a supervising probation officer from PROBATION.
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5. TERM OF AGREEMENT
5.1 Initial Term
This Agreement shall be effective July 1, 2017 and shall continue in effect through and
terminate at midnight on June 30, 2022, or until terminated pursuant to sections 5.2,
subject to availability of funds, and 5.3 below.
5.2 Option to Extend
COUNTY shall have the option to renew this Agreement for successive one year
increments beyond June 30, 2022. Renewal or extension of the Agreement beyond
June 30, 2022 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 (90) days minimum written notice to the
other PARTIES. Lack of funding may also result in termination of this agreement
pursuant to section 10.13.
6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES
6.1 Anticipated Outcome
The anticipated outcome of the R3 Operations, 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 six (6) months with a minimum of one (1)
representative from each PARTY.
(c) Increase information sharing during Operations.
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6.1.3 Prior to R3 Operations, an Operations Plan must be approved by the
R3designated coordinators. The Operations Plan shall be submitted by the
operations coordinator via email to R3@sdsheriff.org at least seventy-two (72)
hours prior to the Operation.
6.1.4 At the conclusion of each R3 Operation, participating PARTY shall complete a
Daily Activity Report (DAR). The DAR will be submitted to the PARTY'S
designated coordinator.
6.1.5 The designated coordinator shall email the following to R3@sdsheriff.org:
(a) A completed OVERALL Operation Statistics form
(b) All completed DAR forms received from personnel
(c) A completed Operation Roster which includes all personnel assigned to the
Operation and sign in and sign out times.
6.2 Personnel Qualifications and Assignment
6.2.1 Qualifications
Each PARTY shall ensure that personnel assigned to perform Operations
pursuant to this Agreement meet the minimum qualification for their specific
classification.
6.2.2 Management, Direction and Supervision
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 the R3 program 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 engaged in
performing this Agreement.
6.2.3 Designated Coordinators
SHERIFF shall select and designate a coordinator who shall manage and direct
the R3 program. 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 outlined in Section 4.2, 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.
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6.2.4 Staffing for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective
personnel are provided to R3 program Operations 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.
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 program Operations under this agreement.
7. COST OF SERVICES/CONSIDERATION
7.1 General
As full consideration for the satisfactory performance and completion by PARTIES of
Operations set forth in this Agreement, COUNTY through SHERIFF shall reimburse
PARTIES for personnel assigned to perform R3 program Operations on the basis of
claims and submittals as set forth hereunder. Such payments by COUNTY through
SHERIFF are dependent on the continued availability of funds from the State of
California Local Revenue Fund, 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 program
Operations based upon available funding and the actual costs incurred by PARTIES to
provide Operations under this Agreement.
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
0-41 Grants Unit (R3)
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,
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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.
7.3.4 Each PARTY. is responsible for tracking the claims submitted by their agency to
ensure their total claim does not exceed the allocation for their agency.
8. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT AND
CLAIMS AND LIABILITY ISSUES
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,
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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
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 Independent Contractor Status
10.1.1 In the performance of services under this Agreement, COUNTY and CITIES
acknowledge and agree that COUNTY and its respective officers, agents
and/or employees shall be deemed independent contractors and not officers,
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agents or employees of CITIES; CITIES and their respective officers, agents
and/or employees shall be deemed independent contractors and not officers,
agents or employees of COUNTY. All such personnel provided by COUNTY
under this Agreement are under the direct and exclusive supervision, daily
direction, and control of COUNTY and COUNTY assumes full responsibility
for the actions of such personnel in the performance of services hereunder; all
such personnel provided by CITIES under this Agreement are under the direct
and exclusive supervision, daily direction, and control of their respective
agencies and each agency assumes full responsibility for the actions of such
personnel in the performance of services hereunder.
10.1.2 COUNTY and CITIES acknowledge and agree that COUNTY does not
control the manner and means of performing the work of CITIES' officers,
agents or employees who perform R3 program Operations, nor does
COUNTY have the right to hire or fire such officers, agents or employees.
CITIES do not control the manner and means of performing the work of
COUNTY officers, agents or employees who perform R3 program
Operations, nor do CITIES have the right to hire or fire such officers, agents
or employees.
10.1.3 COUNTY has no authority of any kind to bind CITIES, and CITIES have no
authority to bind COUNTY in any respect whatsoever, nor shall COUNTY act
or attempt to' act, or represent itself directly or by implication as an agent of
CITIES, or in any manner assume or create or attempt to assume or create any
obligation on behalf of or in the name of CITIES. CITIES shall not act or
attempt to act, or represent themselves directly or by implication as an agent
of COUNTY, or in any manner assume or create or attempt to assume or
create any obligation on behalf of or in the name of COUNTY.
10.2 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 Chief Probation Officer
San Diego County Sheriffs Department Probation Department
P. O. Box 939062 9444 Balboa Avenue, Ste. 500
San Diego, CA 92193 San Diego, CA 92123
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To non -County PARTIES:
Chief of Police
Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92010
Chief of Police
Coronado Police Department
700 Orange Avenue
Coronado, CA 92118
Chief of Police
Escondido Police Department
1163 North Centre City Parkway
Escondido, CA 92026
Chief of Police
National City Depai tinent
1200 National City Boulevard
National City, CA 91950
Chief of Police
San Diego Police Department
1401 Broadway
San Diego, CA 92101
Chief of Police
Chula Vista Police Department
315 Fourth Avenue
Chula Vista, CA 91910
Chief of Police
El Cajon Police Department
100 Civic Center Way
El Cajon, CA 92020
Chief of Police
La Mesa Police Department
8085 University Avenue
La Mesa, CA 91942
Chief of Police
Oceanside Police Department
3855 Mission Avenue
Oceanside, CA 92058
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.
10.3 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.
10.4 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.
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10.5 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 not be used to construe, interpret,
expand, or limit the terms of the Agreement and shall not be construed against any
one PARTY.
10.6 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.
10.7 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.
10.8 Cooperation
COUNTY through SHERIFF and non -County PARTIES will cooperate in good faith
to implement this Agreement.
10.9 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. COUNTY through SHERIFF will provide each non -County PARTY
with a copy of this Agreement once fully executed.
10.10 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 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.
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10.11 Representation
Each PARTIES' Chief, or their respective designee, shall represent their agency in all
discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall
represent SHERIFF in all discussions pertaining to this Agreement.
10.12 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 ten (10) business days
after receiving notice of the dispute to resolve the dispute.
10.13 Termination of Funding
In the event that funding for reimbursement of costs related to R3 program
Operations is terminated, this Agreement in its entirety shall be considered null and
void and PARTIES shall no longer be required to provide R3 program Operations as
described herein. In such event, COUNTY through SHERIFF shall notify all
PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by
the PARTIES, mutually develop and implement within a reasonable time frame, a
transition plan for the provision of R3 program Operations through alternate means.
10.14 Obligation
This Agreement shall be binding upon the successors of the PARTIES.
10.15 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 approve and agree to the terms of this
Agreement, such Agreement being effective July 1, 2017 and executed on this
day of , 2018.
COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO
SHERIFF'S DEPARTMENT PROBATION DEPARTMENT
William D. Gore Adolfo Gonzales
Sheriff Chief
CARLSBAD POLICE DEPARTMENT CHULA VISTA POLICE DEPARTMENT
Neil Gallucci Roxana Kennedy
Chief Chief
12
CORONADO POLICE DEPARTMENT
Jon Froomin
Chief
ESCONDIDO POLICE DEPARTMENT
Craig Carter
Chief
CITY OF EL CAJON
Douglas Williford.
City Manager
LA MESA POLICE DEPARTMENT
Walt Vasquez
Chief
NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT
Manuel Rodriguez
Chief
SAN DIEGO POLICE DEPARTMENT
David Nisleit
Chief
Approved as to form and legality:
SAN DIEGO COUNTY COUNSEL
Mark Day
Senior Deputy
Frank McCoy
Chief
CITY OF SAN DIEGO
Kevin Faulconer (or designee)
Mayor
Approved as to form:
MARA W. ELLIOTT, SAN DIEGO
CITY ATTORNEY
By Deputy City Attorney
13
RESOLUTION NO. 2018 —
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, 2017 TO JUNE 30, 2022, AND AUTHORIZING THE ACCEPTANCE
OF THE GRANT FUNDS, AND THE ESTABLISHMENT OF AN
APPROPRIATION AND 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 retroactive from July 1, 2017 through June 30, 2022; 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 is
expected to receive approximately $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 Response Group (R3).
BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of
grant funds in the approximate 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 retroactive from July 1, 2017 through
June 30, 2022.
Resolution No. 2018 —
Page Two
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
establishment of an appropriation and corresponding revenue budget for the R3 Grant in the
amount of $45,000.
PASSED and ADOPTED this 17th day of April, 2018.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
Ron Morrison, Mayor
RESOLUTION NO. 2018 — 54
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, 2017 TO JUNE 30, 2022, AND AUTHORIZING THE ACCEPTANCE
OF THE GRANT FUNDS, AND THE ESTABLISHMENT OF AN
APPROPRIATION AND 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 retroactive from July 1, 2017 through June 30, 2022; 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 is
expected to receive approximately $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 Response Group (R3).
BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of
grant funds in the approximate 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 retroactive from July 1, 2017 through
June 30, 2022.
Resolution No. 2018 — 54
Page Two
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
establishment of an appropriation and corresponding revenue budget for the R3 Grant in the
amount of $45,000.
PASSED and ADOPTED this 17th day of April, 2018.
ATTEST:
Michael R. Dall2f, City Clerk
APPROVED AS TO FORM:
Passed and adopted by the Council of the City of National City, California, on
April 17, 2018 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
il J
City lerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2018-54 of the City of National City, California, passed and adopted
by the Council of said City on April 17, 2018.
City Clerk of the City of National City, California
By:
Deputy