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2014-01-14; City Council; 21475; Approval Agreement 2013 Regional Realignment Response and Acceptance of Funds from San Diego for AB109 Enforcement
CITY OF CARLSBAD - AGENDA BILL AB# 21.475 APPROVAL OF AGREEMENT FOR THE 2013 REGIONAL REALIGNMENT RESPONSE (R3) AND ACCEPTANCE OF FUNDS FROM THE CITY OF SAN DIEGO FOR AB109 ENFORCEMENT DEPT. DIRECTOR c^^i-^^rjT" MTG. 01/14/14 APPROVAL OF AGREEMENT FOR THE 2013 REGIONAL REALIGNMENT RESPONSE (R3) AND ACCEPTANCE OF FUNDS FROM THE CITY OF SAN DIEGO FOR AB109 ENFORCEMENT CITY ATTY. ^^^^ DEPT. POLICE APPROVAL OF AGREEMENT FOR THE 2013 REGIONAL REALIGNMENT RESPONSE (R3) AND ACCEPTANCE OF FUNDS FROM THE CITY OF SAN DIEGO FOR AB109 ENFORCEMENT CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2014-006 authorizing the Chief of Police to execute the Regional Realignment Response (R3) Memorandum of Agreement, a regional law enforcement agreement to use shared funds from the State of California to enforce AB109, and authorizing the Administrative Services Director to appropriate reimbursement funds when received from the County of San Diego. Adopt Resolution No. 2014-007 accepting funds from the City of San Diego to conduct AB109 enforcement in the City of Carlsbad. ITEM EXPLANATION: In October 2011, the State of California enacted AB109, a corrections realignment plan, which transfers the responsibility for low-level prison inmates from the state corrections system, to county/local systems. In November 2012, California voters approved Proposition 30 which created a constitutional amendment to provide ongoing funding to the counties for the realignment plan. The amendment prohibits the Legislature from reducing or removing funding to the counties. As a result of this legislation, the San Diego County Sheriff's Department received $1,000,000 from the State of California Board of State and Community Corrections to enforce AB109, and is authorized to execute expenditure contracts to reimburse participating cities. The Sheriff's Department has drafted an agreement between county law enforcement agencies entitled Regional Realignment Response (R3). The primary goal of the agreement is to enhance public safety by developing and implementing a targeted, proactive, intelligence-based approach to counteract the risks associated with realigned offender released into San Diego County. Additionally, the City of San Diego received $1,946,230 from the State of California to be shared among San Diego County jurisdictions, based on population size. The City of Carlsbad Police Department will receive $125,057. These funds will be used by the Police Department to conduct additional enforcement activity with regard to AB109 realigned offenders in the city. DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • FISCAL IMPACT: The San Diego County Sheriffs Department received $1,000,000 from the State of California to enforce AB109, and is authorized to execute expenditure contracts to reimburse participating cities for overtime costs associated with the R3 program. Staff will monitor overtime expenditures and reimbursement processes for this agreement on a monthly basis. The agreement is cost neutral to the city. The Administrative Services Director will be authorized to appropriate reimbursement funds when received from the County to offset the additional overtime costs associated with this program. The City of Carlsbad will receive $125,057, in two installments of $58,181 and $66,876, from the City of San Diego. This amount is Carlsbad's share of $1,946,230 received, based on a disbursement by population size. These funds will be used by the Police Department to conduct additional enforcement activity with regard to AB109 realigned offenders in the city. Staff will monitor use and expenditure of these funds. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2014-006 authorizing the Chief of Police to execute the Regional Realignment Response (R3) Memorandum of Agreement, and authorizing the Administrative Services Director to appropriate reimbursement funds when received from the County of San Diego. 2. Resolution No. 2014-007accepting funds from the City of San Diego to conduct AB109 enforcement in the City of Carlsbad. 3. Agreement for the 2013 Regional Realignment Response (R3) 4. City of San Diego Resolution accepting AB109 funds 5. Letter from City of San Diego regarding first disbursement of AB109 funds 6. Letter from City of San Diego regarding second disbursement of AB109 funds ^SCHiiS. IT 3U 1 RESOLUTION NO. 2014-006 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE POLICE CHIEF OR DESIGNEE TO EXECUTE, IN THE NAME OF THE CITY OF CARLSBAD, THE 4 AGREEMENT FOR THE 2013 REGIONAL REALIGNMENT RESPONSE (R3), TO ENHANCE PUBLIC SAFETY BY FOCUSING ON REALIGNED 5 OFFENDERS RELEASED IN SAN DIEGO COUNTY. 6 7 WHEREAS, the State of California enacted AB109 in October 2011, a corrections 8 realignment plan, which transfers the responsibility for low-level prison inmates from the state ^ corrections system, to county/local systems; and WHEREAS, in November 2012, California voters approved Proposition 30 which created a constitutional amendment to provide ongoing funding to the counties for Realignment; and WHEREAS, as a result of this legislation, the San Diego County Sheriff's Department 10 11 12 13 14 received $1,000,000 from the State of California Board of State and Community Corrections to 15 enforce AB109, and is authorized to execute expenditure contracts to reimburse participating cities; and WHEREAS, the Regional Realignment Response (R3) agreement has been drafted between county law enforcement agencies, with a primary goal to enhance public safety by developing and implementing a targeted, proactive, intelligence-based approach to counteract 21 the risks associated with realigned offender released into San Diego County; and 22 WHEREAS, the City of Carlsbad Police Department will be one of the participating 23 agencies in the R3 agreement. 24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 25 California, as follows that: 26 27 1. The above recitations are true and correct. 28 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The R3 agreement will reimburse participating cities for overtime associated with the program. The agreement is cost neutral to the city. 3. That the Chief of Police, or designee, is authorized to' execute any and all documentation associated with Regional Realignment Response (R3) Agreement, which is designed to counteract the risks associated with realigned offender released into San Diego County. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of Januarv 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn. None. ABSENT: Council Member Douglas. MATT HALL, Mayor ATTEST: C BARBARA ENGLESONf City Clerk r7/H lEfTZ, 1 RESOLUTION NO. 2014-007 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO ACCEPT FUNDS FROM THE CITY OF SAN DIEGO TO 4 CONDUCT AB109 ENFORCEMENT IN CARLSBAD. 3 WHEREAS, the State of California enacted AB109 in October 2011, a corrections 5 6 7 realignment plan, which transfers the responsibility for low-level prison inmates from the state 8 corrections system, to county/local systems; and ^ WHEREAS, in November 2012, California voters approved Proposition 30 which created a constitutional amendment to provide ongoing funding to the counties for Realignment; and WHEREAS, as a result of this legislation, the City of San Diego received $1,946,230 from the State of California to be shared among San Diego County jurisdictions, based on population 10 11 12 13 14 size; and 15 WHEREAS, Carlsbad's share of these funds will be used by the Police Department to conduct additional enforcement activity with regard to AB109 realigned offenders in the city. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 16 17 18 19 20 21 2. The City of Carlsbad will receive $125,057 from the City of San Diego. These funds will be used by the Police Department to conduct additional enforcement activity with regard to AB109 realigned offenders in the city. 3. That the Administrative Services Director is authorized to accept and appropriate 22 23 24 25 25 $125,057 to the General Fund when received from the City of San Diego to conduct 27 AB109 enforcement in the City of Carlsbad 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 14th day of Januarv 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn. None. ABSENT: Council Member Douglas. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATT HALL, Mayor ATTEST: BAF^Piy|\P/^ ENGLESON, 0ty '''fill £t(4i6'r2> AGREEMENT FOR THE 2013 REGIONAL REALIGNMENT RESPONSE (R3) PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response Group ("R3"). For the COUNTY, participating agencies are the Sheriffs Department and the Probation Department. For the CITIES, participating agencies are the police departments. RECITALS R.1 COUNTY through SHERIFF requested and received funds from the Community Corrections Partnership (CC?) to create a Regional Realignment Response Group (R3). R.2 Funds shall be used to support the 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 (which include those sentenced pursuant to Califomia Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)B) PC and Post Release Community Supervision Offenders) released into San Diego County. R.3 Govemment Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. R.4 PARTIES desire to enter into an agreement with provisions conceming the nature and extent of R3 collaboration, services rendered, and compensation; and R.5 COUNTY, by action of the Board of Supervisors on January 7, 2014, approved and authorized the SHERIFF to execute expenditure contracts to use FY2013 R3 funds to reimburse all PARTIES for overtime expenses incurred in R3 activities not to exceed the amounts described in Exhibit A - Agency Allocations, during the project period December 1, 2013 through December 31, 2014; and R.6 PARTIES agree to maintain documentation supporting all expenditures reimbursed from R3 funds. NOW THEREFORE, for consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will fund, and PARTIES will provide, a level of R3 services, as set forth in this Agreement. AGREEMENT 1. Purpose And Intent The purpose of this Agreement is to satisfy the R3 proposal submitted to and awarded by the Community Corrections Partnership. 2. SCOPE OF SERVICES 2.1 Method of Service Delivery SHERIFF will maintain the R3 funding and will be administratively responsible for reimbursement of PARTIES' obligations under this Agreement. . 2.2 Overview Of Basic Services PARTIES will provide R3 activities ("Activities") in their designated areas of jurisdiction and/or in coordination with other R3 partner agencies in order to counteract the risks associated with realigned offenders released into San Diego County. 2.2.1 Framework of Operations A Regional Realigimient Response Group (R3 Group) will be created to oversee R3 Operations and Activities. The Membership of the Group will consist of the Designated Coordinators of each PARTY, as outlined in Section 4.2.3. The R3 Group will meet regularly to discuss and plan R3 Operations and Activities. Regional Sub-Groups will be created for the Northem, Central and Southem areas of the County. The Regional Sub-Groups will be responsible for the planning and coordination of allied or regional operations involving two or more PARTIES. Membership of the Regional Sub-Groups is as follows: NORTHERN: A Police Lieutenant from the cities of Escondido, Carlsbad, Oceanside, a Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION. CENTRAL: A Police Lieutenant from the cities of San Diego, El Cajon, La Mesa, a Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION. SOUTHERN: A Police Lieutenant from the cities of San Diego, National City, Chula Vista, a Lieutenant from SHERIFF, a Commander from the City of Coronado and a Supervising Probation Officer from PROBATION. 3. TERM OF AGREEMENT 3.1 Initial Term The term of this Agreement shall be December 31,2013 and shall continue in effect through and terminate at midnight on December 31, 2014 subject to the termination provision in section III. B. and III. C. below. 9 3.2 Option to Extend Renewal or extension of the Agreement beyond December 31, 2014 shall be subject to available funding. 3.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety-day (90) minimum written notice to the other PARTIES. 4. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 4.1 Anticipated Outcome The anticipated outcome of the R3 Activities to be 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. 4.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in areas where realigned offenders reside, jurisdictions where they have been released, and areas they are known to frequent. This patrol presence will include 4^ 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. 4.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: 10 4.1.2.1 Utilize Criminal Intelligence Analysts, dedicated to the R3 program, located at the County's Law Enforcement Coordination Center (LECC). The LECC will serve as the centralized clearinghouse for information and documentation of realigned offender post-release packets. 4.1.2.2 Conduct bi-monthly meetings with a minimum of one representative from each PARTY. 4.1.2.3 Increase infonnation sharing during operations. 4.1.3 Prior to R3 "Activities", or Operations, an Operations Plan must be approved by the Regional Realignment Response Group. The Operations Plan is to be submitted by the Operations Coordinator via email to R3 G@sdsheriff org at least 72 hours prior to the operation. 4.1.4 At the conclusion of each shift (Operation) funded by Regional Realignment Response (R3), law enforcement officers in each agency will complete a Daily Activity Report (DAR). The DAR will be submitted to the agency's designated Operation's Coordinator. 4.1.5 At the conclusion of each shift (Operation) fimded by R3, the Operation Coordinator will email the following to R3 G(a) sdsheriff.org: 4.1.5.1 An OVERALL Operation Statistics Form 4.1.5.2 All Daily Activity Report (DAR) Forms (from Deputies/Officers) 4.1.5.3 A complete Operation Roster (includes all personnel assigned to operation with sign in and sign out times) II 4.2 Personnel Qualifications And Assignment 4.2.1 Qualifications Each PARTY shall ensure that personnel it assigns to perform activities pursuant to this Agreement meet the minimum qualification for their specific classification. 4.2.2 Management Direction and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY'S personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY'S sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to R3 by this AGREEMENT. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY'S personnel. Each PARTY and its respective officers, agents and employees are independent contractors and are not officers, agents and employees of any other PARTY. Each PARTY'S personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY. 4.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3. Each other PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each PARTY shall represent their agency on the R3 Group outlined in Section 2.2.1, perform the activities outlined in Section 4.1.5 and implement, as 12 needed, appropriate procedures goveming 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 conceming implementation of this Agreement. 4.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to R3 Activities at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 4.2.5 Equipment and Supplies Each PARTY will supply its own personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3 Activities under this agreement, unless otherwise specified in Exhibit C. 5. COST OF SERVICES/CONSIDERATION 5.1 General As full consideration for the satisfactory performance and completion by PARTIES of Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 Activities on the basis of claims and submittals as set forth herexmder not to exceed the amounts specified in Exhibit A - Agency Allocations. . Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the Community Corrections Partnership (CCP). 5.2 Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform R3 Activities based upon the actual costs incurred by PARTIES to provide Activities under this Agreement. 5.3 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 to: San Diego County Sheriffs Department, Grants Unit, Ref: CCP, P. O. Box 939062, SanDiego, CA92193. 5.3.1 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 tme and correct. 5.3.2 PARTIES shall provide payroll records for each and every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date overtime worked and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 5.3.3 Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 5.3.4 Each PARTY is responsible for tracking the claims submitted by their agency to ensure the total claims do not exceed the Agency allocations provided in Exhibit A. 6. INDEMNIFICATION RELATED TO WORKERS COMPENSATION. EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 1^ 6.1 Workers Compensation And Employment 6.1.2 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 attomeys' 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. 6.1.2 Each Non-County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attomeys' 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 the Non-County party, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 5 6.2 Indemnification Related To Acts Or Omissions; Negligence 6.2.1 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. 6.2.2 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 6.2.4 below. 6.2.3 Joint Defense Notwithstanding paragraph 6.2.2 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 paragraph 4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 10 6.2.4 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. 7. GENERAL PROVISIONS 7.1 Notices Any notice, request, demand or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriffs Department P. O. Box 939062 SanDiego, CA 92193 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 Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police Escondido Police Department Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police El Cajon Police Department 100 Fletcher Pkwy El Cajon, CA 92020 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police 11 17 La Mesa Police Department La Mesa, CA 91942 8085 University Ave Chief of Police Chief of Police National City Department Oceanside Police Department 1200 National City Blvd 3855 Mission Ave National City, CA 91950 Oceanside, CA 92058 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.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 ovemight courier, if sent by ovemight courier for next business day delivery and otherwise when actually received. 7.2 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 7.3 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and Non-County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 7.4 Construction This Agreement will be deemed to have been made and shall be constmed, interpreted, govemed, and enforced pursuant to and in accordance with the laws of the State of Califomia. The headings and captions used in this Agreement are for convenience and ease of reference only and shall 12 not be used to constme, interpret, expand, or limit the terms of the Agreement and shall not be constmed against any one party. 7.5 Waiver A waiver by COUNTY or Non-County PARTIES of a breach of any ofthe covenants to be performed by COUNTY or Non-County PARTIES shall not be constmed as a waiver of any succeeding breach ofthe 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. 7.6 Authority to Enter Agreement COUNTY and Non-County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 7.8 Cooperation COUNTY through SHERIFF and Non-County PARTIES will cooperate in good faith to implement this Agreement. 7.9 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 instmment. 7.10 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 13 1^ be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. Ifthe 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 ofthe 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. 7.11 Representation PARTIES' Chief, or their respective designee, shall represent PARTIES in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 7.12 Dispute Resolution Concerning Services and Payment In the event of any dispute conceming services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within 10 (ten) business days after receiving notice of the dispute to resolve the dispute. 7.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 Activities is terminated by the CCP, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide R3 Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 Activities through altemate means. 7.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 14 20 7.15 California Law This Agreement is executed and delivered within the State of Califomia and the rights and obligations ofthe PARTIES hereto shall be constmed and enforced in accordance with, and govemed by the laws of the State of Califomia. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2013. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT COUNTY OF SAN DIEGO PROBATION DEPARTMENT William D. Gore Sheriff Mack Jenkins Chief CARLSBAD POLICE DEPARTMENT Gary Morrison Chief CHULA VISTA POLICE DEPARTMENT David Bejarano Chief CORONADO POLICE DEPARTMENT EL CAJON POLICE DEPARTMENT Jon Froomin Chief Jim Redman Chief 15 ESCONDIDO POLICE DEPARTMENT LA MESA POLICE POLICE DEPARTMENT Craig Carter Chief Ed Aceves Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO William Lansdowne Chief Mayor Todd Gloria (Interim) or Designee Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Approved as to form and legality: JAN GOLDSMITH, CITY ATTY., CITY OF SAN DIEGO William L. Pettingill Senior Deputy Linda L. Peter Deputy City Attomey APPROVED AS TO FORM 16 Exhibit A Agency Allocations for Regional Realignment Response Group (R3G) Coronado Police Department $26,200 Oceanside Police Department $53,995 La Mesa Police Department $46,411 San Diego Police Department $177390 El Cajon Police Department $41,865 Chula Vista Police Department $75,507 National City Police Department $31,539 Escondido Police Department $139,283 Probation Department $55,744 Carlsbad Police Department $25,213 Sheriff $218,010 Total Agency Allocations $891,157 Contingency $108,843 Total R3G Allocation $1,000,000 (R-2014-45) RESOLUTION NUMBER R- 308391 DATE OF FINAL PASSAGE AUG 0 5 2013 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN DIEGO ACCEPTING AB 109 GRANT FUNDS FOR SAN DIEGO POLICE DEPARTMENT FRONT-LINE INTERVENTION SERVICES. WHEREAS, in 2011, Governor Edmund G. Brown, Jr. signed Assembly Bill (AB) 109, also known as the Public Safety Realignment Act; and WHEREAS, the object ofthe bill was to reduce the population of low-level inmates cycling in and out of state prisons as ordered by the United States Supreme Court; and WHEREAS, non-violent, non-serious, and non-sex offenders would serve their sentences in county jails instead of state prisons; and WHEREAS, today the impact of this action is being felt at the local level as parolees are being released to Post-Release Community Supervision coordinated by the San Diego County Chief Probation Officer in cooperation with each local police agency; and WHEREAS, prior to AB 109, these parolees would have remained under state parole supervision; and WHEREAS, subsequentiy the Govemor and State Legislature included $24,000,000 in the state's 2013-2014 fiscal year budget to be distributed to cities and counties through the state; and WHEREAS, this allotment (referred to as AB 109 funds) is intended to help local agencies address the need for front-line intervention services as a result ofthe increased burden on local police departments/sheriffs for Post-Release Community Supervision; and -PAGE 1 OF 4- Document Number: 596238_2 (R-2014-45) WHEREAS, the state authorized the Board of State and Community Corrections (BSCC), in consultation widi the Department of Finance, to disburse the funds on a formula-based allocation proposed by the Califomia Police Chiefs Association; and WHEREAS, the BSCC delegated the disbursement ofthe funds to the collective decision ofthe local enforcement agencies within the county; and WHEREAS, through this process, the City of San Diego was chosen to serve as the fiscal agent for the amount of $1,698,528, which was the amount allocated, for the municipal poHce departments located within the County of San Diego, as well as the San Diego County Sheriff; and WHEREAS, the county's municipal police departments and the Sheriff entered into a Memorandum of Agreement, dated June 24,2013, to memorialize the receipt and distribution of these funds; and WHEREAS, the San Diego County Police Chiefs Association and the San Diego County Sheriffs Association agreed that the $1,698,528 allocation would be distributed based on the respective population of each of the cities and the unincorporated areas; and WHEREAS, this distribution provides $714,005 to the City of San Diego, based on the City having 42.04% ofthe population within San Diego County; and WHEREAS, this action will allow the City of San Diego Police Department to accept the AB 109 funding of $714,005, and provide the AB 109 fund distribution to the other cities and the County of San Diego Sheriff; and WHEREAS, the San Diego Police Department will use the funds for increased overtune as a result ofthe requirements for Post-Release Community Supervision; and -PAGE 2 OF 4- Document Number: 596238 2 (R-2014-45) WHEREAS, there is no specific timeframe in which the funds need to be spent, nor is there any specific reporting requirement related to this allocation; NOW, THEREFORE, BE IT RESOLVED, by the Council ofthe City of San Diego, that the Chief Financial Officer or his designee is authorized to serve as the fiscal agent and accept funds specifically provided by the Califomia Board of State and Community Corrections to provide enhanced front-line intervention programs and distribute those funds to the County of San Diego Sheriff and the other police agencies within the County of San Diego, per the Memorandum of Agreement, and as directed by the Board of State and Community Corrections. BE IT FURTHER RESOLVED, that the Chief Financial Officer is authorized to accept, appropriate, and expend $714,005, specifically provided by the Califomia Board of State and Community Corrections in the fiscal year 2013-2014 allocation, and any additional funds, including any amendments, extensions, renewals, or subsequent funding to the county, for a period of up to five years, for the San Diego Police Department in the Police Department (1914) General Fund (100000). APPROVED: JAN I. GOLDSMITH, City Attorney By ohn C. fiemmeninf| pe^uty City Atttyhey JCH:ai 7/15/2013 Or.Dept:Police Doc. No.: 597087 2 -PAGE 3 OF 4- Document Number: 596238_2 (R-2014-45) I hereby certify that the foregoing Resolution was passed by the Coimcil ofthe City of San Diego, at this meeting of .111! 3 0 7(113. Approved: (date) ELIZ City Vetoed: (date) BOB FILNER, Mayor Document Number: 596238_2 -PAGE 4 OF 4- 37 Passed by the Council of The City of San Diego on. JUL 3 0 2013 by the following vote: Councilmembers Yeas Nays Not Present Recused •Sherri Lightner \/ • • . • Kevin Faulconer • • • Todd Gloria • • Myrtle Cole \i • • • Mark Kersey • • • Lorie 2!iapf • • • Scott Sherman • • • David Alvarez • • • Marti Emerald • • • Date of final passage. AUG 0 5 2013 (Please note: When a resolution is approved by the Mayor, the date of final passage is the date the approved resolution was returned to the Office of the City Clerk.) AUTHENTICATED BY: BOB FILNER Mayor of The City of San Diego, Califomia. (Seal) , Deputy Office of the City Clerk, San Diego, California Resolution Number R-308391 as (£\l(4i6 IT THE CITY OF SAN DIEGO MEMORANDUM DATE: Augusts, 2013 TO: Ken Whitfield, City Comptroller FROM: William M. Lansdowne, Chief of Police SUBJECT: Disbursement of Assembly Bill (AB) 109 Funds On July 30,2013, City Council voted to authorize the City of San Diego to serve as the fiscal agent and accept AB 109 funds specifically provided by the Califomia Board of State and Community Corrections to provide enhanced front-line intervention programs. The City of San Diego was also authorized to accept, appropriate, and expend $714,005, specifically provided by the Califomia Board of State and Community Corrections in the Fiscal Year 2013-2014 allocation. As fiscal agent, the City of San Diego is to distribute pertinent funds to the County of San Diego and the other police agencies within the County of San Diego (Attachment 1), per the Memorandum of Agreement (Attachment 2). I am requesting that your office remit disbursements to each jurisdiction's respective Chief. For cities that contract with the San Diego County Sheriffs Department, fiinds should be remitted to the County of San Diego, as indicated. If you require additional information on this issue, please contact Ron Villa, Administrative Services Manager, at (619) 531-2883. rhv Attachments 1. AB 109 Allocations By Jurisdiction 2. Memorandum of Agreement cc: David Ramirez, Executive Assistant Chief of Police Jeff Sturak, Financial Management Director Ron Villa, Administrative Services Manager Alia Khouri, Supervising Management Analyst Attachment 1 AB 109 Allocations By Jurisdiction Jurisdiction Recipient Address Amount City of Carlsbad Gary Morrison (760) 931-2134 2560 Orion Way Carlsbad, CA 92010 $58,181 City of Chula Vista David Bejarano (619) 691-5150 315 Fourth Avenue Chula Vista, CA 91910 $134,752 City of Coronado Jon Froomin (619) 522-7355 700 Orange Avenue Coronado, CA 92118 $12,529 County of San Diego Bill Gore (858) 974-2240 P.O. Box 939062 San Diego, CA 92193-9062 $490,989 City of El Cajon Jim Redman (619) 579-3351 100 Civic Center Way El Cajon, CA 92020 $54,338 City of Escondido Bob Benton (760) 839-4706 1163 N. Centre City Parkway Escondido, CA 92026 $78,925 City of La Mesa Ed Aceves (619) 667-7514 8085 University Avenue La Mesa, CA 91942 $31,500 City of National City Manuel Rodriguez (619) 336-4432 1200 National City Blvd. National City, CA 91950 $31,862 City of Oceanside Frank McCoy (760) 435-4488 3855 Mission Avenue Oceanside, CA 92058 $91,490 TOTAL $984,566 NOTE: Allocations for cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista are included in County of San Diego allocation. 30 Attachment 2 MEMORANDUM GF AGREEMENT THE^'^Sv ^^^^^^ PARTICIPATING CITIES IN THE COUNTY OE SAN DIEGO AND THE COUNTY OF SAN DIEGO EOR THE nZl^J"^^^ OE DISBURSING CALIFORNIA BOARD OF COMMUNITY CORRECTIONS POLICE GRANT FUNDS AMONGST THE PAKTDSS THIS AGREEMENT, made and entered into this ZJH day of June 2013, by and between tlie City of San Diego, Califomm, herein refen-ed to as FISCAL AGENT, eind the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Bsoondido, National City La Mesa, and Ooeanside, and the County of San Dlego, herein after re-ferred to, and all joUtiy .referml to as PARTIES, acting by md tiirough their mspective law enforcement agencies, and authorized repi'esentative(s) from those agencies, WHEREAS, the State of California, has- recognized the need for state support for city aw onforoement dut5 to the steady erosion of fi^ndlng for .city police agencies overthe last several years; md ° . WHEllEAS,, the California Board of State and Community Corrections (BSCC) in oonsultation with the California- Department of Finance, is authorized to disburse gi'ant funds mcluded in the.2ai3-14 Governor's Budget specifically to enable fi^ont-Iine law enforcement intervention services; and WHEREAS, the funding awards were determined on an approved fornmk-basecl allocation proposed by the Caiifornia Police Cliiefs' Association based on local need; and WHEREAS, itis agreed that disbursement of these funds shall be the collective decision ot the local enforcement agencies within the county; and Wip'REAS, each authorized agent finds thatthe performance of this AGREEMENT is in the best interests of all PARTIES, that the imdertaldng will benefit the public, and that the division of funds fairly allocates amounts to the PARTIES in accordance with Uie ' intended purpose ofthe grant; and n^^^^f' ^^FP ^° ^^'^ to systematically allocate BbQC Police Grant funds, and agree to an alloaation based on Jurisdictional general citizen population estimates; and • ^ . e WHEREAS, the PARTIES agree that any addldonal fond allocation from BSCC or other HSCAL AGEW '^'"^ ""'^^ '''''^'^^^ distributed by NOW THEREFORE, FISCAL AGENT agrees to distribute from BSCC Police Grant iimds received^ as follows: Attachment 2 Seclion U The PARTIES agree that fond allocations will be equal to the percentage of population as determined by the California Department of Finance published as of Januai-y 1,2012. (Attacliment I) Section 2. The PARTIES agree that the City cf San Diego shall serve as FISCAL AGENT only for the receipt and then disbursement of fonds In accordance with this AGREBMENT, and that no other legal relationsliip or agency is intended. Section 3. The PARTIES agree to use the BSCC Police Grant fonds in accordance with the colleotive agreement (majority) of the San Diego Police Chiefs' and Sheriffs Association to enable front-line law enforcement intervention sei-vlces. Section 4. Nothing in the performance of this AGREEMENT shall impose any liability for claims against th© FISCAL AGENT or any PARTY relating to the disbursement and spending of funds. Section 5. Each of the PARTIES to this AGREEMENT will be responsible for its own actions hi the acceptance and disbursement of funds and for pravidlng services under tills AGREEMENT, and shall not be liable to each other for any liability that may arise from acts under this AGREEMENT, iSec tion 6. Each of the PARTIES to this AGREEMENT will be responsible for maintaining official records or documents accounting for the receipt and use of this flmding, and shall make available to any state official requesting to review such documents, Section 7. The PARTIES to this AGREEMENT do not intend for any third party to obtain a right by vimie of this AGRBEMENT. Section 8. By entering into this AGREEMENT, the paitiesdo not intend to create any obligations, eKpressed or implied, other than those set out herein. Section 9. Tlie term of this. AGREEmNT Is intended to be- for the one time, disbursement of allocated fonds, however all PARTIES agree that If additional fonding of same or similar from BSCC or other similar state entity, with similar disbursement .guidelines, for a period of five years from the date of this AGREEMENT, will be handled in accordance with this AGREBMENT; Section 10. Any disputes under this AGRBEMENT in reference to disbursement shall be adjudicated through the collective (majority) decision ofthe San Dlego Police Chiefs' and Sheriff's Associati-on, Section 11. The PARTIES further stipulate that the signatoiy to this AGREE-MENT is an authorized agent ofthe respective Jurisdiction and their signature and aiathorlfy is binding on the jurisdiction, Attachment 2 PRINTED NAME AtSfD TTTLE CITY ATTORNEY FOR FISCAL AGENT APRROVEDASTO FORM AND CORRECTNESS DATE [Signatures of PARTIES otr following page] PRINTED NAME AND TITLE C ^ 4rroAf7^7 Attachment 2 crp:.-w-e7!*bSBAD, CALIFORNIA SIGNATURE DATE JLA VISTA, CALIFORNIA SIONATU/RE V DATE CITY OFCMONADO, CALIFORNIA SlGNATXmE CITY OF EL siaffetTOE "^3^ DATE N, CALIFORNIA PRINTED NAME AND TITLE PRINTED NAME AND TITLE ^ PRINTED NAME AND TITLE DATE PRINTED NAME AND mLE COUNTY SHERIFF OF SAN DIEGO, CALIFORNU REPRESENTING LAW ENFORCEMENT FOR COUNTY OF SAN DIEGO, CALIFORNIA CITY OF DEL MAR, CALIFORNIA CITY OF ENaNITAS; CALIFORNIA CTTY OF IMPERIAL BEACH, CALIFORNIA CITY OF LEMON GROVE, CALIFORNIA CITY OF POWAYi CALIFORNIA CITY OF SAN MARCOS, CALIFORNIA CITY OF SANTEE, CALIFORNIA CTTY OF SOLANA BEACH, CALIFORNIA CITY m VISTA, CALIFORNIA m^ /a(4U ^//¥h SIGNATURE DATE CI'prM.ESCONOTDO, CALIFORNIA SIGNATURE DATE CTTY OF LA ME^^c^ CALIFORNIA mi3 "glGNSfUM DATE CITY OFNATIONAL CITY, CALIFORNIA SIGKATURI CITY OF OCEANSIDE, CALIFORNLN: SIGNATURE PRINTED NAME AND TITLE PRINTED NAME AND TITLE &t AhB7es, dA^f frp fi^'^ PRINTED NAME AND'TITLE PRINTED NAME AND TITLllT PRINTED NAME AND TITLE 4 • Attachment 2 Board of State and Community Corrections Fiscal Year 2012/2013 Police Grant Funds Disbursement Based on population estimates from Pgpfe. of Hnance 1/1/12 Carlsbad 107,674 3.43%. $58,181 Chula Vista 249,382 7.93% $134,752 Coronado 23,187 0.74% $12,529 County of San Dieao ^ 495,281 15.76% $267,621 Del Mar ^ 4,194 0.13% $2,266 El Cajon 100,562 3.20% • $54,3-38 Endnitas ^ 60,346 1.92% $32,608 Escondido 146,064 4.65% $78,925 Imperial Beach ^ 26,609 0.85% $14,378 La Mesa 58,296 , 1.85% $31,500 lemon Grove ^ 25,603 0.81% $13,834 Na-tional City. 58,967 1,88% $31,862 Oceanside 16-9,319 5.39% $91,490 Poway ^ • 48r382 1.54% $26,143 • San Dlego ^ 1,321,315 42,03% $713,963 San Marcos ^ 85,569 2,72% $46,237 Santee ^ 54,643 1,74% $29,526 Solona Beach ^ 13,000 0.41% $7,024 Vista ^ 95,036 3.02% $51,352 Total 3,143,429 100.00% $1,698,528 * Does not Indude transient numbers ^ County includes - Alpine, Bonita, Bonsall, Boulevard, Campo, Cardiff/ Oascanso, Delzura, Faiibrooic, Jacumba, 3mu\, Julian, Lakeside, Pala, Pauma Valley, Ramona, Ranchlta, Santa Isabel, Spring Valley, Valley Center^ Warner Springs ^Law enforcement activity conducted under contract with the San Diego County Siieriff •'San Diego Includes La Jolla and San Ysldro Monday, April 29,2013 Prepared by: SDpD Administrative Services THE CITY OF SAN DIEGO MEMORANDUM DATE: October 23,2013 TO: Ken Whitfield, City Comptroller FROM: William M. Lansdowne, Chief of Police SUBJECT: Disbursement of Assembly Bill (AB) 109 Funds - 2"^^ Disbursement On July 30,2013, City Council voted to authorize the City of San Diego to serve as the fiscal agent and accept AB 109 funds specifically provided by the Cahfomia Board of State and Community Corrections to provide enhanced fi-ont-lme intervention programs. The City of San Diego was also authorized to accept, appropriate, and expend funds specifically provided by the Califomia Board of State and Community Corrections. The City has received the second disbursement of $1,946,230. The Police Department is to receive $819,371 and the remainder of $1,126,859 is to be disbursed to other agencies. As fiscal agent, the City of San Diego is to distribute pertinent funds to the County of San Diego and the other police agencies within the County of San Diego (Attachment 1), per the Memorandum of Agreement (Attachment 2). I am requesting that your office remit disbursements to each jurisdiction's respective Chief For cities that contract with the San Diego County Sheriffs Department, funds should be remitted to the County of San Diego, as indicated. If you require additional information on this issue, please contact Ron Villa, Administrative -S^Mces Manager, at (619) 531::2883. Attachments 1. AB 109 Allocations By Jurisdiction 2. Memorandum of Agreement cc: David Ramirez, Executive Assistant Chief of Police Jeff Sturak, Financial Management Director Ron Villa, Administrative Services Manager Alia Khouri, Supervising Management Analyst Attachment 1 AB 109 Disbursement 2 Allocations By Jurisdiction Jurisdiction Recipient Address Amount City of Carlsbad Gary Morrison (760) 931-2134/2131 2560 Orion Way Carlsbad, CA 92010 $66,876 City of Chula Vista David Bejarano C619) 691-5150 315 Fourth Avenue Chula Vista, CA 91910 $155,451 City of Coronado Jon Froomin (619) 522-7355 700 Orange Avenue Coronado, CA 92118 $14,319 County of San Dlego Bill Gore (858) 974-2240 P.O. Box 939062 San Diego, CA 92193-9062 $561,042 City of El Calon Jim Redman (619) 579-3351 100 Civic Center Way El Cajon, CA 92020 $62,066 City of Escondido Bob Benton (760) 839-4706 1163 N. Centre City Parkway Escondido, CA 92026 $90,144 City of La Mesa Ed Aceves (619) 667-7514/7515 8085 University Avenue La Mesa, CA 91942 $35,984 City of National City Manuel Rodriguez (619) 336-4432 1200 National City Blvd. National City, CA 91950 $36,351 City of Oceanside Frank McCoy (760) 435-4488 3855 Mission Avenue Oceanside, CA 92058 $104,627 Total $1,126,859 Note: Allocations for Cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach, and Vista are included In the County of San Dlego allocation Attaclimenf 2 MEMORANDUM OF AGREEMENT TI^''S'!^X?^?J.1*^"°=°°' PARTICIPATING CITIES IN ' ruiii UisJi, OF DISBURSING CALIFORNIA BOARD nir qTATi? Aivn COMMUNITY CORKJSCTIONS POUCE STK^^ASS™ PARTIES THIS AGREEMENT, made Md entered into this Z-'^day of June 2013 bvand etween the City of Saa^Diego, Callfbmia, herein r^ed to a^ FrCAL AOmT and teolliesofCa.toad.ChdaVto.Cotcna i^^tttl ^ o^San Dtego, herein after refeed to, and a 1 joiatly referred to as PARTIES, acting by and through their respective law enforcement agencies, and authorized representatlve(s) fi'otn those agencies WHEREAS, the State of California, has recognized the need for state support for olty itT:etr;:::;td*°''^^"''"°'°"'*^"^"«*''-"^^ WHEREAS, the California Board of State and Community Corrections ffiSCC) In consu tation the Californta Department of Finance, is authorized to dkhme mm ftmd. included m tl.e.2ai344^0oyernor's Bridget specifically to enable front-Kw enforcement Intervention services; and .""oiavY WHEREAS, the ftindlng awards were detei-mmed on an approved formula-haseti allocation proposed by the California Police CMefs' Association based on local need; and SSn'rltZ'',^ disbm.ement of these fimds shall be the collective decision 01 me local enforcement agencies within the county; and WIIEREAS, each authorized agent finds that tire performance of this AGREEMENT Is ^r?S ^ff^^ " *° '•^'^^''^ to systematically allocate BSCC Police Qi-mt fbnds, and agree to an allocation based onjurisdictlonal general cilcen population esthnates; and • "umuctiaai WIIEREAS the PARTIES agree that any additional fund allocation fi-om BSCC ot other Attacliment 2 Sect-wn U The PARTIES agree tliat flmd allocations will be equal to th© percentage of populatloti as determined by the Califomia Department of Finance published as of January 1,2012. (Altaoliment I) Section 2. The^ PARTES agree that the City of San Dlego shall serve as FISCAL AGENT only for tlie receipt and then disbursement of funds In accordance with this AGREEMENT, and that no other legal relationalilp or agency is intended. Section 3. The PARTIES agree to use tlie BSCC Police Grant funds in accordance with the collective agreement (majority) of tlie San Dlego Police Chiefs' and Sheriffs Association to enable front-line law enforcement intervention services. Section 4. Notlilng In the performance of this AGREEMENT shall impose any liability for claims against the FISCAL AGENT or any PARTY relating to the disbursement and spendmg of funds. Section ^-. Each of the PARTIES to this AGREBMENT will be responsible for its own actions in the acceptance and disbursement of fluids and for providing services under this AGREEMENT, -and shall not be liable to each other for any liability that may arise from acts under this AGREEMENT. Section 6. Each ofthe PARTIES to tWs AGREEMENT will be responsible for maintainuTg offi clal records or documents accounting for the receipt and use of this ftrnding, and shall make available to any state official requesting to review such documents, Section 7. Tlie PARTIES to- this AGREEMENT do not intend for any third party to obtain a right by viitue of this AGRBEMENT. Section 8. By entering into this AGREEMENT, the paitiesdo not Intend to create any obligations, expressed or implied, other than those set out herein. Section 9, Tlie term of this. AGREEMENT is intended Co befor the one time- disbursement of allocated fimds, however all PARTIES agree that if additional ftmdmg of same or similar from BSCC or-other similar state entity, with similar dlsbui'sement .guidelines, for a period of five years from the date of this AGREEMENT, will be handled in accordance with tliis AGREBMENT. Section 10, Any disputes under this AGREEMENT m reference to disbursement shall be adjudicated through the collective (majority) decision of the San Dlego Pohce Chiefs' and Sheriff's Association. Section 11. The PARTIES further stipulate that the signatory to this AGREE-MENT is an authorized agent ofthe respective Jurisdiction and their signature and authority is binding on the-jurisdiction, 59 Attachment 2 m iOiiW/)i4/isjQi2/K c(i ^•1 PRINTED NAME AND TITLE CITY ATT0RN15Y FQR FISCAL AGENT APRROVED AS TO FORIW AND CORRJSGTNtSSS DATE {7i^Hi (I i- [Signatures of PARTIES ot> following page] PRINTED NAME AND TITLE ^ i X 7 Attacliment 2 CIT AD, CALIFORNIA SIGNATimE Cpy OF CMLA VISTA, CALIFORNIA SIGNATU/feE \ DATE CITY OF CMONADO, CALIFORNIA SIGNATURE CITY OPEL DATE N, CALIFORNIA DATE PRINTED NAME AlW TITLE ^^/6 ^^M-^^^ PRINTED NAME AND TITLE ^ liLAii^k-iM ,(LniHA\mc£AL. PRINTED NAIVIE AND TITLE PRINTED NAME AND^'ITLE COUNTY SHERIFF OF SAN DIEGO, CALIFORNIA REPRESENTING LAW ENFORCEMENT FOR COUNTY OFSAN DIEGO, CALIFORNIA CITY OF DEL MAR, CALIFORNIA CITY OF ENCINITAS, CALIFORNIA CITY OFIMPERIALBEACH, CALIFORNIA CTTY OF LEMON GROVE, CALIFORNIA CXTY OF POWAYi CALIFORNIA CITY OF SAN MARCOS, CALIFORNIA CITY OFSANTEl, CALIFORNIA CITY OF SOLANA BEACH, CALIFORNIA CITY m VISTA, CALIFORNIA 4^£t^ /0(4^ ^//ds SIGNATURE DATE CIT>-r€mESCONDIDO, CALIFORNIA SIGNATURE DATE CITYOF LA MIIS^ CALIFORiNlA WIS DATE CITY OFNATIONALCITY, CALIFORNIA CITY OF OCEANSIDE, CALIFORNIA SIGNATURE Ji//i-^//^7iJ>idk/»E ^i^mFA^ PRINTED NAME AND TITLE PRINTED NAME-AND. TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE' PRINTED NAME AND TITLE 4 . 41 Board of State and Community Corrections Fiscal Year 2013/2014 Police Grant Funds Disbursement 2 Attachment 2 Based on Population estimates from Dept. of Finance 1/1/13 City Law Enforcement Agency Total Population 01/01/2013 Percentage FY 13/14 Allocation Carisbad Carisbad PD 108,246 3.44% $66,876 Chula Vista Chuia Vista PD 251,613 7.99% $155,451 Coronado Coronado PD 23,176 0.74% $14,319 Del Mar San Diego Sheriff 4,199 0.13% $2,594 El Cajon El Cajon PD 100,460 3.19% $62,066 Encinitas San Dlego Sheriff 60,482 1.92% $37,367 Escondido Escondido PD 145,908 4.63% $90,144 Imperial Beach San Diego Sheriff 26,496 0.84% $16,370 La Mesa La Mesa PD 58,244 1.85% $35,984 Lemon Grove San Diego Sheriff 25,554 0.81% $15,788 National City National City PD 58.838 1.87% $36,351 Oceanside Oceanside PD 169,350 5.38% $104,627 Poway San Diego Sheriff 48,559 1.54% $30,001 San Diego San Diego PD 1,326,238 42.10% $819,371 San Marcos San Diego Sheriff 87,040 2.76% $53,775 Santee San Diego Sheriff 55,033 1.75% $34,000 Solana Beach San Diego Sheriff 12,987 0.41% $8,024 Vista San Diego Sheriff 95,264 3.02% $58,856 Balance of County San Diego Sheriff 492,491 15.63% $304,269 Total 3.150.178 100.00% $1,946,230 Authorized by Item 5227-102-0001 ofthe Budget Act 2013 Chapter 20, Statutes of 2013 appropriates $27.5 million for cities for law enforcement activities. Wednesday, October 23, 2013 Prepared by: SDPD Administrative Services