HomeMy WebLinkAboutC38780 - First Amndmnt - Law Enforcement SvcsSTAFF REPORT
CITY OF PALM DESERT
ADMINISTRATIVE SERVICE DEPARTMENT
MEETING DATE: August 27, 2020
PREPARED BY: Stephen Y. Aryan, Risk Manager
REQUEST: Approval of a first amendment to agreement for law enforcement
services between the City of Palm and the County of Riverside (Contract
No. C38780).
Recommendation
By Minute Motion, approve the first amendment to agreement for law
enforcement services between the City of Palm and the County of Riverside
(Contract No. C38780).
Commission Action
The Public Safety Commission previously reviewed and made a recommendation on the FY
2020-21 Police Department Budget to the City Council. This matter is housekeeping in nature
and reflects the staffing changes reviewed by the Public Safety Commission and approved
by the City Council.
Strateqic Plan Objective
This matter is related to the Public Safety and Emergency Services section of the Palm Desert
Strategic Plan, specifically under Priority 1: Enhance the Delivery of Public Safety Services.
The priority's strategy is to expand the existing superlative services provided by the fire and
police departments to address future growth and safety concerns.
Background Analvsis
The Palm Desert Police Department is a contracted service of the Riverside County Sheriff's
Department, which provides for general patrol of the City and has various special teams that
are ancillary service to patrol. These special teams include, but are not limited to, a traffic
enforcement Motor Team, Special Enforcement Team, Business District Team, Burglary
Suppression Team, and representation on local violent crime/gang and narcotics task forces.
At its regular meeting of June 27, 2019, the Palm Desert City Council approved a new contract
between the City and County of Riverside, on behalf of its Sheriff's Department, to provide
Law Enforcement Service for a five-year term. The contract commenced on July 1, 2019, and
will expire on June 30, 2024.
August 27, 2020 - Staff Report
Law Enforcement Services Agreement Amendment
Page 2 of 2
Staff worked collaboratively with the Riverside County Sheriff's Department in identifying
various position/deployment modifications to help mitigate the City's FY 2020/21 budget
shortfall, in addition to modifications made in previous years. The new modifications to the
contract this fiscal year include:
• Reducing Patrol Hours (From 171.4 daily hours to 144 daily hours)
• Suspending the Administrative Sergeant Position
• Suspending Two Motor Team Officers
• Suspending the K9 Officer Position
• Suspending One Business District Team Position
• Suspending One School Resource Officer Position
• Recruiting Three Additional Community Services Officer 11 Positions
"Attachment A" of the current law enforcement services agreement details the current level of
service provided to the Palm Desert community by the Riverside County Sheriff's Department.
The contract needs to accurately reflect any service changes made; therefore, the City Council is
respectfully requested to approve this first amendment to Contract No. C38780.
Fiscal Analysis
The approved FY 2020/21 Police Budget is approximately $19.5 million and this amendment
would not change that amount. It accurately reflects changes to the level of service provided by
the Riverside County Sheriff's Department and there is no additional impact to the General Fund
Operating Budget.
LEGAL REVIEW
DEPT. REVIEW
FINANCIAL REVIEW
ASSISTANT
CITY MANAGER
TR-H
Y,,&UC9ahine/y
N/A
Robert W. Hargreaves
Lori Carney
Janet M. Moore
Andy Firestine
City Attorney
Director of Admin. Services
Director of Finance
Assistant City Manager
City Manager Lauri Aylaian:'
ATTACHMENTS:
1.Proposed First Amendment to Contract No. C38780
2. Contract No. C38780
Original 1 of 3
FIRST AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT
SERVICES BETWEEN THE CITY OF PALM DESERT
AND THE COUNTY OF RIVERSIDE
IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between
the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside
County Sheriff's Department, and the City of Palen Desert, a Charier City, approved by the Board
of Supervisors on September 10, 2019 for services effective July 1, 2019 through June 30, 2024,
is hereby amended in the following respects, and all other terms and conditions of the Agreement
remain in full force and effect:
1. Attachment A of the Agreement is hereby deleted and replaced with the Attachment
A-1 that is attached to this Amendment.
IN WITNESS WHEREOF, the City of Palm Desert, by minute order or resolution duly
adopted by its City Council, has caused this Amendment to Agreement to be signed by its Mayor
and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of
Supervisors, has caused this Amendment to be signed by the Chairman of said Board and sealed
and attested by the Clerk of said Board, all on the dates indicated below.
CITY OF PALM DESERT
Dated: By:
Gina Nestande, Mayor
ATTEST --
Name
Title
By:
APPROVED AS TO FORM:
By:
Best Best & Krieger, LLP
City Attorney
Dated:
ATTEST:
Kecia R. Harper
Clerk of the Board
I0
Deputy
COUNTY OF RIVERSIDE
V. Manuel Perez, Chairman
Riverside County Board of Supervisors
APPROVED AS TO FORM:
Greg P. Priamos
County Counsel
Susanna Oh
Deputy County Counsel
ATTACHMENT A-1
CITY OF PALM DESERT
LEVEL OF SERVICE
Averaee Patrol Services
144 fully supported hours per day (Approximate equivalent of 29.5 Deputy Sheriff positions @
1,780 annual productive hours per position).
Non -Dedicated Positions
One (1) Deputy Sheriff position (Commercial Enforcement) -Supported
(Cove Communities Shared Position)
Two (2) Deputy Sheriff positions (Burglary Suppression) -Supported
Dedicated Positions
One (1) Sheriff's Lieutenant position
Two (2) Sheriff's Sergeant positions (Business District Team and Traffic)
Four (4) Deputy Sheriff positions (Motor Officers) -Supported
Three (3) Deputy Sheriff positions (SET) -Supported
Three (3) Deputy Sheriff positions (Business District) -Supported
One (1) Deputy Sheriff position (School Resource) -Unsupported
One (1) Deputy Sheriff position (Violent Crime Gang Task Force) -Unsupported
One (1) Deputy Sheriff position (Coachella Valley Narcotics Task Force) -Unsupported
Eleven (11) Community Service Officer II positions
CITY 01 P H I M OESERT
73-510 FRED WARING DRIVE /p
PALM DESERT, CALIFORNIA 92260-25 78 6A 7 • �j�•`
TEL: 760 346—o6i i
info@cityofpalmdesert.org
U
July 16, 2019
Chad Bianco, Sheriff
Riverside County Sheriff's Department
Post Office Box 512
Riverside, California 92502
Dear Sheriff Bianco:
Subject: Contract No. C38780 - Law Enforcement Services Between the
Citv of Palm Desert and the Countv of Riverside for a Five-vear
Term, 2019-2024
At its regular meeting of June 27, 2019, the Palm Desert City Council, by Minute Motion,
approved subject contract between City of Palm Desert and County of Riverside, on
behalf of its Sheriff's Department, to provide Law Enforcement Services for a five-year
term, commencing July 1, 2019, through June 30, 2024.
Enclosed are three original Law Enforcement Services Agreements as executed by the
City of Palm Desert. Once fully executed by your agency, please forward a copy to us
for our file.
If you have any questions or require additional information, please do not hesitate to
contact my office.
Sincerely,
RACHELLE D. KLASSEN, MMC
CITY CLERK
RDK:mgs
Enclosures (as noted)
cc/enc: Stephen Y. Aryan, Risk Manger
Finance Department
aw
Original 3 of 3
AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF PALM DESERT
AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT is made and entered into by and between the CITY OF PALM
DESERT, a charter city, hereinafter "City," and the COUNTY OF RIVERSIDE, a political
subdivision of the State of California, on behalf of the Riverside County Sheriffs Department,
hereinafter "County."
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
1.1 Effective Dates. This Agreement shall be effective from July 1, 2019 through June 30,
2024.
1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current
five (5) year period, the City, not later than twelve (12) months preceding the expiration date of the
current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to
terminate the same; otherwise, this Agreement shall be automatically renewed for an additional five
(5) year period at the level of service then currently in effect. As a matter of convenience to the
parties hereto, and in order to facilitate continuity of the law enforcement services provided to City,
the parties may mutually approve and ratify any automatic renewal of this Agreement retroactively to
the effective date of such automatic renewal.
1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either
party may terminate this Agreement upon notice in writing to the other party of not less than twelve
(12) months prior to the effective termination date.
2. SCOPE OF SERVICE
2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police
protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It
is understood that the Sheriff s Department shall be the sole provider of general and specialized law
enforcement services within the corporate limits of City. City shall not hire any other persons or
company to provide general and specialized law enforcement services within the corporate limits of
City. However, City is not precluded by any language in this section from hiring an unarmed code
enforcement unit. The Sheriffs services shall encompass duties and functions of the type falling
under the jurisdiction of and customarily rendered by a police department of the City under State
statutes. Such services shall include the enforcement of State criminal codes and all pertinent City
criminal codes and ordinances. Services shall also include traffic enforcement and related services to
the extent possible given the size of the force provided for in this Agreement. County agrees to
provide all investigative support necessary to complete criminal investigations conducted hereunder.
However, all investigator overtime will be charged City at the County Board of Supervisors
approved hourly overtime rate.
2.2 California Identification Svstem (CAL -ID) and Records Management Svstem (RMS)
SEP 1 0 2019
CONTRACT NO. C38780
City agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under
the terms and conditions set forth in this Section and to pay for these services under separate billings.
2.2A Definitions. For purposes of this Agreement the following are some the more
common definitions which shall apply, but shall not be limited by this reference:
a) Records Management System (RMS) functions shall mean the software functions
provided to City by County, which are supplied by the RMS. These functions shall
include inquiry and case entry into the RMS, access to the Master Name Index,
Warrant and Master Location Index and Jail Locator databases.
b) The California Law Enforcement Telecommunications System Access (CLETS)
shall mean that access to the Department of Justice computers provided by County to
City.
c) Work Station shall mean those County devices and software, which are used by
City to access RMS functions and the CLETS.
d) LAWNET shall mean the County's law enforcement telecommunications network
consisting of County provided data circuits, digital service units, routers, hubs and
other County provided hardware and software that is used by City to connect work
stations to RMS services as defined below.
e) County Services shall mean the collective hardware and software, LAWNET,
workstations, RMS functions and CLETS.
2.213 Scope of RMS/CLETS Services. County agrees to provide to City full access to the
RMS and CLETS systems. CLETS access will be provided within the scope of CLETS
access rules and regulations as established by the California State Department of Justice.
2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision
of County Services, the standards of performance and other matters incident to the
performance of such services, shall remain with County. Security of the host system and
control of LAWNET shall remain with County. The County shall furnish all labor and
equipment for the host system necessary to maintain the level of service rendered hereunder.
In the event City chooses to provide PC -based equipment for services defined herein, the
equipment must be configured in accordance with County specifications. Further, City shall
not alter the configuration of any PC -based equipment used to provide services herein
without the permission of Sheriffs Information Technology Officer.
2.21) Establishment of CAL -ID and RMS Rates and Pavment of Costs. Establishment of
RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of
this Agreement.
3. LEVEL OF SERVICE
3.1 Level of Service Specified. County shall provide all enforcement services at the
level specified in Attachment A, attached hereto and incorporated herein by this reference.
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CONTRACT NO. C38780
3.2 Variation in Level of Service. Variation in the level of service shall be made by
amendment, as provided for in Section 11 of this Agreement, and under the following terms:
If City requests an increase in the level of service to be provided under this Agreement,
County agrees to provide such increased level of service as soon as is practicable, consistent with the
ability of the Sheriff to hire and train recruits.
If City elects to reduce the level of service provided herein by ten percent (10%) or greater,
City must give notice in writing to County not less than twelve (12) calendar months prior to the
effective date of such reduction. If City elects to reduce the level of service provided herein by less
than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is
practicable. The level of service, however, may not be reduced to below the minimum level, as
determined by County, required to ensure public and officer safety.
4. ASSISTANT CHIEF OF POLICE
The Sheriff will, to the extent practical, coordinate the appointment of an Assistant Police
Chief (Lieutenant) and consult with City on final selection for the position.
5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT
5.1 Supervision. Supervision over the rendition of law enforcement services, the standards
of performance, the discipline of officers, and other matters incident to the performance of such
services and the control of personnel so employed, shall remain with County. The Sheriff or a
designated representative will meet and confer with the City Manager or a designated representative
on questions related to the provision of services.
5.2 Labor and Eauioment. For the purpose of performing said services, County shall furnish
and supply all labor, supervision, equipment, communication services, and supplies necessary to
maintain the level of service to be rendered hereunder. Location of the above will not necessarily be
within City limits. Notwithstanding anything herein contained, it is agreed that in all instances
where specific equipment used solely to support specialized enforcement activities within the City
not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices,
forms, and the like related to law enforcement are to be issued in the name of City, such equipment
and materials shall be supplied by City at its own cost and expense. Any such special equipment or
materials so purchased by City shall meet with the Sheriffs specifications shall remain within the
City limits, and ownership title thereto shall remain with City.
However, under no circumstances shall City purchase or otherwise provide general patrol
vehicles for services provided pursuant to this Agreement without permission of Sheriff. The
County shall provide all marked general patrol vehicles to City and shall charge City for their use on
a per mile basis.
5.3 City -Owned Motorcycles and Specialized Support Vehicles. In the event City chooses
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CONTRACT NO. C38780
to provide motorcycles or specialized support vehicles for use in providing services hereunder, the
motorcycles or specialized support vehicles shall meet minimum specifications furnished by County,
shall be adequately equipped and ready for use, and shall be registered in the name of City. It is
further understood that City is providing motorcycles or specialized support vehicles to Sheriff
expressly for law enforcement services and shall only be operated by Sheriff's personnel, or persons
authorized by the Sheriff.
City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated
with use of the motorcycles and specialized support vehicles for the provision of services hereunder,
which is inclusive of responsibility for any and all cost for physical damage to the City -owned
motorcycles or specialized support vehicles. However, County shall be responsible for the cost of
all third party liability caused by the operation of the City -owned motorcycles or specialized support
vehicles, including the property damage caused by the negligence or wrongful acts of County officers
and employees while operating City -owned motorcycles and specialized support vehicles.
Motorcycles and specialized support vehicles shall be used only for city -approved functions. See
Exhibit 1 for a complete listing of the motorcycles and support vehicles owned by the City, as of July
1 2019.
5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the City -
owned vehicles in an amount equal to the replacement value of all vehicles provided to the County
under this Agreement. Policy shall, by endorsement, name the County of Riverside, its departments,
districts, agencies and special districts, their respective directors, officers, Board of Supervisors,
elected and appointed officials, employees, agents, or representatives as additional insureds. Such
insurance may be provided through a program of self-insurance. Notwithstanding the foregoing,
City's insurance shall not be responsible for third party liability caused by operation of the City -
owned motorcycles or specialized support vehicles, including property damage caused by the acts of
County officers and employees. while operating City -owned motorcycles and specialized support
vehicles.
General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to
the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8)
unless such requirements are waived, in writing, by the County risk manager. If the
County's risk manager waives a requirement for a particular insurer such waiver is only
valid for that specific insurer and only for one policy term.
b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with
1) a properly executed original Certificate(s) of Insurance and certified original copies of
Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or
in writing by the County Risk Manager, provide original certified copies of policies
including all endorsements and all attachments thereto, showing such insurance is in fiill
force and effect. Further, said Certificate(s) and policies of insurance shall contain the
covenant of the insurance carrier(s) that shall provide no less than thirty (30) days
written notice be given to the County of Riverside prior to any material modification or
cancellation of such insurance. In the event of a material modification or cancellation of
coverage, this Agreement shall terminate forthwith, unless the County of Riverside
Cl
CONTRACT NO. C38780
receives, prior to such effective date, another properly executed original Certificate of
Insurance and original copies of endorsements or certified original policies, including all
endorsements and attachments thereto evidencing coverages and the insurance required
herein are in full force and effect. Individual(s) authorized by the insurance carrier to do
so on its behalf shall sign the original endorsements for each policy and the Certificate
of Insurance. If County is utilizing City -owned vehicles, operations shall not commence
until the County of Riverside has been furnished original Certificate (s) of Insurance and
certified original copies of endorsements or policies of insurance including all
endorsements and any and all other attachments as required in this Section.
c. It is understood and agreed by the parties hereto and the City's insurance company(s),
that the Certificate(s) of Insurance and policies shall so covenant and shall be construed
as primary insurance, and the County's insurance and/or deductibles and/or self -insured
retentions or self -insured programs shall not be construed as contributory.
6. EMPLOYMENT STATUS OF PERSONNEL
6.1 Emnlovment Status. Any person employed by County for the performance of services
and functions pursuant to this Agreement shall remain employees of County on special assignment to
City for the purposes of this Agreement, and shall not be considered employees of City. No such
County employee shall have any entitlement to workers' compensation coverage, pension, or civil
service benefits from City.
6.2 Labor Shortage. In the event of a work slow -down, strike, or any other form of job
action by those individuals assigned to City, County agrees to provide only that level of service
which may be available through mutual aid, pursuant to Government Code Section 8615, et seq.
City shall be billed only for the actual hours of service received.
7. COMPENSATION
7.1 Pavment Basis. City shall reimburse County the cost of rendering services hereunder at
rates established by the County Board of Supervisors, which rates shall include all items of cost and
expense to the Sheriff for providing the services hereunder. Such cost of services shall be
established by the County Board of Supervisors in the form of hourly rates for Sheriff's Department
personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL -ID fees. "Cost" as
used herein shall not include items of expense attributable to services normally provided or available
to all territory within the County as part of County's obligation to enforce State law. In addition to
any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt
of an invoice from County, a criminal justice administrative fee consistent with Government Code
Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as
if such arrests had been made by City employees. Pursuant to Government Code Section 51350,
County shall not charge City for services it would provide to any city in the County free of charge.
These services, which are provided at the discretion of County, could typically include the services
of the Sheriff s Special Investigations Bureau, Emergency Services Team, Canine Unit and Aviation
Unit.
CONTRACT NO. C38780
7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but
not more than once each fiscal year, to reflect any changes in the cost to County for providing
services hereunder. City shall be notified of any change in the rates to be charged City prior to
submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be
given the opportunity to review the proposed change with County personnel. City shall, thereafter,
be notified of adoption by County of the rates to be charged City, and said new rates shall take effect
on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment,
choose not to appropriate or expend any additional monies needed to support the level of service
theretofore supplied, County reserves the right to reduce the level of service in accordance with the
amount City is willing to expend.
7.3 Facility Rate Charees. City shall reimburse County for the costs incurred by the
Sheriff's Department at County -owned or leased facilities. Costs are prorated according to the
facility's square footage occupied by a Sheriff's Department Bureau or Unit.
Calculation of Facility Rates. The total of the facility's cost components is divided by the
appropriate variable number of positions (number of station funded, sworn department funded or
total Department funded employces depending on the facility in question and the Department
population served). This cost per funded position is then applied to the number of positions
chargeable to the contract city to arrive at each contract city's share of the facility cost.
The County agrees that Facility Rate Station charges to City will not be increased due to the
Sheriff's decision to move contract or unincorporated County patrol positions from the station.
7.4 Pavment of Costs. County, through the Sheriff's Department, shall provide to City
within 30 days of the conclusion of each billing period, an itemized statement of the costs for
services being charged for said billing period. Billing statements for RMS services will be provided
quarterly for services being charged for said quarter. City shall remit payment to the invoicing
department within 30 days after receipt of such statements. If such payment is not received by the
County within thirty (30) days after presentation of billing, County may satisfy such indebtedness
from any funds of the City on deposit with County as provided by law pursuant to Government Code
Section 907.
7.5 Field Train ine Costs. Should City elect to add additional Deputy Sheriffpositions to the
level of service described herein, there will be an associated field training cost for each additional
position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of
training on a one-time basis for each additional Deputy position. Said cost will be charged at the
Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be
provided for field training costs in conjunction with the rate adjustment billing. Field training costs
will not apply to supervisory or classified positions added to the level of service.
7.6 Miscellaneous Costs. There are a number of other service costs that City shall be
rel
CONTRACT NO. C38780
responsible for paying as they are incurred. These costs are not included as the support or service
and materials cost components in the fully supported Deputy hourly rate, nor any other such rates
established by the County Board of Supervisors. These service costs may include, but are not limited
to charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams,
specialized printing jobs exclusive to City and training for personnel requested by City for
specialized law enforcement.
S. INDEMNIFICATION AND HOLD HARMLESS
8.1 Indemnification by City. City shall indemnify and hold harmless the County, its
agencies, districts, special districts and departments, their respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents and representatives ftom any
liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its
officers, employees, contractors, agents or representatives arising out of or in any way relating to this
Agreement, including but not limited to property damage, bodily injury, or death. City shall defend,
at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense
and settlements or awards, the County, its agencies, districts, special districts and departments, their
respective directors, officers, Board of Supervisors, elected and appointed officials, employees,
agents and representatives in any such action or claim. With respect to any action or claim subject to
indemnification herein by City, City shall, at its sole cost, have the right to use counsel of its own
choice and shall have the right to adjust, settle, or compromise any such action or claim without the
prior consent of County; provided, however, that any such adjustment, settlement or compromise in
no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations
hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or
similar document) relieving the County from any liability for the action or claim involved. Any
insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold
harmless the County.
8.2 Indemnification by County. County shall indemnify and hold harmless the City, its
agencies, districts, special districts and departments, their respective directors, officers, elected and
appointed officials, employees, agents and representatives from any liability, claim, damage or action
whatsoever, based or asserted upon any act or omission of County, its officers, employees,
contractors, agents or representatives arising out of or in any way relating to this Agreement,
including but not limited to property damage, bodily injury, or death. County shall defend, at its sole
cost and expense, including but not limited to attorney fees, cost of investigation, defense and
settlements or awards, the City, its agencies, districts, special districts and departments, their
respective directors, officers, elected and appointed officials, employees, agents and representatives
in any such action or claim. With respect to any action or claim subject to indemnification herein by
County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have
the right to adjust, settle, or compromise any such action or claim without the prior consent of City;
provided, however, that any such adjustment, settlement or compromise in no manner whatsoever
limits or circumscribes County's indemnification of City. County's obligations hereunder shall be
satisfied when County has provided to City the appropriate form of dismissal (or similar document)
7
CONTRACT NO. C38780
relieving the City from any liability for the action or claim involved. Any insurance coverage shall
in no way limit or circumscribe County's obligations to indemnify and hold harmless the City.
9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff
shall administer this Agreement on behalf of County.
10. RECORDS
County shall maintain adequate records to discharge its responsibilities under this Agreement,
and shall permit inspection of County's appropriate records that relate to City services under this
Agreement, as allowed bylaw. County shall provide City access to appropriate records pertaining to
City services for approval, funding or auditing services, upon reasonable notice. County shall
maintain such records for periods of time as provided by law or records retention schedules duly
adopted by the appropriate legislative body. Covenants under this Section shall survive the
termination of this Agreement.
11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal
understanding of the parties, their officers, agents, or employees, shall be valid unless made in the
form of a written amendment to this Agreement which is formally approved and executed by both
parties. No waiver of any term or condition of this Agreement by either party shall be a continuing
waiver thereof.
12. NOTICES
Any notices required or desired to be served by either party upon the other shall be addressed
to the respective parties as set forth below:
Coun C
Chad Bianco, Sheriff City of Palm Desert
Riverside County Sheriffs Department 73 -5 10 Fred Waring Drive
Post Office Box 512 Palm Desert, CA 92260
Riverside, California 92502 Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties.
An information copy of any notice to County shall also be sent to:
Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1 st Floor
Riverside, California 92501
CONTRACT NO. C38780
13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall continue in full force and effect.
14. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that
degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers
in performance of the duties required by this Agreement. All Sheriff's personnel who provide
general and 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.
15. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event any
action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this
Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.
16. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their understanding
with respect to the subject matter hereof and as a complete and exclusive statement of the terms and
conditions thereof and supersedes any and all prior and contemporaneous agreements and
understandings, oral or written, in connection therewith.
G1
CONTRACT NO. C38780
IN WITNESS WHEREOF, the City of Palm Desert, by minute order or resolution duly
adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and
sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this
Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of
said Board, all on the dates indicated below.
Dated: June 27, 2019
CITY OF PALM DESERT
By: S — ,J,J'
Susan Marie Weber, Mayor
ATTEST:
Name: Rachelle Klassen
Title: City Clerk
By: 2�S
XT
APPROVP AS' TQ FROM:
B
Bes�Best & Krieger, LP
City 4ttomey '¢
COUNTY OF RIVERSIDE
Dated: S E P 1 0 2019 y- ,
`fin Jeffries, Chairman
Riverside County Board of Supervisors
ATTEST:
Kecia Harper-i%Mr
Clerk of the Board
10
APPROVED AS TO FORM:
Greg P. Priamos
County Counsel
By:
Kristine 11-Valdez
Supervising Deputy County Counsel
CONTRACT NO. C38780
ATTACHMENT A
CITY OF PALM DESERT
LEVEL OF SERVICE
Average Patrol Services
171.4 supported hours per day (Approximate equivalent of thirty-five (35)
Deputy Sheriff positions @ 1,780 annual productive hours per position standard.)
Nondedicated Positions
One (1) Deputy Sheriff position (Commercial Enforcement) -Supported
(Cove Communities Shared Position)
Two (2) Deputy Sheriff positions (Burglary Suppression) -Supported
Dedicated Positions
One (1) Sheriff's Lieutenant position
Three (3) Sheriff's Sergeant positions (Business District Team, Traffic, and Administration)
Six (6) Deputy Sheriff positions (Motor Officers) -Supported
Three (3) Deputy Sheriff positions (SET) -Supported
Four (4) Deputy Sheriff positions (Business District) -Supported
One (1) Deputy Sheriff position (K-9)-Supported
Two (2) Deputy Sheriff positions (School Resource) -Unsupported
One (1) Deputy Sheriff position (Violent Crime Gang Task Force) -Unsupported
One (1) Deputy Sheriff position (Coachella Valley Narcotics Task Force) -Unsupported
Eight (8) Community Service Officer 11 positions
CONTRACT NO. C38780
Exhibit 1
PALM DESERT -OWNED POLICE VEHICLES, MOTORCYCLES,
AND OTHER EOUIPMENT
July 1, 2019
In order to specify the vehicles and motorcycles and related equipment covered in Section 5.3
"City -owned Motorcycles and Vehicles" and Section 5.4 "Vehicle Insurance" in the Agreement
for Law Enforcement Services Between the Citv of Palm Desert and the Countv of Riverside, the
following schedule is provided.
1) Automobiles: The City of Palm Desert does not own any automobiles operated by
the County of Riverside law enforcement.
2) Motorcycles owned and insured for loss or damage in the following amounts:
a. $35,000 each ($25,000 for motor and $10,000 for equipment)
Motor No.
VIN
MAKE
Motor 148
WBIOA1307FZ192582
BMW
Motor 871
WB 104400DZW22267
BMW
Motor 872
WB 1044009DZW22266
BMW
Motor 873
WB 1044004DZW21768
BMW
Motor 875
WB IOA1302GZ196296
BMW
Motor 877
WB 104400DZW21767
BMW
Sergeant/Spare
JH2SC51737M500182
Honda
Spare
JH2SV51709K600146
Honda
Training
JH2SC51737M500172
Honda
3) Golf Cart (1) owned and insured for loss or damage in the following amount:
a. $15,000
5) "Universal Signals" 8' x 20' DUI Radar Trailer— IU9EV2523AS078496 owned
and insured for loss or damage in the following amounts:
a. $23,000