HomeMy WebLinkAboutCounty of San Diego; 2011-01-01; 527855AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND COUNTY OF SAN DIEGO
REGARDING THE GRAFFITI TRACKER PROGRAM
This Memorandum of Understanding ("Agreement") is made and entered into effective as of this
1st day of January 2011, by and between the City of Carlsbad, a municipal corporation ("CITY") and the
County of San Diego ("County"). The principle participating agency for the County is the San Diego
County Sheriff's Department ("Sheriff").
RECITALS
1. The County of San Diego ("County") has entered into Contract No. 527855 with Graffiti Tracker,
Inc. for the provision of graffiti tracker services to the County of San Diego Sheriffs Department
("Sheriff") authorized by the County of San Diego Board of Supervisors on December 9, 2008
(Item 5), with an Amendment No. 1 effective January 1, 2010 that exercised the first option year
and extended the term of the contract to December 31, 2010.
2. CITY desires these services and is willing to reimburse the Sheriff the cost of such services.
3. The County is willing to execute an Amendment No. 2 to Contract No. 527855 that will exercise
the second option year and final option period of six months to extend the contract to June 30,
2012 and add CITY as a recipient of the graffiti tracking services.
4. The use of the Graffiti Tracker Inc. system will benefit the County, the Sheriff and CITY by
providing electronic means of tracking acts of graffiti.
5. The County is authorized to enter into this Agreement with CITY pursuant to County of San Diego
Administrative Code section 123.
AGREEMENT
The County and CITY agree as follows:
CITY AGREES:
1. CITY agrees to pay to the County the sum of $7,875.00 for the full 18 months of Contract No.
527855 based on invoices CITY will receive from the Sheriff. Should for some reason Contract No.
527855 not be extended, CITY'S obligation shall be prorated.
2. CITY agrees to have assigned employees participate in the program by, reporting, documenting
and recording all acts of vandalism and submitting those recordings to the appropriate Law
Enforcement Agency participating in the Graffiti Tracker program.
THE COUNTY AGREES:
1. The County of San Diego will, at its sole discretion, exercise the second and third options on
Contract No. 527855, extending that contract to the latest date of June 31, 2012, and agrees to
have all City of Carlsbad property included in the scope of the contract.
2. The Sheriff will provide Digital GPS enabled cameras for the exclusive use of CITY for the purpose
of recording and documenting acts of vandalism on CITY property and assets;
3. The Sheriff agrees to accept reports from CITY for all areas where the Sheriff provides Law
Enforcement Services including its Contract Cities, and if the act occurs in a city that does not
participate in Graffiti Tracker, the Sheriff agrees to accept those reports directly from the CITY.
THE PARTIES MUTUALLY AGREE:
1. That all obligations of CITY under the terms of this Agreement are subject to the appropriation of
the required resources by CITY and the approval of the CITY Council or its authorized designee.
2. Any notice required or permitted under this Agreement may be personally served on the other
party, by the party giving notice, or may be served by certified mail, return receipt requested, to the
following addresses:
For CITY For San Diego County Sheriffs Department
Fiona Everett, Management Keith Spears, Contracts Manager
Analyst
Carlsbad Police Department San Diego Sheriffs Department
Administration Contracts Division
2560 Orion Way „„<„ D., . ~ ,* 9612 Ridgehaven Court
Carlsbad, CA 92010 San Diego, CA 92123
Office: 760.931.2279 Office - 858-974-2236
3. This Agreement shall continue in effect until June 30, 2012.
4. DEFENSE AND INDEMNIFICATION
a. Claims Arising From Sole Acts or Omissions of County
The County hereby agrees to defend and indemnify CITY its agents, officers and
employees (collectively "CITY") from any claim, action or proceeding against CITY,
arising solely out of the acts or omissions of County in the performance of this
Agreement. At its sole discretion, CITY may participate at its own expense in the defense
of any claim, action or proceeding, but such participation shall not relieve County of any
obligation imposed by this Agreement. CITY shall notify County promptly of any claim,
action or proceeding and cooperate fully in the defense.
b. Claims Arising From Sole Acts or Omissions of CITY
CITY hereby agrees to defend and indemnify the County, its agents, officers and
employees (collectively the "County") from any claim, action or proceeding against
County, arising solely out of the acts or omissions of CITY in the performance of this
Agreement. At its sole discretion, County may participate at its own expense in the
defense of any such claim, action or proceeding, but such participation shall not relieve
CITY of any obligation imposed by this Agreement. County shall notify CITY promptly of
any claim, action or proceeding and cooperate fully in the defense.
c. Claims Arising From Concurrent Acts or Omissions
County hereby agrees to defend itself, and CITY hereby agrees to defend itself, from any
claim, action or proceeding arising out of the concurrent acts or omissions of County and
CITY. In such cases, County and CITY 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 e below.
d. Joint Defense
Notwithstanding paragraph c above, in cases where County and CITY agree in writing to
a joint defense, County and CITY may appoint joint defense counsel to defend the claim
action or proceeding arising out of the concurrent acts or omissions of CITY and County
Joint defense counsel shall be selected by mutual agreement of County and CITY
County and CITY agree to share the costs of such joint defense and any agreed
settlement in equal amounts, except as provided in paragraph 5 below. County and CITY
further agree that neither party may bind the other to a settlement agreement without the
written consent of both County and CITY.
e. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of
the parties, County and CITY may seek reimbursement and/or reallocation of defense
costs, settlement payments, judgments and awards, consistent with such comparative
fault.
f. The indemnification provisions herein shall survive termination of the Agreement.
5. This Agreement shall be interpreted in accordance with the laws of the State of California. If any
action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a
state or federal court situated in the County of San Diego, State of California.
6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
7. For purposes of this Agreement, the relationship of the parties is that of independent entities and
not as agents of each other or as joint venturers or partners. The parties shall maintain sole and
exclusive control over their personnel, agents, consultants, and operations.
8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall
be binding on any of the parties hereto.
9. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in
third parties to this Agreement or affect the legal liability of the parties to this MOU to third parties.
10. This Agreement may be executed in any number of identical counterparts, each of which shall be
deemed to be an original, and all of which together shall be deemed to be one and the same
instrument when each party has signed one such counterpart.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective on the day
and year first written above.
CITY OF CARLSBAD, a municipal corporation
Gary Morrison
Chief of Police
COUNTY OF SAN DIEGO
THOMAS J. PASTUSZKA
Clerk of the Board
County of San Diego
\S TO FORM
Assistant CITY Attorney
APf?ED AS TO FORM AND LEGALITY:
WILLIAM E. PETTINGILL
Senior Deputy County Counsel