Memorandum of Understanding
Between
The County of San Diego Sheriff's Department and the City of San Marcos For the Sheriff's Safe San Marcos Program
Parties
This Memorandum of Understanding ("MOU") is made between the County of San Diego Sheriff's Department ("SHERIFF") and the City of San Marcos, a California municipal corporation and charter city ("CITY"). The parties to this MOU may be referred to herein collectively as the "Parties" or individually as a "Party".
Recitals
WHEREAS, the SHERIFF has created a video-sharing program, known as the Safe San Marcos program, that allows local businesses and residents to share live video footage with the SHERIFF in order to facilitate the monitoring of various locations throughout the City of San Marcos ("PROGRAM"); and WHEREAS, the City desires to cooperate with the SHERIFF in implementing the PROGRAM.
THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises to set forth below, the Parties hereto agree as follows:
Incorporation of Recitals. The Recitals set forth above are incorporated herein by this reference.
Responsibility of SHERIFF: SHERIFF agrees to manage PROGRAM. This includes accessing live video footage from local businesses and residents that choose to voluntarily share live video footage. Video recordings may be voluntarily collected from the individual or business if SHERIFF believes that the video has evidentiary' value on an investigation.
Responsibility of CITY: CITY authorizes SHERIFF to utilize CITY logo for PROGRAM. CITY acknowledges that SHERIFF will manage PROGRAM within CITY.
Administration of MOU: Each Party identifies the following individual to serve as the authorized administrative representative for that Party. Any Party may change its administrative representative by notifying the other Party in writing of such change. Any such change shall become effective upon the receipt of such written notice by the other Party to this MOU. Notice of the authorized representative shall be sent to each Party as follows:
Sheriff Representative
City Representative
Kevin Ralph
Captain
128 Santar Place
San Marcos, CA 92069
760-510-5200
Email Address:
[email protected]
Michelle Bender
City Manager
1 Civic Center Drive
San Marcos, CA 92069
(760) 744-1050 x3134
Email Address:
[email protected]
Representation: The SHERIFF represents that it is operating the PROGRAM in compliance with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted.
Public Records Act: SHERIFF and CITY are public agencies subject to the disclosure requirements of the California Public Records Act ("CPRA"). If either SHERIFF or CITY are subject to a CPRA request from a third party for records related to the PROGRAM, SHERIFF will be solely responsible for responding to the CPRA request for records in SHERIFF's possession and producing the relevant records. As it relates to SHERIFF documents, SHERIFF shall determine, at is sole discretion, whether information requested is or is not subject to disclosure under the CPRA. As it relates to documents solely in the possession of CITY, CITY will determine whether information requested is or is not subject to disclosure under the CPRA and produce the relevant records, after consulting with SHERIFF if necessary.
Indemnity: SHERIFF hereby agrees to defend and indemnify the CITY, its agents, officers and employees, from any claim, action or proceeding against CITY, to the extent arising out of the acts or omissions of SHERIFF in the performance of this MOU. 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 SHERIFF of any obligation imposed by this MOU. CITY shall notify SHERIFF promptly of any claim, action or proceeding and cooperate fully in the defense. This provision shall in no way modify or supersede the defense and indemnification provisions of Section VI of the Agreement between the City of San Marcos, the County of San Diego, and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services.
Governing Law: This MOU shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California.
Third Party Beneficiaries Excluded: This MOU is intended solely for the benefit of the SHERIFF and CITY. Any benefit to any third party is incidental and does not confer on any third party to this MOU any rights whatsoever regarding the performance of this MOU. Any attempt to enforce provisions of this MOU by third Parties is specifically prohibited.
Amendments to MOU: Any party may propose amendments to this MOU by providing written notice of such amendments to the other Party. This MOU may only be amended by a written amendment signed by all Parties.
Severability: If any terms or provisions of this MOU or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOU, or the application of such term and provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this MOU shall be valid and enforced to the maximum extent permitted by law.
Full Agreement: This MOU represents the full and entire agreement between the Parties and supersedes any prior written or oral agreements that may have existed.
Scope of MOU: This MOU only applies to the PROGRAM described herein and does not set forth any additional current or future obligations or agreements between the Parties, except that the Parties may by written amendment amend the scope of this MOU.
Term: This MOU shall become effective on the date all the Parties have signed this MOU and shall continue for five (5) years.
Termination For Convenience. Any party may, by written notice stating the extent and effective date, terminate this MOU for convenience in whole or in part, with a 30-day advance notice to the respective Parties.
Counterparts: This MOU may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument.
Representations and Warranties: Each of the Parties to this MOU represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the Party's respective obligations hereunder and that such obligations shall be binding upon such Party without the requirement of the approval or consent of any other person or entity in connection herewith.
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IN WITNESS WHEREOF, this MOU is entered into by the SHERIFF and CITY by and through the signature of the Parties' authorized representative(s), all as set forth below.
COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT, a public agency
By:
_________________________________
Date:
CITY OF SAN MARCOS, a California Charter City
By:
_________________________________
Date:
_________________________________