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HomeMy WebLinkAbout1986-06-03; City Council; Resolution 85801 2 6 7 8 9 10 11 1% 12 14 1: 2c 21 2; 21 2: 2t e RESOLUTION NO. 8580 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT PROVIDING FUNDING TO SANDAG FOR CONTINUING OPERATION OF THE REGIONAL CRIMINAL JUSTICE CLEARINGHOUSE WHEREAS, the City Council of the City of Carlsbad, California does hereby resolve as follows: 1. 2. That an Agreement establishing funding on a cooperative basis by the County of San Diego and the cities named therein to fund SANDAG's operation of the Regional Criminal Justice Clearinghouse, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 3rd day of June , 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None *dc?.-db& MARY H.$ASLER, Mayor ATTEST: L p4 L?b ALETHA L. RAUTENKRANZ, City CYerk ' (SEAL) EXHIBIT A AGREEMENT BETWEEN THE CITIES OF CARLSBAD, CHULA VISTA, CORONADO, EL CAJON, ESCONDIDO, LA MESA, NATIONAL CITY, OCEANSIDE, SAN DIEGO, THE COUNTY OF SAN DIEGO AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS TO FUND AND OPERATE THE REGIONAL CRIMINAL JUSTICE CLEARINGHOUSE This Agreement is entered into this&e day of & , 1986 by and between the cities of Carlsbad, Chula Vista, Coronado, ajon, Escondido, La Mesa, National City, Oceanside and San Diego (hereinafter referred to as "Cities"), the County of San Diego (hereinafter referred to as "County") and the San Diego Association of Governments (hereinafter referred to as "SANDAG"). WITNESSETH WHEREAS, the SANDAG Board of Directors and the San Diego Criminal Justice Council have approved a proposal to continue the operation of the Re- gional Criminal Justice Clearinghouse (hereinafter referred to as "Clearinghouse") which has been previously funded by the County on a pilot basis; and WHEREAS, a formula for funding the Clearinghouse was also approved, whereby the County of San Diego will be responsible for two-thirds of the total cost and the cities not served by the Sheriff for one-third of the cost; and WHEREAS, the Clearinghouse provides accurate and timely information to assist local decision-makers in developing crime control policies and such information resource needs to be maintained on a continuing basis; and WHEREAS, the San Diego County Police Chiefs and Sheriff's Asso- ciation supports the Clearinghouse and continued funding for it; NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein express, the parties agree as follows: 1. Definitions The following terms shall have the meanings ascribed to them. a. b. C. d. "Population" of any city shall mean that population last determined for a city as certified by the State Department of Finance during April of each year. "Fiscal Year" shall mean that year beginning July 1, and ending June 30. "Local Agency or Agencies" shall mean the cities in the County of San Diego not served by the Sheriff's Department and the County of San Diego. "Cities" shall mean the cities in the County of San Diego that are not served by the Sheriff. 1 7 4 J 2. Agreements The Local Agencies hereby agree to fund the Clearinghouse in accordance with the established formula, and SANDAG hereby agrees to provide the professional services of the Clearinghouse as set forth herein. 3. Scope of Services SANDAG shall provide the services set forth in Attachment A entitled "Criminal Justice Clearinghouse" which is hereby incorporated by reference as if fully set forth herein. In addition, the Clearinghouse shall provide Local Technical Assis- tance to the Local Agencies on criminal justice matters in accordance with the SANDAG Local Technical Assistance policy. 4. Term of Agreement This Agreement shall commence on July 1, 1986 if all Local Agencies have ap- proved it and will continue until either of the following occurs: Any Local Agency which has agreed to fund the Clearinghouse gives notice in accordance with Sec- tion 8 of this Agreement that it no longer intends to continue the Agreement or the Local Agency fails to appropriate funds in subsequent years' budgets to fund the operation of the Clearinghouse. 5. Compensation The Local Agencies agree to pay to SANDAG the approximate sum listed below for fiscal year 1986-87. This approximate amount will be verified and adjusted by applying the formula included in Section 9 herein to the January 1, 1986 popu- lation totals when they are certified in April 1986, and the amount set forth in accordance with Section 9 herein in each subsequent fiscal year this Agreement remains in effect. Regional Criminal Justice Clearinghouse Funding Approximate Amount Based on 1/1/85 Population Cities Approximate Amount Carlsbad Chula Vista* Coronado El Cajon Escondido La Mesa National City 0 ceanside San Diego County of San Diego $1,485 658 2,670 2,526 1,738 1,705 3,777 3,059 32;382 $50,000 100,000 $150,000 * Montgomery annexation included in estimate. 2 4 6. Availability of Funds The Local Agencies' obligation for payment under any agreement beyond the initial fiscal year end is contingent upon the availability of funds from which payment can be made. No legal liability on the part of a Local Agency shall arise for payment beyond June 30, 1987 unless funds are made available for such pur- pose. 7. Termination Any Local Agency may terminate this Agreement by giving at least 30 days written notice prior to June 30th of each year of such termination. Such termi- nation shall be effective on June 30th of that year. 8. Method of Payment No later than April 1 of each year SANDAG shall approve a preliminary budget which shall include an estimate of the amount due from Local Agencies to fund the Clearinghouse. No later than June 1 of each year SANDAG shall approve a final budget which shall include the exact amount (based on certified population) due from Local Agencies. The County shall pay two-thirds of this amount and the Cities shall pay one-third to be divided among them in accordance with the formula set forth in Section 9. Payment of this determined sum of money shall be made by Local Agencies by July 15 of each year. 9. Formula The amount of payment shall be computed on an annual basis as follows: a. The SANDAG Board of Directors shall determine and approve the amount of funding necessary to operate the Clearinghouse for the upcoming year and include that amount in the preliminary and final SANDAG budget. The County of San Diego shall pay two-thirds of that amount. b. c. The remaining one-third shall be divided among the Cities on a popu- lation basis, using the percent of population each city bears to the population of all Cities as the percent of the one-third share each city shall pay. 10. Amendment / w- This Agreement may be amended only by written agreement of the parties hereto, except that the SANDAG Board of Directors may amend the Scope of Work set forth in Attachment A. Amendment to the Scope of Work shall be included in the SANDAG Overall Work Program which is submitted to all Local Agencies prior to approval. 11. Additional Participating Cities Any newly incorporated city not served by the Sheriff, or city currently served by the Sheriff who establishes its own police department may become a party to this Agreement by passing a resolution agreeing to the terms and conditions herein effective on July 1 of the next fiscal year. 12. SANDAG's Employees and Equipment SANDAG agrees that SANDAG has secured or will secure at SANDAG's own expense all persons, employees and equipment required to perform the services required under this Agreement, and that all such services will be performed by SANDAG, or under SANDAG's supervision, by persons authorized by law to per- form such services. SANDAG shall exonerate, indemnify, and hold harmless Local Agency from and against any and all loss, damage or expense, by reason of any act of omission of any employee, servant or agency of SANDAG, and SANDAG agrees to defend, at SANDAG's own expense, any suit or suits that may be brought against Local Agency by reason of any such act or omission. 13. Audit and Inspection of -Records At any time during normal business hours and as often as Local Agency may deem necessary, SANDAG shall make available to Local Agency for examination at reasonable locations within the County of San Diego all of SANDAG's data and records with respect to all matters covered by this Agreement and SANDAG will permit Local Agency to audit, examine and make excerpts of transcripts from such data and records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. SANDAG shall maintain such data and records in an accessible location and con- dition for a period of not less than four years following receipt of final payment under this Agreement unless Local Agency agrees in writing to an earlier dispo- sition. 14. Affirmative Action SANDAG, SANDAG's subcontractors and suppliers, if any, shall comply with the Affirmative Action Program of Local Agencies. as required. 15. Assignability SANDAG shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Local Agencies thereto; provided, however, that claims for money due or to become due to SANDAG from Local Agencies under this Agree- ment may be assigned without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Agencies. 16. Interest of SANDAG. SANDAG covenants that SANDAG presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. SANDAG further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by SANDAG under this Agreement. 4 17. Insurance and Hold Harmless Agreement SANDAG agrees to maintain such insurance as will fully protect both SANDAG and Local Agencies from any and all claims under any workmen's compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from operations carried on under this Agreement, either by *SANDAG, any subcontractor or by anyone directly or in- directly engaged or employed by either of them. SANDAG shall exonerate, in- demnify and hold harmless Local Agencies from and against, and shall assume full responsibility for payment of, all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to SANDAG and SANDAG's employees engaged in perfor- mance of this Agreement. Local Agency and its agents and employees shall not be, nor be held liable for any liabilities, penalties, or forfeitures, or for any damage to the goods, properties or effects of SANDAG, or of any other persons whatsoever, nor for personal injury to or death of them, whether caused by or resulting from any negligent act or omission of SANDAG. The provisions of this paragraph do not relieve the Local Agency of Local Agency's liability for damage to SANDAG caused by negligent acts or omissions. SANDAG further agrees to defend, indemnify and hold harmless Local Agency and Local Agency's agents and employees, against and from any and all of the foregoing liabilities, and any and all costs or expenses incurred by Local Agency on account of any claim there- fore. SANDAG agrees to assume the foregoing obligations and liabilities, by which SANDAG shall defend, indemnity and hold Local Agency harmless from all claims arising by reason of the work done or by reason of any act or omission of SANDAG. 18. Notice Any notice or notices required or permitted to be given pursuant to this Agree- ment may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested. Notices to Local Agencies shall be sent to the City Manager/County Adminis- trative Officer and notices to SANDAG shall be sent to the Executive Director. 19. Independent Contractor It is agreed that Local Agency is interested only in the results obtained and that SANDAG shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. SANDAG shall complete this Agreement according to SANDAG's own means and methods of work which shall be in the exclusive charge and control of SANDAG which shall not be subject to control or supervision by Local Agency except as to the results of the work. SANDAG is, for all purposes arising out of this Agree- ment, an independent contractor, and neither SANDAG nor SANDAG's employees shall be deemed an employee of Local Agency. It is expressly understood and agreed that SANDAG and SANDAG's employees shall in no event be entitled to any benefits to which Local Agency employees are entitled, including, but not limited to, overtime, any retirement benefits, workmen's compensation benefits, and injury leave or other leave benefits. 5 7 20. Governing Law This agreement shall be construed and interpreted according to the laws of the State of California. 21. Complete Agreement It is expressly understood and agreed that this Agreement constitutes the entire agreement between SANDAG and Local Agencies and in no event shall Local Agencies be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. IN WITNESS THEREOF Local Agencies and SANDAG have executed this Agreement as of the date first written above. 6 e ATTACHMEXT A CRIMINAL JUSTICE CLEARINGHOUSE OBJECTIVES: This project will compile, analyze and disseminate regional, systemwide criminal justice information to assist in operational and policy level decisionmaking, and provide additional timely and accurate information as needed to address specific issues. BENEFITS o Development of crime control policy based on consistent, reliable systemwide data. o Increased knowledge of 'what works' in criminal justice. o An independent, objective mechanism for assessing effectiveness of change strategies in criminal justice. o TASKS One centralized source for regional crime and justice data. Systemwide Data Analysis o Collect, analyze and disseminate crime and justice system data from law enforcement agencies, prosecutor, probation and the courts. o Delineate trends and patterns in crime data and response by system compo- nents. o Conduct quality control audits on sample data and make recommendations to improve accuracy of biformatioa o 'Identify inconsistencies and gaps in systemwide justice processing. Research, Problem-Solvinp and Technical Assistance o Examine criminal justice issues that have regionwide impact (e.g., jail over- crowding, affect of undocumented aliens in justice system, impact of tourism on crime rates). o Assist police agencies in assessing crime reduction strategies (e.g., neighbor- hood watch, crime-specific task forces). o Conduct marveys for member agencies (e.g., actual crime victimization vs. reported crime; citizen surveys of satisfaction with police services; public opinion polls regarding public aafety issues). Develop community profiles correlating sociodemographic factors with crime data. o o Canduct short-term assessments of specific crime and justice issues. 1 Legislative Review o Review proposed and enacted criminal justice legislation. o Identify regional impact. o Alert policymakers and criminal justice administrators regarding significant fiscal, policy or procedural changes. Resource and Reference Respond to requests for current and historical data relative to crime trends and system response. Maintain up-todate information on current funding sources for criminal justice. Assist police and other justice agencies in responding to grant applications. Seek federal and state funding for long-term rtudies that have regional impli- cations. 2