HomeMy WebLinkAboutCC Resolution 11597 (Probation Enforcement MOU)RESOLUTION NO. 11597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR
THE COORDINATION OF PROBATION ENFORCEMENT (COPE).
WHEREAS, The COUNTY OF MARIN (herein, "COUNTY") and the CITY OF SAN
RAFAEL (herein, "CITY") are public agencies, having authority under California Penal Code
Section 830.1.to perform law enforcement functions for their respective communities; and
WHEREAS, COUNTY and CITY desire to cooperate and coordinate with each other in the
enforcement of probation throughout the County of Marin, including within CITY and all other
incorporated municipalities, in a program designated COPE (Coordination of Probation Enforcement)
as evidenced by the COPE Operational Agreement executed by the chiefs of all the law enforcement
agencies in the County of Marin, Exhibit "A" to the Agreement; and
WHEREAS, COUNTY desires to implement this COPE program with the participation of
CITY by way of CITY's assignment of one police officer to the COPE unit; and
WHEREAS, COUNTY and CITY desire to enter into an agreement which delineates the
responsibilities and obligations of each party, particularly with regard to defense and indemnification
obligations; and
WHEREAS, COUNTY has applied for and received grant funding from the State of
California Office of Criminal Justice Planning for the COPE program as evidenced by County
Resolution No 2002-48, Exhibit `B" to the Agreement; and
WHEREAS, CITY is willing to assign a CITY police officer full time to the COPE
program, understanding that COPE will compensate CITY for one/half of CITY police officer's
total compensation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby:
1. Approves the Memorandum of Understanding between the County of Marin and the
City of San Rafael for the Coordination of Probation Enforcement (COPE), in a
form attached hereto and incorporated herein.
2. Authorizes the Mayor to execute said Memorandum of Understanding.
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City Council held on the 19th day of July, 2004, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor BorQ
NOES: Councilmembers: None
ABSENT: Councilmembers: None
2
JEAWt M. LEONCM, City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR
THE COORDINATION OF PROBATION ENFORCEMENT
(COPE)
RECITALS
1. WHEREAS, The COUNTY OF MARIN (herein, "COUNTY") and the CITY OF
SAN RAFAEL (herein, "CITY") are public agencies, having authority under California Penal Code
Section 830. l .to perform law enforcement functions for their respective communities; and
2. WHEREAS, COUNTY and CITY desire to cooperate and coordinate with each other in
the enforcement of probation throughout the County of Marin, including within City and all other
incorporated municipalities, in a program designated COPE (Coordination of Probation Enforcement) as
evidenced by the COPE Operational Agreement executed by the chiefs of all the law enforcement
agencies in the County of Marin (attached as Exhibit "A"); and
3. WHEREAS, COUNTY desires to implement this COPE program with the
participation of CITY by way of CITY'S assignment of one police officer to the COPE unit; and
4. WHEREAS, COUNTY and CITY desire to enter into an agreement which delineates
the responsibilities and obligations of each party, particularly with regard to defense and indemnification
obligations; and
5. WHEREAS, COUNTY has applied for and received grant funding from the State of
California Office of Criminal Justice Planning for the COPE program as evidenced by County
Resolution No. 2002-48 (attached as Exhibit `B"); and
6. WHEREAS, CITY is willing to assign a CITY police officer full time to the COPE
program, understanding that COPE will compensate CITY for one/half of CITY police officer's
total compensation.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
Section 1 -- Purpose.
The purpose of this Agreement is to form, under the leadership, management and direction
of COUNTY, through its Sheriff s Department and with the particpation of CITY, a Coordination of
Probation Enforcement ("COPE") Unit to operate throughout the COUNTY, including within the
cities and towns, with the twin goals of reducing 1) the availability of methamphetamine and cocaine
and 2) gang violence.
Section 2 -- Term of Ap-reement.
This Agreement shall be effective from the commencement of operations of the COPE unit
until terminated as provided herein.
Section 3 -- Composition of the COPE Unit.
The composition of the COPE unit shall be determined by COUNTY in its sole discretion.
Pursuant to and in accordance with the terms of this Agreement, CITY shall assign one CITY police
officer to the COPE unit. CITY shall have sole discretion to determine the CITY police officer to
be assigned to the COPE unit and the length of that officer's assignment.
Section 4 -- Management and Control.
The operation of the COPE unit, including the CITY police officer, shall be under the exclusive
management, administration, direction and control of COUNTY. CITY police officer shall remain a
CITY employee, shall remain subject to CITY's and CITY Department's personnel rules and
regulations and shall be compensated by CITY.
Section 5 -- Compensation.
In consideration of CITY'S assignment of one CITY police officer to the COPE unit,
COUNTY will pay CITY one-half (1/2) the total compensation for CITY's police officer assigned
to the COPE unit.
Section 6 -- Indemnification.
With the exception of any claims or actions which individually name the CITY police officer
assigned to the COPE unit, COUNTY shall defend, indemnify, hold harmless and specifically release
CITY, its officers, agents, employees and volunteers, including but not limited to CITY police officer
assigned to the COPE unit, against any claim, action, demand, suit, judgment, loss, liability, damage or
expense of any kind (including attorneys' fees and administrative costs) for death, personal injury,
property damage, violation of constitutional rights, arising out of or resulting in any way from, in
whole or in part, the operations or activities of the COUNTY's COPE unit or any of its members,
including but not limited to surveillance, detention and arrest of persons, the use of deadly and non -
deadly force, the search and/or seizure of persons, of belongings, of personal or other property, of
buildings, of residences and of vehicles.
In connection with a claim or action which individually names the CITY police officer assigned
to the COPE unit, COUNTY shall defend CITY police officer assigned to the COPE unit against any
claim, action, demand, suit, judgment, loss, liability, damage or expense of any kind (including
attorneys' fees and administrative costs) for death, personal injury, property damage, violation of
constitutional rights, arising out of or resulting in any way from, in whole or in part, the operations or
activities of the COUNTY's COPE unit or any of its members, including but not limited to
surveillance, detention and arrest of persons, the use of deadly and non -deadly force, the search and/or
seizure of persons, of belongings, of personal or other property, of buildings, of residences and of
vehicles. CITY shall reimburse COUNTY filly percent (50%) of the cost of defense. CITY shall have
the discretion to defend CITY police officer assigned to the COPE unit in the claim, action, demand or
suit and, if CITY elects to undertake the officer's defense, CITY shall not pay COUNTY any costs of
defense or attorneys fees. COUNTY and CITY shall equally divide (50/50) any loss, liability or
damage resulting from a judgment or settlement 1) which results from the operations or activities of the
COPE unit and 2) which is specifically assessed against the CITY police officer assigned to the COPE
unit either by judicial action (including arbitration) or by settlement agreement entered into by
COUNTYand CITY. If no loss, liability or damage is specifically assessed against CITY police
officer, COUNTY shall fully indemnify CITY.
The indemnity provisions in this Memorandum of Understanding are intended to apply only
to claims or actions which involve the COPE unit and/or the CITY police officer assigned to the
COPE unit. If a claim or action involves CITY police officers, agents, employees or volunteers
other than the CITY police officer assigned to the COPE unit, the indemnity provisions of this
section shall not apply to the liability, defense or indemnity of the CITY, its officers, agents,
employees or volunteers for other than the operations or activities of the CITY police officer
assigned to the COPE unit (e.g., CITY police back-up of a COPE operation, or vice versa) and in
all such cases California law shall apply without the express shift of liability stated herein.
Section 7 -- Termination.
Any party may withdraw from this Agreement, without cause and without liability to the other
party, by providing the other party written notice of intention to do so thirty (30) days prior to the
effective date of withdrawal. The rights and obligations of such party hereunder shall terminate thirty
(30) days after the date of mailing such notice.
Section 8 -- Notice.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be
notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of
deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY: John Rohrbacher, Interim Chief of Police
City of San Rafael
1400 Fifth Ave.
San Rafael, CA 94901
415-485-3009
TO COUNTY: Robert Doyle, Sheriff
County of Marin
Marin County Sheriff s Office
3501 Civic Center Drive, Rm 145
San Rafael, CA 94903
415-499-7250
Section 9 -- Entire Agreement.
The terms and conditions of this Agreement, all exhibits attached, and all documents expressly
incorporated by reference, represent the entire Agreement of the parties with respect to the subject
matter of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or
written, regarding the subject matter between the COUNTY and the CITY. The terms and conditions
of this Agreement shall not be altered or modified except by a written amendment to this Agreement
signed by the parties.
Section 10 -- Dispute Resolution.
Should any dispute between the parties arise out of the operation or peformance of this
Agreement, the parties shall proceed to resolve their dispute in the following manner:
A. One party must formally notify the other in writing that the dispute be submitted to the
resolution process.
B. Within fifteen (15) days, the attorneys for the parties shall confer (in any manner) in an
attempt to resolve the dispute, each side to bear its own cost.
C. If the dispute has not been resolved within fifteen (15) days after the attorneys' initial
conference, the parties shall submit the dispute to mediation by a neutral mediator who shall hear the
matter within thirty (30) days of its submission; the parties shall equally bear the cost of the mediation
process.
D . If the dispute has not been resolved by mediation, the parties shall submit the dispute to
binding arbitration by a neutral arbitrator who shall hear the matter within thirty (30) days and render a
decision in writing fifteen (15) days thereafter. The arbitrator's decision shall be final.
Section 11 -- Applicable Law.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and
year first above written.
CITY OF SAN RAFAEL
Alert J�Boro, V -r
ATTEST:
Jea4de-M. Leoncini, City Clerk
f r
ry Ragghia �ity Attorn
COUNTY
1 � _
Robert oyle, Sheriff
ATTEST:
APPROVED AS TO FORM:
Pat Faulkner, County Counsel
C' WINATION OF PROBATION ENFORC T sNT
OPERATIONAL AGREEMENT
This Operational Agreement sets forth the roles and responsibilities of the participating agencies in the Coordination of
Probation Enforcement Program funded by an OCJP project grant. The Sheriff of Marin County is designated the Inter -
Agency Drug Enforcement Coordinator. The Sheriff agrees to provide the administration and coordination of the project
and to provide two grant funded members of the program team. The Police Chief of San Rafael agrees to provide a grant
funded member thereby establishing a multi jurisdictional task force.
The following agencies agree to participate in the Coordination of Probation Enforcement program in a non -grant funded
status: Marin County District Attorney's Office, Belvedere Police Department, Fairfax Police Department, Mill Valley
Police Department, Novato Police Department, Ross Police Department, San Anselmo Police Department, Sausalito Police
Department, Tiburon Police Department, Twin Cities Police Department, Marin Community College Police Department,
the Marin County Major Crimes Task Force and the Marin County Probation Department.
Each agency agrees to exchange information with the Coordination of Probation Enforcement program team regarding
targeted offenders. Each law enforcement jurisdiction further agrees to participate in the surveillance and searches within
their jurisdiction.
The Coordination of Probation Enforcement program team agrees to provide information regarding targeted offenders who
reside within each agency's jurisdiction and advise them of impending surveillances and searches.
AGREED DURING THE MONTH OF 2002 2002 AS INDICATED BELOW:
r
Date I ! /J -L—
SHERIFF
Date It I I 1 ( G
SHERIFF DISTRICT ATTORNEY
Date 7//_�i I l 1 (0 v
l� Date I l
CHIEF PROBATION OFFICER % C BELVEDERL,P\OLICE
L Date
CHIEF, FAIRFAX POLICE CHIEF, MILL VALLEY OLICE
SZL..� �l�✓Gi Date �� !/-C." �- ���(,tjhl 4•ll.t7
Date
CHIEF, NOVATO POLICE CHIEF, ROSS POLICE
Date
CHIEF, SAN A9SEL'MO POLICE
,-C��— . � � Date `�� . ,'•���1
C , !SAUSALITO POLICE
' Date - -
CHIEF, TWIN CITIES POLICE
Date
CHIEF, MARIN COMMUNIJY COLLEGE POLICE
Date
CHIEF, SAN RAFAEL POLICE
Date
CHIEF, TIBURON POLICE
.�2 /
' Date �/� -�—
COMMANDER, �Z COUNTY TASK FbRC�
EXHIBIT A
I ,.J .:L.
RIN COUNTY POLICE CHIEFS' ASSOCIA" -)N
MINUTES OF APRIL 11, 2002 MEETI,
Lt. Rick Russell of the Marin County Sheriffs Office addressed the Steering Committee regarding the Coordination of
Probation Enforcement Grant Application covering the period 7/1/2002 to 6/30/2003. Identifying and implementing a
county -wide plan was discussed.
Marin County's number one drug problem is methamphetamine. Methamphetamine was ranked by the ADA Steering
Committee as the first priority drug problem to be addressed within the County. The Coordination of Probation
Enforcement Unit has added officers from local law enforcement agencies. This has created a multi jurisdictional unit
comprised of the Marin County Sheriffs Office and the San Rafael Police Department.
This unit will concentrate its efforts to reduce the availability of drugs and attempt to curb gang related violence in low
income areas of Marin County as well as on school grounds. This multi -agency unit will be able to effectively target
problem areas in each community by using information from the Crime Analysis Unit. This will greatly increase the
quality of life in each target zone.
The funds requested are $222,869.00. The budget distribution by component will be $222,869.00 for Law Enforcement
The Coordination of Probation Enforcement Unit will be targeting mid-level and street -level offenders.
��L,% t f Date /it I (2,- Eng C!)1 r�'�-+� =— Date '
SHERIFF DISTRICT ATTORNEY
� I
Date %� /_ V L �i - N DateL ' 41 � 1 L�L
CHIEF PROBATION OFFICER 7C, BELVEDERE POLICE
- � �J�- ' Date �%�%/ , .
Date , Z—
CHIEF, FAIRFAX POLICE CHIEF, MILL VALLEY POLICE �
( Date C� / err Date'«"C Z
CHIEF, NOVATO POLICE CHIEF, ROSS POLICE
Date Date
>✓/ - i
CHIEF, SAN ANSELMO POLICE ' CHIEF, SAN RAFAEL POLICE
Date J✓f/r ,l 1 ,� ,�i l� 1'— —I ' 1 Dater/
/4_HIEF, _SA6SALITO POLICE CHIEF, TIBURON POLICE
Date
ir�?-.''L ' Date qll l /& -Z—
CHIEF, TWIN CITIES POLICE COMMANDER, MA'RIN COUNTY TASK )~ORCE
Cc' �� G � / Date
CHIEF, MARIN COMMUNITY COLLEGE POLICE
11 n„ — ./ n
RESOLUTION NO. 2002-48
RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS
WHEREAS, the County of Marin desires to undertake a certain project designated
Coordination of Probation Enforcement to be funded in part from funds made available through
the Federal Anti -Drug Abuse Enforcement Program administered by the Office of Criminal
Justice Planning ("OCJP").
NOW, THEREFORE, BE IT RESOLVED that the signatory member of the Marin
County Board of Supervisors is authorized, on its behalf to submit the attached proposal to
OCJP and is authorized to sign and approve on behalf of the Board of Supervisors the attached
Grant Award Agreement including any extensions or amendments thereof.
BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds
required for said project (including any amendment thereof) under the Program and the funding
terms and conditions of OCJP and that the cash match will be appropriated as required.
IT IS AGREED that any liability arising out of the performance of this Grant Award
Agreement, including civil court actions for damages, shall be the responsibility of the grant
recipient and the authorizing agency. The State of California and the OCJP disclaim
responsibility for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used
to supplant expenditures controlled by this body.
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the
County of Marin held on this 23 day of April, 2002, by the following vote:
AYES: SUPERVISORS John B. Kress, Harold C. Brown, Jr. Steve Kinsey,
Annette Rose, Cynthia L. Murray
NOES: NONE
ABSENT: NONE
ATTEST:
DE 1UY CLERK
PRESIDENT, BOARD OF SUPERVISORS
EXHIBIT B