HomeMy WebLinkAboutC27930 - Law Enforcement Svcs 08-28-2008 CITY OF PALM DESERT
RIVERSIDE COUNTY LAW ENFORCEMENT SERVICES CONTRACT
CITY COUNCIL STAFF REPORT
SUBMITTED BY: Da�id J. Erwin
DATE: 8-8-2008
Update following the regular Council meeting of July 10 where the Co�ncil approved the
contract with Riverside County Sheriff as amended for a term of three years commencing
July 1, 2008. The termination clause in Section 1.3 was not less than 90 days written notice
by either party before the end of the current fiscal year. Th�t information was conveyed to
the County Sheriff. I was contacted by Mr. Meyers of the Riverside County Sheriff's Office
indicating that they would be agreeable to modifying the contract for three years beginning
July 1, 2008 but the termination clause would have to be one year and is not subject to
negotiation.
The Council may take whatever action they might deem appropriate. I've attached to the
memorandum the Contract, the previous staff report and the correspondence from the City
Clerk to the Sheriff.
* By Minute Motion, approved CITY COUNCIL/ACTION:
the amended contract as APPROV�D r/ � DENIED
presented, including a RECtiIVBD OTHFR
three-year term, commencing M$g�,I D�►TE
July 1, 2008, and a 12 month AYES:
termination clause. 5-0 ��
— NO$S:
ADSENT:
ABSTAIN:
VERIFI�D BY: �
Original on F12e wit� ity C1erk's Dffice
�1BUS\DERWIN\300110.1 1
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CITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
.
STAFF REPORT
REQUEST: REQUEST FOR CONSIDERATION OF CONTRACT WITH THE
COUNTY OF RIVERSIDE TO PROVIDE LAW ENFORCEMENT
SERVICES TO THE CITY OF PALM DESERT (CONTRACT NO.
C27930)
SUBMITTED BY: Carlos L. Ortega, City Manager
DATE: August 28, 2008
CONTENTS: 1) Memorandum from Police Chief Dan Wilham dated August 13,
2008
2) Revised Contract for Law Enforcement Services
3) Preliminary Minutes from the City Council Meeting of July 10,
2008
Attached is a revised contract for law enforcement services. This contract has been
amended to reflect the City Council's direction that it be a for a three-year period of time;
however, Sheriff Stan Sniff is requesting that the termination clause remain at 12 months
notification, and his reasons are outlined in the attached memorandum from Police Chief
Dan Wilham.
Chief Deputy Steve ThetFord will be in attendance at the City Council meeting of August 28,
2008, and will be available to respond to any questions the Council may have.
( � �
CARLOS L. ORT GA
CITY MANAGER
PALM DESERT POLICE DEPARTMENT �
Served by the Riverside Counry Sheriff's Department
Stanley Sniff, Sheriff-Coroner
August 13, 2008
TO: Carlos Ortega, Palm Desert City Manager
FROM: Dan Wilham, Chief of Police
SUBJECT: Contract for Law Enforcement Services
Attached to this memorandum is the new contract between the County of Riverside and the City of
Palm Desert for law enforcement services. At the request of City Council, the contract has been
amended from five to three years, beginning July 1, 2008, and ending June 30, 2011.
The Council also voted to amend the termination clause of the contract from a twelve month
notification for cancellation to ninety days. Sheriff Sniff has requested the termination clause
regarding notification for cancellation remain at twelve months. A twelve month period allows
sufficient time for the planning for, and reassignment and redeployment of, those personnel
currently committed to the Palm Desert Police contract. It is hoped this option may also benefit the
City/Council in providing more time for study and planning of their options regarding law
enforcement services if so desired. The attached contract reflects this twelve-month option time
period.
The Police Department requests the attached contract be placed on the August 28th, City Council
Meeting agenda for discussion and hopefully approval.
If you have any questions regarding this issue or the attached contract, please contact me at (760)
836-1662.
D W/ga
/ � 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 COLTNTY OF RIVERSIDE, a political
subdivision of the State of California, on behalf of the Riverside County Sheriff's Department,
hereinafter"County."
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
1.1 Effective Dates. This Agreement shall be effective from July 1, 2008 through
June 30, 2011.
1.2 Renewal. In the event City desires to terminate this Agreement at the end of any
current three (3) year period, the City Council, 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 three (3) 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 as of the beginning of the first day of July of any year
upon notice in writing to the other party of not less than twelve (12) months prior thereto.
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.
The 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 statutes and the City 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.
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2.2 California ldentification Svstem (CAL-ID� and Records Mana�ement S s�
RMS 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.
2.2A Definitions. For purposes of this agreement the following definitions shall apply:
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, work
LAWNET, stations, RMS functions and CLETS.
2.2B Scope of RMS 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 Labar and Equi ment 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 Sheriff s Information Technology Officer.
2.2D Establishment of RMS Rates and Pavment of Costs. Establishment of RMS rates
and payments for provided services shall be as specified in Sections 7.2 and 7.3 of this
Agreement.
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2.3 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 by law. County shall provide City access to
appropriate records pertaining to City services for approval, funding or auditing services, upon
reasonable notice. Such records shall be maintained by County 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.
3. LEVEL OF SERVICE
3.1 Level of Service Specified. County shall provide all enfarcement services at the
level specified in Attachment A, attached hereto and incorporated herein by this reference.
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 do so.
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. CHIEF OF POLICE
The Sheriff will, to the extent practical, coordinate the appointment of a Police Chief 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 his designated representative will meet and confer with the City manager
or his designated representative on questions related to the provision of services.
5.2 Labor and Equi ment. 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
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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
Sheriff's specifications, shall remain within the City limits, and ownership title thereto shall
remain with City.
5.3 Citv-Owned Motorcvcles and Vehicles. In the event City chooses to provide
motorcycles or vehicles for use in providing services hereunder, the motorcycles or 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. City shall bear the cost of maintenance, fuel,
licensing, and any and all expenses associated with use of the vehicle 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 vehicles. However, County shall be responsible for the cost
of all third party liability caused by the operation of the City-owned motorcycles or vehicles,
including the property damage caused by the negligence or wrongful acts of County officers and
employees while operating City-owned motorcycles and vehicles. Motorcycles and vehicles
owned by City shall be used only for City-approved functions. See Exhibit 1 for a complete
listing of the motorcycles and vehicles owned by City, as of June 5, 2008.
5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the
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.
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 far one policy term.
b. The Contractor 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 full force and effect. Further, said Certificate(s)
and policies of insurance shall contain the covenant of the insurance carrier(s) 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 receives, prior to such effective
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date, another properly executed original Certificate of Insurance and original copies
of endorsements or certified original policies, including all endorsements and
attachments thereto evidencing coverage's and the insurance required herein is 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. Contractor shall not commence operations 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 Contractor'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 Employment 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 compensation, workers'
compensation coverage, pension, or civil service benefits from City.
6.2 Labor Shorta�e. 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 Payment 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. "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.
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7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically
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 Payment of Costs. County, through the Sheriff's Department, shall provide to
City within 30 days of the conclusion of each calendar month an itemized statement of the costs
for services being charged for said month. 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.
7.4 Field Trainin Costs. Should City elect to add additional Deputy Sheriff positions 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 within 30 days of the Board of Supervisors approval of any new
positions. Field training costs will not apply to supervisory or classified positions added to the
level of service.
8. INDEMNIFICATION AND HOLD HARMLESS
8.1 Indemnification bv City. City shall indemnify and hold County, its officers, agents,
employees and independent contractors free and harmless from any claim or liability whatsoever,
based or asserted upon any act or omission of City, its officers, agents, employees, volunteers,
subcontractors, or independent contractors, for property damage, bodily injury or death, or any
other element of damage of any kind or nature arising out of the performance of this Agreement
to the extent that such liability is imposed on County by the provisions of California Government
Code Section 895.2 or other applicable law, and City shall defend at its expense, including
attorney fees, County, its officers, agents, and employees and independent contractors in any
legal action or claim of any kind based upon such alleged acts or omissions.
8.2 Indemnification bv Count� County shall indemnify and hold City, its officers,
agents, employees and independent contractors free and harmless from any claim or liability
whatsoever, based or asserted upon any act or omission of County, its officers, agents,
employees, volunteers, subcontractors, or independent contractars, for property damage, bodily
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injury or death, or any other element of damage of any kind or nature arising out of the
performance of this Agreement to the extent that such liability is imposed on City by the
provisions of California Government Code Section 895.2 or other applicable law, and County
shall defend at its expense, including attorney fees, City, its officers, agents, employees and
independent contractors in any legal action or claim of any kind based upon such alleged acts or
omissions.
9. MEMORANDA OF UNDERSTANDING
If requested by City or by County, a memorandum of understanding will be entered into
by and between City (or its administrative designee) and County (or its administrative designee)
with respect to any question relating to the provision of services under this Agreement. Such
memorandum shall set forth the questions raised and such terms and conditions as have been
agreed upon between City and County in resolution of the question. The intent and purpose of
such memorandum shall be to implement, interpret, or clarify one or more provisions of this
Agreement. No such memorandum shall have the effect of altering any of the provisions of this
Agreement, unless executed in the form of an Amendment as provided for under Section 11 of
this Agreement. In the event of any inconsistency between the terms of such memorandum and
the terms of this Agreement, the terms of this Agreement shall govern.
10. 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.
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 fortn of a written amendment to this Agreement which is formally approved and executed by
both parties.
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:
County Citv
Stanley L. Sniff Jr., Sheriff City of Palm Desert
Riverside County Sheriff's Department 73-510 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:
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Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1 St Floor
Riverside, California 92501
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.
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.
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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.
CITY OF PALM DESERT
Dated: By:
Mayor Jean M. Benson
ATTEST:
Name
Title
By:
COUNTY OF RIVERSIDE
Dated: By:
Roy Wilson, Chairman
Riverside County Board of Supervisors
ATTEST:
Nancy Romero
Clerk of the Board
By:
Deputy
FORM F' O D U �f`l COUNS L ,����
vrct '� "
BY:_ ° DATE
SYt�I HIA M. GUNZE
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ATTACHMENT A
CITY OF PALM DESERT
LEVEL OF SERVICE
Average Patrol Services
176.4 supported hours per day. (Approximate equivalent of thirty-six (36) Deputy
Sheriff positions @ 1,780 annual productive hours per position)
Nondedicated Positions
Four(4) Deputy Sheriff positions (supported)-Traffic
Six (6) Deputy Sheriff positions (supported)-Special Enforcement/Target Team
One (1) Deputy Sheriff position(supported)-Community Oriented Policing Officer
Dedicated Positions
One (1) Sheriff=s Lieutenant position
Three (3) Sheriff=s Sergeant positions
One (1) Sheriff's Sergeant position-Motorcycle
Eight (8) Deputy Sheriff positions (supported)-Motorcycle Team
One (1) Deputy Sheriff position(supported)-K9 Officer
One (1) Deputy Sheriff position (unsupported)—Violent Crime Gang Task Force
Two (2) Deputy Sheriff positions (unsupported)-School Resource Officers
Seven (7) Community Service Officer II positions
Two (2) Community Service Officer I positions
Two (2) Sheriff=s Service Officer II positions
.5241 of a Crime Analyst position
.5241 of an Office Assistant II position
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Exhibit 1
PALM DESERT-OWNED POLICE VEHICLES. MOTORCYCLES,
AND OTHER EQUIPMENT
June 5, 2008
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 County 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 ar damage in the following amounts:
a. $40,000 each ($25,000 for the motorcycle and $15,000 in equipment)
i. Motor 71 —WB 10418A8aZC69903
ii Motor 72 — JH2SC51767M500084
iii Motor 73 —WB10499A14ZE93225
iv Motor 74—WB 10499AX3ZE90077
v. Motor 75 - JH2SC51737M500172
vi. Motor 76 - WB 10499AX4ZE93224
vii.Motor 109—WB 10499A84ZE91472
b: $280,000 total
3) Golf Carts (1) owned and insured for loss or damage in the following amounts:
a. $15,000
4) Bicycles owned and insured for first party coverage for loss or damage in the
following amounts:
a. $1,250 each
i Six (6) Cannondale bicycles
ii Seven(7) Trek bicycles
b. $16,250 total
5) "Kustom Signals" Radar Trailer owned and insured for loss or damage in the
following amounts:
a. $14,000
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6) "Segway" Electronic Personal Assistance Mobility Device (EPAMD) owned and
insured for first party coverage for loss or damage in the following amounts:
a. $7,000.00 each
i Four(4) Segway EPAMD's
b. $28,000.00 total
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�"'�'�. ��� x.', �v+��.�:
, - �,
'�.. . .< .
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008
B. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT,
PALM DESERT MIDDLE SCHOOL,AND THE CITY OF PALM DESERT AS
IT RELATES TO PARTICIPATION IN AN AFTER-SCHOOL PROGRAM AT
PALM DESERT MIDDLE SCHOOL (CONTRACT NO. C27910).
Mayor Pro Tem Spiegel moved to, by Minute Motion,authorize the Mayorto execute
the subject MOU between Desert Sands Unified School District, Palm Desert Middle
School, and City of Palm Desert as it relates to participation in an After-School Program
at Palm Desert Middle School—funds in the amount of$96,000 forthis purpose have been
approved in the FY 2008-2009 Budget. Motion was seconded by Kelly and carried by a
5-0 vote.
C. REQUESTFORAUTHORIZATIONFORTHECITYMANAGERTOAWARD
BIDS FOR THE RECYCLED WATER FILTRATION SYSTEM AT
DESERT WILLOW (CONTRACT NO. C27920).
Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the City Manager to
award bids for the recycled water filtration system at Desert Willow and appropriate said -
bid amount from Account No. 241-4195-495-8092. Motion was seconded by Kelly and
carried by a 5-0 vote.
REQUEST FOR APPROVAL OF CONTRACT WITH THE COUNTY OF
� RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES TO THE
CITY OF PALM DESERT FOR THE NEXT FIVE YEARS (JULY 1, 2008 -
JUNE 30, 2013) (CONTRACT NO. C27930).
Councilmember Finerty moved to, by Minute Motion, approve the subject contract
between the City of Palm Desert (City) and the County of Riverside (County) on behalf of
its Sheriff's Department to provide law enforcement services to the City for the next five
years, and authorize the Mayor to execute same — staffing levels and ancillary expenses
are at the level approved by the City Council for FY 2008-2009 at its meeting of June 26,
2008. Motion died for lack of a second.
Responding to question, Mr. Ortega said the contract was for five years, but
if appropriate notification was given by March, the City could cancel.
Councilman Ferguson stated it had the same draconian one-year opt out
requirement that the Palm Springs Desert Resorts Convention & Visitors
Authority (CVA) had where it required a 12 month prior notice with an
effective date of July 1 S`. He asked why was it difficult to get out of the
agreement, and why did it have to be for five years.
Mr. Ortega said it was his understanding that if notification was given by
March, it would be a 90-day notification.
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����., �� ���
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008
Councilman Ferguson stated paragraph 1.3 of the proposed agreement
stated otherwise.
Mr. Ortega responded he was referring to the existing agreement.
Councilman Ferguson offered a substitute motion for a 90-day termination
notice requirement instead of a 12-month termination notice requirement.
Responding to question, Mr. Ortega reiterated the current contract had a
90-day termination notice requirement. He said Council was not authorized
to commit itself to payment of contract beyond that fiscal year, so even
though the proposed agreement indicated a five-year contract, Council would
have to consider it every year when approving the budget.
Councilman Kelly questioned why it was written for five years.
Mayor Benson stated the contract was reviewed every year.
Councilman Ferguson agreed that in general the contract was reviewed, but -
this time he didn't like it. He said the County had a new Sheriff, and it was a
new contract for him, and he was uncomfortable with a five-year contract.
He said other contracts were not long-term.
Mr. Ortega recalled all past agreements with the Sheriff's Department were
long-term; however, he agreed the termination clause was needed because
Council could not be committed beyond it's current fiscal year.
Councilman Ferguson moved to, by Minute Motion, approve the subject contract
between the City of Palm Desert (City) and the County of Riverside (County) on behalf of
its Sheriff's Department to provide law enforcement services to the City for a term of three
years, and authorize the Mayor to execute same — staffing levels and ancillary expenses
are at the level approved by the City Council for FY 2008-2009 at its meeting of June 26,
2008.
Responding to comment, Councilman Ferguson said he didn't want to
establish a standard for long-term contracting and then have the trash
company or Desert Willow wanting the same. He said it would bind the
future Council, which he wasn't comfortable doing.
Councilmember Finerty stated that precedence had already been set.
Responding to question, Mr. Ortega said the current contract expired on
June 30�h, and the City technically didn't have a contract.
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w„'m „a A;;; .r:�
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008
Ms. Gilligan confirmed the Sheriff's Department wanted a five-year
agreement for consistency, but didn't think they would have a problem with
a three-year. She said the new contract reflected changes made by Council
on an annual basis as part of the budget, and nothing had changed this year,
nothing was added or subtracted. She prepared the staff report on behalf of
Finance Director Paul Gibson, and she reviewed the contract to make sure
it was meeting the needs of the City; she said the contract needed to be
ratified to be effective July 1, 2008.
Councilman Ferguson had no problem with the contract on July 1, and if the
Sheriff's Department had a problem with a three-year term, they could raise
that issue, but he felt this contract was renewed yearly without the scrutiny
it deserved. He said going from a 12-month to a 3-month opt-out was similar
to what the City went through with the CVA, and he didr�'t want to experience
the same with the Sheriff's Department.
Councilman Ferguson amended his motion to include commencement of the
contract to be July 1, 2008, and a termination clause of not less than 90 days' written
notice by either party prior to July 1 of the next fiscal year. Mayor Pro Tem Spiegel �
seconded the motion, and it carried by a 5-0 vote�
E. REQUEST FOR ACCEPTANCE O TF HE STATE OFFICE OF TRAFFIC
SAFETY (O.T.S.) 2009 GRANT IN THE AMOUNT OF $111,706 TO
SUPPORT THE PALM DESERT POLICE DEPARTMENT IN REDUCING
INTOXICATED DRIVERS IN THE CITY (CONTRACT NO. C27940).
Mayor Pro Tem Spiegel moved to, by Minute Motion, accept grant from the O.T.S.
to support the Palm Desert Police in reducing intoxicated drivers on the streets of Palm
Desert — grant amount of $111,706 begins October 1, 2008, and continues through
September 30, 2009, with funding to be provided through O.T.S. on a reimbursable basis.
Motion was seconded by Finerty.
Mayor Benson stated that in reviewing the various operations planned by the
Department, she thought some type of high school program could be
incorporated and included as part of the mission.
Assistant Chief Frank Taylor agreed to include with their mission in this
program and thought a great connection would be their bi-annual "Every
50-Minute Program."
Mayor Benson suggested having students attend a class prior to them
obtaining their driver's license.
Mr. Taylor agreed to set up some type of program.
Mayor Benson called for vote, and the motion carried by a 5-0 vote.
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