HomeMy WebLinkAbout2023-07-18; City Council; ; Agreement for the Police Department to participate in the Regional Realignment Response Group Program and its probation compliance checksCA Review __AF__
Meeting Date:
To:
From:
Staff Contact:
Subject:
Districts:
July 18, 2023
Mayor and City Council
Scott Chadwick, City Manager
Amanda Baker, Management Analyst
amanda.baker@carlsbadca.gov, 442-339-5054
Christie Calderwood, Assistant Police Chief
christie.calderwood@carlsbadca.gov, 442-339-2216
Agreement for the Police Department to participate in the Regional
Realignment Response Group Program and its probation compliance
checks
All
Recommended Action
Adopt a resolution approving the 2018 agreement for the Regional Realignment Response
Program and authorizing the City Manager to enter into future similar agreements and to
accept and appropriate reimbursement funds received from the County of San Diego for the
Regional Realignment Response Group Program.
Executive Summary
The Police Department is asking the City Council to approve an agreement to accept a grant
that will provide continued funding for the department’s participation in a regional program in
which officers from several agencies work together to conduct compliance checks on San Diego
County probationers.
The Carlsbad Police Department has participated in these operations since 2013, with its costs
for the overtime pay – about $35,000 in recent years – reimbursed by the county.
The City Council is being asked to approve the existing agreement between the county and the
participating cities, authorize the City Manager or staff to approve future agreements for the
program, and accept the grant funding for the current fiscal year and in future years.
Such grants and donations of more than $5,000 require the City Council’s approval under
Carlsbad Municipal Section 2.08.100.
Explanation & Analysis
The California Public Safety Realignment Act of 2011 allowed for current non-violent, non-
serious, and non-high risk sex offenders, to be supervised at the county level after they are
released from California state prisons. Instead of reporting to state parole officers, these
July 18, 2023 Item #5 Page 1 of 18
offenders report to county probation officers. This realignment was intended to help California
stop lower-level offenders and parole violators from cycling in and out of state prisons.
In response, the San Diego County Sheriff’s Department established the Regional Realignment
Response Program two years later. The county asked the region’s law enforcement agencies to
help with the program, and the agencies agreed to work collaboratively to conduct compliance
checks on San Diego County probationers.
The program consists of monthly sweeps of probationers and prolific, or high risk, offenders,
conducted by teams of officers from several departments. Each team is provided a roster of
about 10-15 offenders that live in and around the host agencies’ jurisdiction. The teams go to
the last-known residence for each offender and conduct compliance checks to ensure they’re
complying with the terms of their release. If they’re found to be out of compliance with the
terms of their release, or committing new crimes, they are subject to re-arrest.
The Carlsbad Police Department is part of the program’s Northern Group, along with the sheriff
and probation departments and the Escondido and Oceanside police departments. Carlsbad
typically hosts the monthly operations once per year, focusing on probationers who live in and
near Carlsbad.
The city’s overtime costs for these operations are reimbursed by the county under a 2018
agreement with the County of San Diego’s San Diego Sheriff’s and Probation departments and
other municipal law enforcement agencies throughout the county.
The City Council approved agreements to participate in the program in 2013 and in 2016. The
2018 agreement was signed by the Chief of Police. It should have been approved by the City
Council. The City Council is now being asked to approve the agreement. (Attachment A)
The San Diego County Sheriff’s Department has notified city staff that it intends to extend the
agreement for another year, until July 30, 2024, and again each year as long as the funding is
available. (Exhibit 2)
The Police Department tracks its costs in participating in the program and submits
reimbursement requests to San Diego County staff each month.
Fiscal Analysis
No additional appropriations are needed at this time. The funds this grant provides will off-set
the city’s overtime costs for this program in the Police Department’s operating budget.
Next Steps
Police Department staff will continue to participate in the compliance sweeps conducted
through the Regional Realignment Response and submit reimbursement packets each month to
San Diego County.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
July 18, 2023 Item #5 Page 2 of 18
Exhibits
1. City Council resolution
2. Letter from the San Diego County Sheriff’s Dept advising of funding for the Regional
Realignment Response Group Program for fiscal year 2023-24
July 18, 2023 Item #5 Page 3 of 18
RESOLUTION NO. 2023-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE 2018 AGREEMENT FOR THE REGIONAL
REALIGNMENT RESPONSE PROGRAM AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO FUTURE SIMILAR AGREEMENTS AND TO ACCEPT
AND APPROPRIATE REIMBURSEMENT FUNDS RECEIVED FROM THE COUNTY
OF SAN DIEGO FOR THE REGIONAL REALIGNMENT RESPONSE GROUP
PROGRAM
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
public's best interest to authorize the Police Department to participate in the Regional Realignment
Response Group Program to ensure public safety in the post AB 109 environment; and
WHEREAS, the goal of the R3G Program is to ensure 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; and
WHEREAS, The City Council approved agreements to participate in the program in 2013 and in
2016;and
WHEREAS, The Chief of Police executed an agreement to participate in the program in 2018,
which should have been approved by the City Council; and
WHEREAS, The City Council is now being asked to approve and ratify the 2018 agreement and
authorize the Chief of Police to enter into future agreements for the Regional Realignment Response
Program Group; and
WHEREAS, the City of Carlsbad will receive annual funding from the County of San Diego
through the Sheriff's Department; and
WHEREAS, the Police Department will use these funds to participate in overtime operations
conducting compliance checks on AB 109 realigned offenders; and
WHEREAS, staff will monitor use and expenditure of the funds and submit reimbursement
packets each month to San Diego County staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
Exhibit 1
July 18, 2023 Item #5 Page 4 of 18
2.That the 2018 Agreement for the Regional Realignment Response Program (Attachment
A), is ratified and approved.
3.That the City Manager or designee is authorized to enter into future similar agreements
for the Regional Realignment Response Group Program, subject to approval as to form
by the City Attorney's Office.
4.That the City Manager or designee is authorized to accept and appropriate
reimbursement funds received from the County of San Diego for the Regional
Realignment Response Group Program.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 18th day of J..!!!y, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
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lt 1
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
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July 18, 2023 Item #5 Page 5 of 18
Attachment A
July 18, 2023 Item #5 Page 6 of 18
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, paiiicipating agencies are the Sheriffs Depaiiment
(''SHERIFF") and the Probation Depaiiment ("PROBATION").
1.1.2 For the CITIES, paiiicipating agencies are their respective police departments.
The services and obligations of PARTIES and their participating agencies are set f01ih
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 oflower-
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 smaiier and cost-
effective ways.
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.
2.3 WHEREAS, funds shall be used to supp01i 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
l 170(h)(5)(B) PC and Post Release Community Supervision Offenders) released into San
Diego County.
2.4 WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and
PARTIES, to contract with SHERIFF for provision of joint law enforcement services.
2.4.1 WHEREAS, COUNTY has requested PARTIES assistance in performing R3
operations and will reimburse PAR TIES for overtime-only expenses incurred
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July 18, 2023 Item #5 Page 7 of 18
collectively by PARTIES in R3 program operations not to exceed $1,000,000 during
the term of the Agreement.
2.5 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning
the nature and extent of R3 collaboration, services rendered, and compensation.
2.6 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 ove1iime expenses inctmed collectively
by PARTIES performing R3 program Operations in fiscal year 2016 and subsequent years.
2.7 PARTIES agree to maintain documentation as required in paragraph 7.3 Method of
Payment, supp01iing 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 December 31, 201 7, five years begins January 1, 201 7 and ends
December 31, 2021.
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 PAR TIES'
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 PAR TIES in order to counteract the risks
associated with realigned offenders released into San Diego County.
4.2.1 Framework of Operations
The Regional Realigmnent 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.
2
July 18, 2023 Item #5 Page 8 of 18
4.2.2 Regional Sub-Groups
Regional Sub-Groups (RSGs) are created for the Northern, Central, and Southern
areas of the County. The RS Gs are responsible for plam1ing 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.
5. TERM OF AGREEMENT
5.1 Initial Term
This Agreement shall be effective January 1, 2018 and shall continue in effect through
and terminate at midnight on June 30, 2022, or until te1minated 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, 2018. Renewal or extension of the Agreement beyond June 30,
2018 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.
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 fo1ih 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,
3
July 18, 2023 Item #5 Page 9 of 18
probation compliance checks, directed patrol, and coordinated multi-agency sweeps. In
addition, PAR TIES 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 ofrealigned offender post-release packets.
(b) Conduct meetings every six ( 6) months with a minimum of one ( 1)
representative from each PAR TY.
( c) Increase infmmation sharing during Operations.
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 PAR TY shall complete a
Daily Activity Repmi (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 P ARTY's
personnel, the standards of perfo1111ance, 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 PAR TY's
personnel engaged in performing this Agreement.
4
July 18, 2023 Item #5 Page 10 of 18
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.
6.2.4 Staffing for Basic Services
PAR TIES shall ensure that adequate numbers of their qualified respective
persom1el 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 PAR TIES of
Operations set forth in this Agreement, COUNTY through SHERIFF shall reimburse
PARTIES for personnel assigned to perfonn 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 2011 Local Revenue Fund 2011, Community Con-ections Subaccount.
7.2 Personnel Costs/Rate of Compensation
During the term of this Agreement, COUNTY through SHERIFF shall reimburse
PARTIES for ove1iime worked by personnel assigned to perform R3 program Operations
based upon available funding and the actual costs incuned by PAR TIES to provide
Operations under this Agreement.
7.3 Method of Payment
PARTIES shall submit correct and complete reimbursement f01ms, labor rep01is, 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 Depaiiment
0-41 Grants Unit (R3)
P. 0. Box 939062
San Diego, CA 92193-9062
5
July 18, 2023 Item #5 Page 11 of 18
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 rep01is, and timesheets are true and co1Tect.
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, ove1iime-hourly rate, ove1iime
hours worked, date ove1iime worked, and fringe benefit rate and cost. PAR TIES 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.
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 assigmnent, 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 cou1i 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 laboi· provider retained
by that respective agency.
6
July 18, 2023 Item #5 Page 12 of 18
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 pmiy, 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.
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
PAR TIES 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 PAR TY's sole discretion, each PARTY may
pmiicipate at its own expense in the defense of any claim, action, or proceeding, but such
pmiicipation shall not relieve any PAR TY 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, PAR TIES may appoint joint defense counsel to defend the claim, action, or
proceeding arising out of the concurrent acts or omissions of PAR TIES. Joint defense
counsel shall be selected by mutual agreement of PARTIES. PAR TIES agree to share the
costs of such joint defense and any agreed settlement in equal amounts, except as provided in
section 9. 4 below. PAR TIES fmiher agree that no PAR TY 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 pmiies, PARTIES may seek reimbursement and/or reallocation of defense costs,
settlement payments, judgments and awards, consistent with such comparative fault.
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July 18, 2023 Item #5 Page 13 of 18
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, 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
perfo1mance 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
perfo1m 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
mam1er 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, fiTst-class postage prepaid and
addressed as follows or, to such other place as each paiiy may designate by subsequent
written notice to each other:
To COUNTY and SHERIFF:
Sheriff
San Diego County Sheriffs Department
P. 0. Box 939062
San Diego, CA 92193
8
Chief Probation Officer
Probation Department .
9444 Balboa A venue, Ste. 500
San Diego, CA 92123
July 18, 2023 Item #5 Page 14 of 18
To non-County PARTIES:
Chief of Police
Carlsbad Police Depatiment
2560 Orion Way
Carlsbad, CA 92010
Chief of Police
Coronado Police Depa1iment
700 Orange Avenue
Coronado, CA 92118
Chief of Police
Escondido Police Depaiiment
1163 Nmih 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 Depaiiment
1401 Broadway
San Diego, CA 92101
Chief of Police
Chula Vista Police Depaiiment
315 Fomih Avenue
Chula Vista, CA 91910
Chief of Police
El Cajon Police Depatiment
100 Civic Center Way
El Cajon, CA 92020
Chief of Police
La Mesa Police Depaiiment
8085 University A venue
La Mesa, CA 91942
Chief of Police
Oceanside Police Depaiiment
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 PAR TY or PAR TIES.
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.
10.5 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
9
July 18, 2023 Item #5 Page 15 of 18
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 pmiy.
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
PAR TY wanants 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 counterpmis, 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 Comi 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 PAR TY 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.
10.11 Representation
Each PARTIES' Chief, or their respective designee, shall represent their agency in all
discussions pe1iaining to this Agreement. SHERIFF, or his or her designee, shall represent
SHERIFF in all discussions pertaining to this Agreement.
10
July 18, 2023 Item #5 Page 16 of 18
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 tenninated, 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, 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 January 1, 2018 and executed on this
______ day of __________ , 2018.
COUNTY OF SAN DIEGO
SHERIFF'S DEPARTMENT
William D. Gore
Sheriff
Neil Gallucci
Chief
CORONADO POLICE DEPARTMENT
Jon Froomin
Chief
11
COUNTY OF SAN DIEGO
PROBATION DEPARTMENT
Adolfo Gonzales
Chief
CHULA VISTA POLICE DEPARTMENT
Roxana Kennedy
Chief
CITY OF EL CAJON
Douglas Williford
City Manager
July 18, 2023 Item #5 Page 17 of 18
ESCONDIDO POLICE DEPARTMENT
Craig Carter
Chief
NATIONAL CITY 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
12
LA MESA POLICE DEPARTMENT
Walt Vasquez
Chief
OCEANSIDE POLICE DEPARTMENT
Frank McCoy
Chief
CITY OF SAN DIEGO
Kevin Faulconer ( or designee)
Mayor
Approved as to form:
MARA W. ELLIOTT, SAN DIEGO
CITY ATTORNEY
Paige E. Folkman
Deputy City Attorney
Exhibit 2
July 18, 2023 Item #5 Page 18 of 18
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San Diego County Sheriff's Department
Post Office Box 939062 • San Diego, California 92193-9062
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June 14, 2023
Mickey Williams, Chief
Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92010
Dear Chief Williams:
Kelly A. Martinez, Sheriff
RENEW AL FOR THE AGREEMENT FOR THE REGIONAL REALIGNMENT RESPONSE
(R3) PROGRAM
On April 27, 2018, the County of San Diego through the San Diego County Sheriffs Department
executed an Agreement for the Regional Realignment Response (R3) Program with your City
through its police department with provisions concerning the nature and extent of R3G
collaboration, services rendered, and compensation for the term of 07/01/2017 -06/30/2022.
Paragraph 5.2 Option to Extend, on the attached MOA, allows the County " ... to renew this
Agreement for successive one (1) year increments beyond June 30, 2022 ... subject to available
funding."
As a result of receiving FY 2023-24 funding, this is to inform you that the San Diego County
Sheriffs Department is renewing the agreement beyond June 30, 2023 to June 30, 2024.
Please acknowledge receipt of this letter by signing below and emailing back to
Jocelyn.Carpio@sdsheriff.gov. Moving forward, you can expect to receive a renewal letter
notification annually as long as funding is available.
Feel free to contact Jocelyn Carpio at (858) 974-2401 if you have questions.
Sincerely, ACKNOWLEDGEMENT:
·~~-
~ CARLSBAD POLICE DEPARTMENT
ez, Sheriff ~6~:i~-f' fe27
Chief
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Keeping the Peace Since 1850_