1 Attachment 1
AGREEMENT BETWEEN THE CITY OF CORONADO
AND THE COUNTY OF SAN DIEGO
FOR SPECIALIZED LAW ENFORCEMENT SERVICES
This Agreement for Specialized Law Enforcement Services (“Agreement”) is between the City of Coronado, a municipal corporation, hereinafter referred to as "CITY" and the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY", for services to be provided by the San Diego County Sheriff, hereinafter referred to as "SHERIFF".
RECITALS
WHEREAS, COUNTY through SHERIFF provides public safety services throughout the County of San Diego and is equipped and will do so to the extent and in the manner hereinafter provided; and WHEREAS, CITY is a municipal corporation of the State of California within the County of San Diego and desires to obtain specialized law enforcement services; and WHEREAS, Sections 51300-51308, 51350, 55632, and sections 54980 et seq. of the California Government Code authorize COUNTY and CITY to contract for performance of Sheriff services within the CITY; and
WHEREAS, CITY and COUNTY through SHERIFF desire to enter into an agreement with provisions concerning the nature and extent of specialized law enforcement services to be provided to CITY and establishing the compensation to be paid therefore; and WHEREAS, COUNTY acknowledges that CITY requires standards of performances that demonstrate professional excellence both in the execution of duties and in the interpersonal relations with CITY employees and all persons utilizing the services of CITY; and WHEREAS, the Board of Supervisors Policy B-29 authorizes the Clerk of the Board to accept and execute this Agreement for Specialized Law Enforcement Services; and WHEREAS, the City Council for the City of Coronado on May 7, 2024, authorized the City Manager to accept and execute this Agreement for Specialized Law Enforcement Services; and
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and CITY jointly intend that CITY will fund and COUNTY will provide a level of specialized law enforcement services, as set forth in this Agreement.
AGREEMENT
I. PURPOSE AND INTENT
The purpose of this Agreement is to satisfy the requirements of California Government Code §§51300-51308, 51350 and 54980, et seq. This Agreement is effective for its term beginning as set forth in Section III.A, regardless of its approval date by the parties. 2 Attachment 1
II. SCOPE OF SERVICES
COUNTY through SHERIFF shall provide specialized law enforcement services to CITY as follows:
A. Method of Service Delivery
SHERIFF will maintain a Law Enforcement Services Bureau, which will be responsible for performance of COUNTY's obligations under this Agreement. Specialized Law Enforcement Services will be staffed as described in Section IV, Standards of Services. These services shall be provided from SHERIFF's existing stations and other such facilities as COUNTY or the CITY may hereafter acquire.
B. Regional Services
The following regional services are provided to CITY as needed as an adjunct to the Law Enforcement Services described above at no additional cost: Special Enforcement Detail (SED) and Sheriff's Response Team (SRT); Aerial Support to Regional Enforcement Agencies (ASTREA); Bomb/Arson; Search and Rescue; Fire/Rescue helicopter; Crime Lab; and Property and Evidence.
C. Additional Services
1. General
COUNTY through SHERIFF may provide supplemental Specialized Law Enforcement Services or additional related equipment and supplies as requested by CITY at the agreed to rate. Additional Services not covered under Specialized Law Enforcement Services may include, but are not limited to, added patrol or traffic services required for scene control or in furtherance of the investigation.
Requests
Requests for Additional Services shall be made to SHERIFF by CITY through the SHERIFF'S LESB Investigations Commander or his or her designee and shall be made in writing or, if made in person or by telephone, shall be confirmed in writing by the requestor within fortyeight (48) hours of the request. CITY shall provide SHERIFF with as much advance notice as 3 Attachment 1
possible regarding requests for Additional Services.
2. Provision of Additional Services
SHERIFF shall advise CITY promptly and shall confirm in writing if SHERIFF is unable to provide some or all of any requested Additional Services. If SHERIFF is able to provide some or all of the requested Additional Services, SHERIFF shall promptly advise CITY in writing of the estimated costs of the services. Unless CITY disapproves in writing of an estimate provided by SHERIFF, SHERIFF shall provide such Additional Services to CITY and shall be reimbursed for the actual cost of providing the Additional Services subject to Section V.B.
COUNTY shall delegate the authority to SHERIFF to approve additional services consistent with the intent of this provision.
3. Identification
COUNTY and CITY acknowledge and agree that it is impractical to specify in this Agreement each and every category of Additional Services that might be desired by CITY, and that the parties will reasonably cooperate in identifying and addressing such potential Additional Services which may be needed in furtherance of the investigation of the In Custody Death or Officer Involved Shooting within the scope of Specialized Law Enforcement Services.
D. Emergencies
1. General
Notwithstanding any other provisions of this Agreement, in the event of an emergency occurring within CITY, SHERIFF shall take any and all actions reasonably necessary or appropriate to respond to the emergency, to include appropriate referrals to, and coordination with, other law enforcement agencies.
III. TERM OF AGREEMENT
A. Term
The term of this agreement shall commence at midnight January 1, 2024 and shall continue in effect through and terminate at midnight of January 31, 2025, subject to the termination 4 Attachment 1
provisions in Section III. B. below.
B. Termination
Notwithstanding any other section or provisions of this Agreement, either party hereto may terminate this Agreement by giving a thirty (30) day advance written notice of intention to terminate.
IV. STANDARDS OF SERVICE
A. Anticipated Service Outcome
The anticipated outcome of law enforcement services provided by COUNTY through SHERIFF to CITY under this Agreement is the provision of efficient and effective police protection and the performance of all duties as required by law or contract.
B. Performance Standards
COUNTY through SHERIFF shall provide CITY with qualified personnel to meet the following performance standards and scope of service:
1. General
All SHERIFF personnel who provide Specialized Law Enforcement Services to CITY pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.
2. Media
SHERIFF Command will assume responsibility for all related media inquiries and news releases. (collectively, "inquiries"). All such responses to inquiries shall be coordinated with CITY through a Joint Information Center (JIC) structure or its functional equivalent, composed of staff from both agencies. Additionally, SHERIFF will coordinate with CITY on all press conferences pertaining to the investigated matter(s), and CITY representatives will have the opportunity to appear alongside SHERIFF's representatives at all such press conferences.
C. Assignment of Personnel
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1. Sheriff's Responsibility
The management, direction, supervision and discipline of SHERIFF personnel, the standard of performance, and all other matters incident to the performance of services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF's sole but reasonable judgement and in accordance with the provisions of applicable labor agreements. SHERIFF shall be the appointing authority for all personnel provided to CITY and shall have complete discretion as to the assignment of all individual SHERIFF'S personnel under this Agreement.
2. Staff Assignments
If CITY has specific concerns regarding the actions of any officer, agent or employee who performs Specialized Law Enforcement Services, CITY may address those concerns with the Station Commander serving CITY.
3. Liability for Payment of Wages
CITY shall have no liability for any direct payment of salary, wages, pension liability, indemnity, or other compensation or benefit to persons engaged in COUNTY's performance of this Agreement.
D. Vehicles, Equipment, and Supplies
COUNTY shall provide all supplies, equipment and materials required for performance of the required Specialized Law Enforcement Services.
E. Contract Administration
COUNTY designates SHERIFF or his designee to represent COUNTY in all matters pertaining to the administration of the Agreement.
V. COST OF SERVICES/CONSIDERATION
A. General
As full consideration for the satisfactory performance and completion by COUNTY through SHERIFF of the Specialized Law Enforcement Services set forth in this Agreement, CITY shall pay COUNTY for the services agreed to on the basis of invoices and submittals as set forth 6 Attachment 1
hereunder.
B. Additional Services
CITY shall compensate COUNTY for additional Services requested and approved by CITY in accordance with Section II. D based upon the actual costs incurred by SHERIFF to provide those services.
C. Method of Payment, Proportional Payment, Credits
1. Quarterly Invoices
COUNTY shall invoice CITY quarterly for services received. CITY, within 30 days from the date of the invoice, shall pay to the County Treasurer, through the SHERIFF at 9621 Ridgehaven Court, San Diego, CA 92123, for costs of the services agreed upon as reflected in Attachment A.
2. Billing for Additional Services
In the event that Additional Services have been agreed to by the parties and provided by SHERIFF to CITY, such services shall be billed in addition to those listed above. CITY agrees to pay the allowable cost of such services so requested.
CITY shall not be obligated to pay for any regional services listed in Section II.C above. However, in the event that all non-contract cities are charged by COUNTY for any regional service, the COUNTY may reopen negotiations with CITY and, upon agreement of the parties, a charge for such regional service may take effect at any time during the term of this Agreement. Pursuant to Government Code section 51350, costs shall not include general overhead costs of operation of the COUNTY government.
D. Grant Availability
SHERIFF will advise CITY of availability of grant funding to maximize efforts to obtain funds for such things as anti-terrorism activities, programs, and training.
E. Availability of Funding
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All terms and conditions of this Agreement are subject to the continued appropriations and availability of funds for either party for the performance of the services stated herein. It is intended that the services provided under this agreement not exceed a cumulative invoiced total of $30,000.00 without pre-approval from the CITY. SHERIFF shall notify CITY when the cumulative invoiced total of services provided under this agreement exceeds 90% of this amount, or $27,000.00. After such notification, SHERIFF shall perform no further services until written authorization is provided by CITY to continue providing services pursuant to this agreement. Notwithstanding this paragraph or any other provision in this agreement, CITY is obligated to pay for all services provided and invoiced by SHERIFF.
VI. DEFENSE AND INDEMNIFICATION
A. Indemnification Related to Workers' Compensation and Employment Issues COUNTY shall fully indemnify and hold harmless CITY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's 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 COUNTY or any contract labor provider retained by 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 or employment (including without limitation compensation, benefits, withholdings, demotion, promotion, discipline, termination, pension, retirement contribution, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY. CITY shall fully indemnify and hold harmless COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's 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 8 Attachment 1
to, employment which is brought by an employee of CITY or any contract labor provider retained by CITY, 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, benefits, withholdings, demotion, promotion, discipline, termination, pension, retirement contribution, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of CITY or any contract labor provider retained by CITY.
B. Defense And Indemnity; Acts And Omissions
1. Claims, Actions or Proceedings Arising From Acts or Omissions of COUNTY COUNTY hereby agrees to defend and indemnify the CITY, its agents, officers and employees, from any claim, action or proceeding against CITY, arising out of the acts or omissions of COUNTY or its employees or contract labor providers in the performance of this Agreement as determined pursuant to section VI.B.4 below. At its sole discretion, CITY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. CITY shall notify COUNTY promptly of any claim, action or proceeding and cooperate fully in the defense.
2. Claims, Actions or Proceedings Arising From Acts or Omission of CITY CITY hereby agrees to defend and indemnify the COUNTY, its agents, officers and employees, from any claim, action or proceeding against COUNTY, arising out of the acts or omissions of CITY or its employees or contract labor providers in the performance of this Agreement. At its sole discretion, COUNTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve CITY of any obligation imposed by this Agreement. COUNTY shall notify CITY promptly of any claim, action or proceeding and cooperate fully in the defense.
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3. Claims, Actions or Proceedings Arising From Concurrent Acts or Omissions COUNTY hereby agrees to defend itself, and CITY hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and CITY. In such cases, COUNTY and CITY agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 5 below (referring to joint defense agreements and reimbursement and/or reallocation).
4. Limited COUNTY Defense And Indemnification Of CITY; Claims Investigation a. Limited COUNTY Defense And Indemnification Of City
The COUNTY shall indemnify, defend and hold the CITY harmless pursuant to section VI.B.1 where asserted CITY liability is based solely on all three of the following circumstances:
(1) The incident giving rise to the claim or suit occurred as a result of the CITY's contractual relationship with COUNTY under this Agreement; (2) The incident giving rise to the claim or suit occurred within the jurisdictional boundaries of CITY and was not caused by a "dangerous condition" for which the CITY is responsible; and
(3) The conduct alleged to be that of the CITY is, in fact, solely that of the COUNTY or its employees or contract labor providers.
b. Procedure For Determination Of Duty To Defend And Indemnify If the COUNTY and/or CITY receive a claim or claims containing a description of circumstances, and/or are served with a complaint containing allegations, that the actions and/or omissions of the COUNTY and CITY in the performance of this Agreement contributed to the injuries and/or damages alleged in the complaint, the COUNTY shall look beyond the mere description of circumstances or allegations to determine whether CITY acts, omissions or dangerous conditions of 10 Attachment 1
CITY property may not have contributed to the injuries and/or damages alleged in the complaint, notwithstanding the allegations. The COUNTY, consistent with its long-standing practice, shall review the information in any COUNTY claims file, including investigative materials of the factual circumstances underlying the complaint's allegations and/or available law enforcement agency incident reports.
If the COUNTY review determines that there is no reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in paragraph 4.a above. However, if as a result of the COUNTY review, there appears to be a reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, COUNTY shall, as soon as practicable contact the appropriate CITY representative to discuss COUNTY's opinions. If, after the discussion with CITY representative, the COUNTY determines in its sole discretion that there is no reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in paragraph A, above. However, if there continues to appear to be a reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the plaintiff's injuries and/or damages alleged in the complaint, the COUNTY will notify CITY that the COUNTY, pursuant to the provisions of this Agreement, is not obligated to defend and indemnify CITY under paragraph 4(a), above unless it is determined by a trier of fact that CITY acts, omissions or dangerous conditions of CITY property did not contribute to the plaintiff's injuries and/or damages 11 Attachment 1
alleged in the complaint, and the parties shall negotiate in good faith whether a joint defense agreement is more appropriate under the circumstances. When the COUNTY defends a claims or suit pursuant to paragraph 4(a), above, the CITY shall cooperate with COUNTY in the defense of the action of claim.
5. Joint Defense
Notwithstanding paragraph 4 above, in cases where COUNTY and CITY agree in writing to a joint defense, COUNTY and CITY may appoint joint defense counsel to defend the claim, action or proceeding arising out of the alleged concurrent acts or omissions of CITY and COUNTY. Joint defense counsel shall be selected by mutual agreement of COUNTY and CITY. COUNTY and CITY agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows:
COUNTY and CITY further agree that neither party may bind the other to a settlement agreement without the written consent of both COUNTY and CITY. Where a trial verdict or arbitration award, in a joint defense case or otherwise, allocates or determines the comparative fault of the parties, COUNTY and CITY may seek reimbursement and/or reallocation of defense costs, judgements and awards, consistent with such comparative fault.
VII. GENERAL PROVISIONS
A. Independent Contractor Status
In the performance of services under this Agreement, COUNTY and their respective officers, agents, contract labor providers and/or employees shall be deemed independent contractors and not officers, agents or employees of CITY. 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 performance of services hereunder.
CITY and COUNTY acknowledge and agree that CITY does not control the manner and 12 Attachment 1
means of performing the work of COUNTY's officers, agents, or employees who perform Law Enforcement Services, and that CITY does not have the right or authority to hire, discipline or terminate such officers, agents, or employees. COUNTY has no authority of any kind to bind CITY, and CITY has no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act, or represent itself directly or by implication as an agent of CITY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of CITY. CITY shall not act or attempt to act, or represent itself directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY.
B. 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:
County of San Diego Sheriff
Chairperson AND Contracts Manager
San Diego County PO Box 439062
Board of Supervisors 9621 Ridgehaven Ct
1600 Pacific Highway San Diego, CA 92123
San Diego, CA 92101
To: CITY
City Manager
City of Coronado
1825 Strand Way
Coronado, CA 92118
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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 overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received.
C. Time of the Essence
Time is of the essence of this Agreement. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to business days, not to include COUNTY and CITY holidays.
D. Amendments
This Agreement may be modified or amended only by a written document signed by all parties, and no oral understanding or agreement shall be binding on the parties. No party shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other parties.
E. Entire Agreement
This Agreement, including all Exhibits hereto, constitute the complete and exclusive statement of agreement between COUNTY and CITY with respect to the subject matter hereof. As such, all prior written and oral understandings are superseded in total by this Agreement.
F. Construction
Each party has held the opportunity to participate in the review of this Agreement and 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 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 party. Each of the Exhibits attached to this Agreement is hereby incorporated into this Agreement by this reference. 14 Attachment 1
G. No Third Party Beneficiaries
This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited.
H. Waiver
A waiver by COUNTY of a breach of any of the covenants to be performed by CITY, or a waiver by CITY of a breach of any of the covenants to be performed by COUNTY, 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 either 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 CITY of either performance or payment shall not be considered a waiver of the other party's preceding breach of this Agreement.
I. Authority to Enter Agreement
COUNTY and CITY each has all requisite power and authority to conduct its 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.
J. Cooperation
COUNTY through SHERIFF and CITY will cooperate in good faith to implement this Agreement.
K. 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 instrument.
L. Severability
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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 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 either party 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.
M. Representation
CITY's City Manager, or his or her designee, shall represent CITY in all discussions pertaining to this Agreement. The SHERIFF, or his or her designee, shall represent COUNTY in all discussions pertaining to this Agreement.
N. Job Actions
In the event of a work slowdown, strike, or any other form of job action by those individuals assigned to perform CITY Law Enforcement Services, COUNTY through SHERIFF agrees to provide only that minimal level of service agreed to by CITY and COUNTY, and CITY shall have no responsibility for the cost of SHERIFF's Law Enforcement Services personnel who withhold Law Enforcement Services to CITY under those circumstances.
O. Dispute Resolution Concerning Services and Payment
In the event of any dispute concerning services and payment arising from this Agreement, the Assistant Sheriff of the Law Enforcement Services Bureau, or his or her designee, and CITY's City Manager, or his or her designee, will meet and confer within ten (10) business days after receiving notice of the dispute in an attempt to resolve the dispute. In the event no agreement 16 Attachment 1
can be reached, SHERIFF, or his or her designee, and the CITY's City Manager, or his or her designee, shall meet to discuss resolution of said dispute.
P. Obligation
This AGREEMENT shall be binding upon the successors of the members of the City Council, the Mayor and the City Manager of CITY, and the members of the COUNTY Board of Supervisors and the SHERIFF.
IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its City Council on has approved the execution of this contract by its City Manager, and the COUNTY, has approved the execution of this contract on May 7, 2024.
CITY COUNTY OF SAN DIEGO
By: By:
Tina Friend, City Manager Clerk of the Board of Supervisors Approved by City Council Approved by Board of Supervisors Action Action Approved 5-0
Date Date January 14, 2020 (4)
By: By: Minute Order
Attest
By:
Kelsea Holian, City Clerk
Date
Approved as to form and legality Approved as to form and legality By: By:
Johanna N. Canlas, City Attorney Mark Day, Sr. Deputy County Counsel Date: _____________________________ Date: _____________________________ 17 Attachment 1
Attachment A
Estimated Rates
Actual costs (including overhead) of services will be invoiced.
The current Fiscal Year (FY) 23-24 Department Overhead rate for Law Enforcement Services has not been approved by the County Auditor and Controller's Office. The FY21-22 Department Overhead rate for Law Enforcement Services is 24.30%. As soon as the FY23-24 Overhead rate has been approved, we will apply this to the Salaries and Benefits of the personnel involved in providing the investigative services.