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HomeMy WebLinkAbout2018 CON MOA County of San Diego, Sheriff and Probation Depts. - Regional Realignment Response Group (R3) (2)NOTE TO FILE 09-03-2019 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 A COPY 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 Cheryl Newell From: Gregory Seward Sent: Monday, August 26, 2019 9:56 AM To: Cheryl Newell Cc: Derek Aydelotte; Rosie Machado Subject: RE: MOA - Regional Realignment Response Group (R3) Attachments: R3G MOA_Fully Executed _Jul 1 2017-Jun 30 2022.pdf Please see the attached as requested. From: Cheryl Newell Sent: Thursday, August 08, 2019 10:45 AM To: Derek Aydelotte <DAydelotte@nationalcityca.gov> Cc: Gregory Seward <GSeward@nationalcityca.gov> Subject: MOA - Regional Realignment Response Group (R3) Good Morning Sgt. Aydelotte, Last year, our office never received an original duplicate or copy of the fully executed MOA for Resolution No. 2018- 54. Is there any way we can get a copy forwarded to our office so that we can scan it in Questys? Right now, the A-200 packet for that item is scanned as incomplete in the Contracts database because it is missing the MOA. Thank you! Cheryl Newell Office of the City Clerk I City of National City 1243 National City Blvd. I National City, CA 91950 (619) 336-4227 I htto://www.nationalcityca.gov/home 1 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 1 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. # # 2 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. 3 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. 4 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. 5 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 Sheriff s 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, 6 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, 7 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, 8 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 San Diego County Sheriffs Department P. O. Box 939062 San Diego, CA 92193 # 9 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 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 Department 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. 10 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. 11 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 a ' PA t— , 2018. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT William D. Gore Sheriff COUNTY OF SAN DIEGO PROBATION DEPARTMENT Adolfo Gonzales Chief CARLSBAD POLICE DEPARTMENT CHULA VISTA POLICE DEPARTMENT ATTACHED Neil Gallucci Chief 12 ATTACHED Roxana Kennedy Chief 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 'D`t " day of ' PAL. , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Adolfo Gonzales Sheriff Chief CARLSBAD POLICE DEPARTMENT CHULA VISTA POLICE DEPARTMENT Neil Gallucci Chief 12 ATTACHED Roxana Kennedy Chief 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 SI IERIFF 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 ?-P2-%L- , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Adolfo Gonzales Sheriff Chief CARLSBAD POLICE DEPARTMENT CH J VISTA POLICE DEPARTMENT ATTACHED Neil Gallucci Ro an Chief Chief Kennedy 12 ORONADO POLICE DEPARTMENT CITY OF EL CAJON 41.10. Jon Froomin Chief ATTACHED Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief ATTACHED Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy 13 By Deputy City Attorney CORONADO POLICE DEPARTMENT CITY OF EL CAJOT ATTACHED Jon Froomin Doug s Williford Chief City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Chief Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy Paige E. Folkman Chief Deputy City Attorney 13 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED Jon Froomin Chief ATTACHED Douglas Williford City Manager ESCONDIpO PQLICE,DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carte — Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief ATTACHED Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy 13 By Deputy City Attorney CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY LICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED Manuel Ro • riguez Frank McCoy Chief Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy Paige E. Folkman Chief Deputy City Attorney 13 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief S Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 CORONADO POLICE DEPARTMENT CITY OF EL CAJON Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT Craig Carter Chief Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO Davi Nisleit e in au • n • r or designee Chief Mayor Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Mark Day Senior Deputy 13 Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY By Deputy City Attorney CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief ATTACHED Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL 4,/' 9z t$ Mark Day Senior Deputy 13 Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED By Deputy City Attorney 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. Dalt , 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 h ‘_,f)4/1 City lerk of the City of Nfational 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 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 20181 AGENDA ITEM NO. 19 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 APPROVED BY: Manuel Rodriguez ` -- FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 290-11647-3463 Expense: 290-411-647-1 * APPROVED: Li4444 Finance APPROVED: MIS (Other State Grants) $45,000 (Personnel) $45,000 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: taff Report iviOU Rkso%.',ar, - CALIFORNIA 4-+ DATE: SUBJECT: NATIONAL CITY` a c 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 �-{+- NAT ONAL CITY 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 1 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. 2 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. 3 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. 4 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. 5 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, 6 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, 7 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, 8 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 9 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 Department 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. 10 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. 11 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