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HomeMy WebLinkAboutReso 1986-12441 RESOLUTION NO. 12441 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT PROVIDING FUNDING TO SANDAG FOR CONTINUING OPERATION OF THE REGIONAL CRIMINAL JUSTICE CLEARINGHOUSE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between the Cities of Carlsbad, Chula Vista, Coronado, E1 Cajon, Escondido, La Mesa, National City, Oceanside, San Diego, the County of San Diego and the San Diego Association of Governments to fund and operate the Regional Criminal Justice Clearinghouse, dated the 15th day of April , 198 6, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by W. J~i Winters, Director of ' 1, Assistant Public Safety 1'~ City Attorney 1413a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 15th day of April 19 86 . by the following vote, to-wit: AYES: Councilmen: t4al calm, Moore, Scott, McCandliss NAYES: Councilmen: None ABSTAIN: Co~lmen: None Cox ~ ABSENT: Councilmen: 1,1AYOR PRO TEt4PORE STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, 30 HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of R£SOLtJT[ON NO. 12441 ,and that the some has not been amended or repe~led. )ATED  City Clerk Q'iY OF CHUI.A VISIA ;C-660- ATTACHMENT D Resolution No. 12441 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Cbu]a Vista , CALIFORNIA APPROVING AN AGREEMENT PROVIDING FUNDING TO SANDAG FOR CONTINUING OPERATION OF THE R/gGIONAL CRIMINAL JUSTICE CLEARINGHOUSE The City Council of the City of Chu] a Vista, California, does hereby resolve as follows: 1. That an Agreement establishing funding on a cooperative basis by the County of San Diego and the cities named therein to fund SANDAG's operation of the Regional Criminal Justice Clearinghouse, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. Z. That the mayor of the City of Chu] a Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chu] a Vista. PASSED, APPR.O. VED AND ADOPTED at a regular meeting of the City Council of the City of Chula Vista , California, held the 15th day of Apri I , 1986, by the following vote, to wit: Ayes: Malcolm, Moore, Scott, McCandliss Noes: None Absent: Cox Attest: ~S{~ty Clerk AGKEEMENT BETWEEN THE C£i~,~'-S OF CARLSBAD, CHULA VISTA, CORONADO, EL CAJON, ESCONDIDO, LA MESA,- NATIONAL CITY, OCEANSIDE, SAN DIEGO, THE COUNTY OF SAN DIEGO AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS TO FUND AND OPERATE THE REGIONAL Cl~MINAL JUSTICE CLEARINGHOUSE T~is Agreement is entered into this 15th day of April , 1986 by between the cities of Cerisbad, Chula Vista, Coronado, E1 Cajon, Escondido, La Mesa, National City, Oceauside and San Diego {hereinafter referred to as 'Cities'), the County of San Diego (hereinafter referred to as "County") and the San Diego Association of Governments (hereinafter referred to as "SANDAG"). WI~I'NESSETH ~I-IEREAS, the SANDAG Board of Directors and the San Diego Criminal Justice Council have approved a proposal to continue the operation of the gional Criminal 3ustice Clearinghouse (hereinafter referred to as "Clearinghouse") which has been previously funded by the County on a pilot basis; and WHEREAS, a formula for funding the Clearinghouse was also approved, whereby the County of San Diego will be responsible for two-thirds of the total cost and the cities not served by the Sheriff for one-third of the cost; and WHEREAS, the Clearinghouse provides accurate and timely information to assist local decision-makers in developing crime control policies a~a such information resourceneeds to be maintained on a continuing basis; and WHEREAS, the Sen Diego County Police Chiefs and Sheriff's Asso- ciation supports the Clearinghouse and continued fun&lng for it; NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein express, the parties agree as follows: 1. Definitions The foliowing terms .~=u have the meanings ascribed to them. a. 'Population" of any city shall mean that population last determined for a city as certified by the State Department of Finance during April of each year. b. ~Fiscal Year" sh~11 mean that year be~htg July 1, end ending 3une 30. c. "Local Agency or Agencies" shall mean the cities in the County of San Diego not served by the Sheriff's Department and the County of San Diego. d. "Cities" shall mean the cities in the County of San Diego that are not served by the Sheriff. Z. Agreements The L~cal Agencies hereby agree to fund the Clearinghouse in accordance with the established formula, and SANDAG hereby agrees to provide the professional services of the Clearinghouse as set forth herein. 3. Scope of Services SANDAG shall provide the services set forth in Attachment A entitled "Criminal Justice Clearinghouse" which is hereby incorporated by reference as if fully set forth herein. In addition, the Clearinghouse shall provide Local Technical Assis- tance to the Local Agencies on criminal justice matters in accordance with the SANDAG Local Technical Assistance policy. 4. Term of Agreement This Agreement shall commence on 3uly 1, 1986 if all Local Agencies have ap- proved it and will continue until either of the following occurs: Any Local Agency which has agreed to fund the Clearinghouse gives notice in accordance with Sec- tion 8 of this Agreement that it no longer intends to continue the Agreement or the Local Agency falls to appropriate funds in subsequent years' budgets to fund the operation of the Clearinghouse. 5. Compensation The Local Agencies agree to pay to SANDAG the approximate sum Usted below for fiscal year 1986-87. This approximate ~mou~t will be verified a~d adjusted by applying the formula included in Section 9 herein to the ;January 1, 1986 popu- lation totals when they are certified in April 1986, and the amount set forth in accordance with Section 9 herein in each subsequent fiscal year this Agreement rem~{,~- in effect. l%egional Criminal Justice Clearinghouse Funding Approximate Amount Based on 1/1/85 Population Cities Approximate Amount Carlsbad $1,485 Chula Vista~ 3,77? Coronado 658 E1 Cajon 2,670 Escondido Z,SZ6 La Mesa 1,738 National City 1,705 Oceanside 3,059 San Diego 3Z,38Z $50,000 County of San Diego 100~000 $150,000 eMontgomery ~n~exation included in estimate. /~. Availability of Funds The Local Agencies' obligation for payment under any agreement beyond the initial fiscal year end is contingent upon the availability of funds from which payment ~-~ be made. No legal liability on the part of a Local Agency sh~l arise for payment beyond Sune 30, 1987 unless funds ere made available for such put- ?. Termination Any Local Agency may terminate this Agreement by giving at least 30 days written notice prior to June 30th of each year of such termination. Such termi- nation shall be effective on June 30th of that year. 8. Method of Payment No later than April 1 of each year SANDAG shall approve a preliminary budget which shall include an estimate of the amount due from Locai Agencies to fund the Clearinghouse. No later than ~une I of each year SANDAG shall approve a final budget which shall include the exact amount (based on certified population) due from Local Agencies. The County shall pay two-thirds of this amount and the Cities shali pay one-third to be divided among them in accordance with the formula set forth in Section 9. Payment of this determined sum of money shall be made by Local Agencies by Suly 15 of each yearn. 9. Formula The =,~ount of payment sh~ll be computed on an annual basis as follows: a. The SANDAG Board of Directors shall' determine and approve the amount of funding necessary to operate the Clearinghouse for the upcoming year and include that amount in the preliminary and final SANDAG budget. b. The County of San Diego ,ha!! pay two-thirds of that amount. c. The rema~ng one-third shall be divided among the Cities on a popu- lation bash, using the percent of population each city bears to the population of all Cities as the percent of the one-third share each city shall pay. 10. Amendment This Agreement may be amended only by writt~agreement of the perties hereto, · except that the SANDAG Board of Directors may amend the Scope of Work set forth in Attachment A. Amendment to the Scope of Work shall be included in the SANDAG Overall Work Program which is submitted to all Local Agencies prior to approval. 11. Additional Participatin~ Cities Any newly incorporated dty not served by the Sheriff, or i c ty currently served by the Sheriff who establishes its own police department may become a party to. this 3 Agreement by passing a resolution agreeing to the terms ~nd conditions herein effective on July 1 of the next fiscal year. 1Z. SANDAG's Employees and'Equipment SANDAG agrees that SANDAG has secured or will secure at SANDAG's own expense all persons~-employees and equipment required to perform the services required under this Agreement, and that all such services will be performed by SANDAG, or under SANDAG's supervision, by persons authorized by law to per- form such services. SANDAG shall exonerate, indemnify, end hold harmless Local Agency from and ag~;~st any and all loss, damage or expense, by reason of any act of omission of any employee, servant or agency of SANDAG, end SANDAG agrees to defend, at SANDAG's own expense, any suit or suits that may be brought against Local Agency by reason of ~ny such act or omission. 13. Audit and Inspection of Records At any time during normal business hours and es often as Local Agency may deem necessary, SANDAG shall make available to Local Agency for examination at reasonable locations within the County of San Diego ail of SANDAG's data and records with respect to all matters covered by this Agreement and SANDAG will permit Local Agency to audit, examine and make excerpts of transcripts from such data and records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. SANDAG shall m-~ntaln such data and records in an accessible location and con- clifton for a period of not less tb~ four years following receipt of final pay~nent under th.is Agreement unless Locai Agency agrees in writing to an earlier dispo- sition. 14. Affirmative Action SANDAG, SANDAG's subcontractors and suppliers, if any, sh~ll comply with the Affirmative Action Program of Locai Agencies es required. 15. Assignability $ANDAG sh~ll not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Local Agencies thereto; provided, however, that claims for money due or to become due to $ANDAG from Local Agencies under this Agree- ment may be assigned without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Agencies. 16. Interest of SANDAG. SANDAG covenants that SANDAG presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire eny such interest, direct or indirect, which would conflict in eny ma,~er or degree with the performance of services required to be performed under this Agreement. SANDAG further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by SANDAG under this Agreement. 4 17. Insurmnce and Hold Hermless AMreement SANDAG agrees to maintain such insurance as will fully protect both SANDAG and Local Agencies from any end all claims under any workmen's compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from operations carried on under th~s A~reement, either by SANDAG, any subcontractor or by anyone directly or in- directly engaged or employed by either of them. SANDAG shall exonerate, in- ~ demni~y and hold harmless ?-ocai Agencies from and against, and shall assume full responsibility for payment of, all federal, state and local taxes or contributions imposed ur required under unemployment insurance, social security and income tax laws, with respect to $ANDAG and $ANDAG's employees engaged in perfor- 'mance of this A~reement. Local Agency and its agents and employees shall not .be, nor be held liable for any liabilities, penalties, or forfeitures, or for any damage to the goods, properties or :effects ~f~SANDAG, or of any other persons whatsoever, nor for personal injury to or death of them, whether caused by or resulting from any negligent act or omission of SANDAG. The provisions of this pasa~raph do not relieve the Local Agency of Local Agency's liability for damage to SANDAG caused by negligent acts or omissions. SANDAG further a~rees to defend, indemnify and hold harmless Local Agency and Local Agency's agents and ~employees, a~-t and from any and all of the foregoing liabilities, and any and all costs or expenses incurred by Local Agoncy on account of any claim there- fore. SANDAG a~rees to assume the foregoing obligations and liabilities, by which SANDAG shall defend, indemnity and hold Local Agency harmless from all c]~ms arising by reason of the work done or by reason of any act or omission of SANDAG. 15. Notice Any notice or notices required or permitted to be given pursuant to this A~ree- ment may be personally served on the other party by the party ~iving such notice, :or may be served by certified mall, i~stage-prepaid, return receipt requested. Notices to Local Agencies shall be sent to the City Manager/County Adminis- trative Officer and notices to SANDAG shall be sent to the Executive Director. 19. Independent Contractor It is a~reed that Local Agency is interested only in the results obtA~,~ed and that SANDAG sh~l perform as an independent Contractor with sole control of the manner and means of performing the services required under this A~reement. SANDAG sh~l~ complete this A~reement according to SANDAG's own means and methods of work which shall be in the exclusive charge and control of SANDAG · which shall not be subject to control or supervision by Local Agency except as to the results of the work. SANDAG is, for all purposes &rising out of this A~ree- ment, an independent contractor, and neither SANDAG nor SANDAG's employees -~ be deemed an employee of Local Agency. It is expressly understood and a~reed that SANDAG and SANDAG's employees shall in no event be entitled to any benefits to which Local Agency employees ~re entitled, including, but not limited to, bvertime, any retirement benefits, workmen's compensation benefits, and injury leave or other leave benefits. _ 20~ Governin~ Law This a~eement ~mll ~e construed and interpreted according to the laws of the State i~f California. 21. Complete A~reement It is expressly understood and a~reed that this A~reement constitutes the entire a~reement between SANDAG and Local Agencies and in no event shall Local Ag .en~_ies be entitled to any compensation, benefits~ reimbursements or ancillary services other than as-~erein expressly provided. IN WITNESS_THEir. EOF Local Agendes and SANDAG have executed this A~eement a~ of the date first written above. THE CITY OF CHULA VISTA Apprcv~e~ as to form by' ' Charles R. Gill~ Asst. City Attorney