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HomeMy WebLinkAboutC27930 Law Enforcement Sevices 5 yrs.Contract No. C27930 CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: APPROVE CONTRACT WITH THE COUNTY OF RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE NEXT FIVE YEARS DATE: July 10, 2008 CONTENTS: SUBJECT CONTRACT Recommendation: By Minute Motion, approve a contract between the City of Palm Desert (City) and the County of Riverside (County), on behalf of it's Sheriffs Department, to provide law enforcement services for the next five years. Executive Summary: Approval of this contract will formalize the contractual agreement between the City and the County to provide the City with law enforcement services. Background: Every five years the City and County review the contract language to provide law enforcement services. The prior contract expired effective June 30, 2008. The contract being proposed presents no changes in service levels to the City and its language is similar to all other contracts that the County implements with other municipalities within its service region. The City Attorney has reviewed the contract and has authorized its presentation to the City Council for approval. Staffing levels and ancillary expenses are at the level approved by the City Council for the 2008/2009 fiscal year at its meeting of June 26, 2008. Therefore, staff recommends that the City Council approve this five year contract with the County and authorize the Mayor's signature to execute same. PATRICIA SCULLY, CFEE SENIOR MANAGEMENT ANALYST 'SHEILA R. GIL'LI A ASSISTANT CITY MANA( /PIO Fe ps PAUL GI PN TREAS R/FutIAMCE DIRECTOR CARLOS L. OR GA CITY MANAGE REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 D. 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). Rec: 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 as amended for a term of three years, , commencing July 1, 2008, and with a termination clause of not less than 90 days' written notice by either party prior to July 1 of the next fiscal year, 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. Action: Amended recommendation approved. 55_0 ::ITY COUNCIL AION: APPROVED '* DENIED RECEIVED OTHER d re0or 1/hpirtafjC4? a !MEET IN DATE 7 • / O • O' AYES: 'itS71rh/l&/4 ' 'I/%� '7/ ' a NOES : l i' P ABSENT : J61f ABSTAIN: A/OPC JERIF1ED BY • i -i )riginal onFile w h City Clerk's OffirE Contract. No.,. C27930 � o-� 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, hereinafter "City," and the COIJNTY OF RIVERSIDE, 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, 2013. 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current five (5) 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 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 Pazagraphs 1.1 and 1.2 herein, either party may terminate this Agreement as of the beginning of the first day of July of any yeaz 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. 1 Contract No. C27930 2.2 California ldentification System (CAL-IDZ and Records Manag,ement Svstem. �RMSI 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 soflware functions provided to City by County, which aze 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 3ail 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 softwaze, 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 hazdware and softwaze 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 regulatians 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 Off'icer. 2.2D Establishment of RMS Rates and Payment 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. 2 Contract No. C27930 2.3 Records. County shall maintain adequate records to dischazge 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 enforcement 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 S�ervision. Supervision over the rendition of law enforcement services, the standazds 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 Equipment. 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 3 Contract No. C27930 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 City-Owned Motorcycles 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 for 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 4 Contract No. C27930 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 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 sha11 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 $615, 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. "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. 5 Contract No. C27930 7.2 Establishment of Costs. The rates to be chazged City sha11 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 chazged Ciry, 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 Pavment of Costs. County, through the Sheriff's Department, shall provide to City within 30 days of the conclusion of each calendaz 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 Training C�osts. 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 sepazate 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 Cit� City shall indemnify and hold County, its officers, agents, employees and independent contractors free and hazmless 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 by County_ 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 contractors, for property damage, bodily 6 Contract No. C27930 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 form 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: Coun C� Stanley L. Sniff Jr., Sheriff City of Palm Desert Post Office Box 512 73-510 Fred Waring Drive Riverside, California 92502 Palm Desert, CA 92260 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: 7 Contract No. C27930 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 similaz 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. // /J !! // // // /I /1 // // // /J // // // // /! // // // 1/ 8 Contract No. C27930 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. 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 ATTEST: Name Title By: COUNTY OF RIVERSIDE Dated: By: Chairman, Board of Supervisors ATTEST: Nancy Romero Clerk of the Board By� COUN EL Deputy FORM P ED C U �7�� BY: '� SY THIA M. GUNZ DATE 9 Contract No. C27930 ATTACHMENT A CITY OF PALM DESERT LEVEL OF SERVICE Average Patrol Services 176.4 supported hows 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 EnforcementJTarget Team One (1) Deputy Sheriff position (supported)-Community Oriented Policing Officer Dedicated Positions One (1) Sheriff s Lieutenant position Three (3) Sherif�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) Cornmunity Service Officer I positions Two (2) Sheriffs Service Officer II positions .5241 of a Crime Analyst position .5241 of an Office Assistant II position 10 Contract No. C27930 Exhibit 1 PALM DESERT-OWNED POLICE VEHICLES. MOTORCYCLES, AND OTHER EQUIPMENT 3une 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 A�reement 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 or damage in the following amounts: a. $40,000 each ($25,000 for the motorcycle and $15,000 in equipment) i. Motor 71 —WB10418A8aZC69943 ii Motor 72 — JH2SC51767M500084 iii Motor 73 —WB10499A14ZE93225 iv Motor 74—WB10499AX3ZE90077 ---- 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 11 Contract No. C27930 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 12