HomeMy WebLinkAboutID# 15-694 Riverside County Sheriff's Depart Renewal Agreement Law Enforcement ServicesCITY OF
LADE LSINORE
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES, CITY MANAGER
DATE: JULY 28, 2015
SUBJECT:
Department For Law
Ended June 30, 2020
Recommendation
Approve renewal of the agreement with the County of Riverside Sheriff's Department to
perform law enforcement services for the five fiscal years ending June 30, 2020 in
accordance with the fee and terms noted in the attached agreement and authorize the
Mayor to execute the agreement in substantially the form attached and in such final
form as approved by the City Attorney.
Background
The County of Riverside Sheriff's Department has been providing the City of Lake
Elsinore with law enforcement services for many years. The previous five year contract
ended June 30, 2015, and the proposed agreement renews for an additional five year
period from July 1, 2016 to June 30, 2020. The agreement presented tonight ratifies the
renewal of the contract retroactively to the effective date of July 1, 2015.
The agreement has been reviewed by the City Attorney's Office and is consistent with
the previous contract as well as includes agreed upon modifications to the contract in
regard to the patrol of the lake.
Fiscal Impact
The fiscal impact will be reflected in the City's operating budget annually during the term
of the agreement. The overall costs of the contract and related services for fiscal year
2015 -16 of $11.8 million was approved with the adoption of the City's budget.
Prepared by: Jason Simpson
Director of Administrative Services
Approved by: Grant Yates
City Manager
AGRI>INENf FOR LAW I NFORCINENI' SERVICES
BE'EWI IN THE CITY OF LAKE; ELSINORI
AND THE COUNTY OF RIVERSIDE
THIS AGRI-;EMENT is made and entered into by and between the CITY OF LAKE
I;LSINORI;, a General Law City, hereinafter "City," and the COUNTY Oh RIVERSIDE, a
political subdivision of the State of California, on behalf of the 'Riverside County Sheriff's
Department, hereinafter "County."
ITIS 1'11LREFOREAGRI :ED AS FOLLOWS:
TERM
1.1 Effective Dates. This Agreement shall be effective from July 1, 2015 through June
30. 2020.
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 latter 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. Notwithstandingthe provisions ofParagraphs l.1 and 1.21nerein,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. I-lowever, City is not precluded by any language in this section from hiring an
unarmed code enforcement unit. The Sheriff s 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. I lowever, all investigator overtime will be charged
City at the Board of Supervisors approved hourly overtime rate.
2.2 California Identification System (CAI -ID) and Records Mana;oement System
(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 and to pay for these services under
separate billings.
'.2A Definitions. For purposes of this agreement the following are some of 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 .fail 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 CLEFS.
d) L,AWNET shall mean the County's law enforcement telecom I ntmications
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 shalll mean the collective hardware and software, LA WNET,
workstations, RMS functions and CLE'I'S.
2.213 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, 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 Mullin with County. Security of the host system
and control of LAWNET shall remain with County. The County shall furnish all label-
and equipment for the host system necessary to nnaintain 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 contigUration of any PC -based equipment used to provide
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services herein without the permission of Sheriffs Information "Technology Officer.
2.21) Establishment of CAL -ID and RMS Rates and Payment of Costs. Establishment of
RMS rates and payments for provided services shall be as specified in Sections 7.2 and
7.4 of this Agreement.
3. LEVEL OF SERVICE
3.1 Level of Service Specified. County shalt provide law 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 1. I of this Agreement, arrd 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. CHIEF OF POLICE
The Sheriff' will, to the extent practical, coordinate appointment of a Police Chief with
City and consult with City on final selection for the position.
5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT
5.1 Su grvis . 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 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 activities
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within the City not normally provided by the Sheriff is to be used, or where special supplies,
stationery, notices, fortes, 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.
I lowever, 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 Motoi;cycles_ an, a Specialized Support Vehicles. In the event City
chooses 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
nine 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.
5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to file
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.
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:
5) 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.
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b. The City shall cause their insurance carrier(s) to furnish the County of Riverside
with 1) aproperly executed original Certificate(s) of Insurance and certified original
copies of [!'ridorsements 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 attaclm2ents thereto, showing
such insurance is in full force and effect. Further, said Certificale(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 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 shalt 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 Elnnployment 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.
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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. 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 CAI AD
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 Sheriffs Special Investigations
Bureau, Emergency Services Team, Canine Unit and Aviation Unit.
7.2 Establisliment 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 1 =acili Rate Charges. 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 Sheriffs Department Bureau or Unit.
Calculation of Facility Rates. The total of the facility's most components is divided by the
appropriate variable number of positions (number of station funded, sworn department funded or
total Department funded employees 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 Sheriffs decision to move Contract or unincorporated County Patrol positions from the
Station.
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7.4 Pa} meet' of' County, through the Sheriff's Department, shall provide to City
within 30 days of the conclusion of each billing period, an itemized statement ol'the costs for
services being charged for said billing period. Billing statements for 13MS 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. 11' such payment is not
received by the County within thirty (30) days after presentation ol'billing. County may satisfy
such indebtedness from any funds ofthe City on deposit with County as provided by law pursuant
to Government Code Section 907.
7.5 Field Training Costs. Should City elect to add additional Deputy Sheriffpositions to
the level of service described herein, there will be an associated Feld 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 -tithe 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
responsible for paying as they are incurred. These costs are not included as tine 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.
8. 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 front 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 oven 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
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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 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 darnage, 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 Cotmty, 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) 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 by law. Comity 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 bylaw or
records retention schedules duly adopted by the appropriate legislative body. Covenants under
this Section shall survive the termination of this Agreement.
I L 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 awritten 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:
Go mity
Stan Sniff, Sheriff
Riverside County Sheriffs Department
Post Office Box 51.2
Riverside, California 92502
City
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
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, 1st 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. All Sheriff's personnel who
provide general and specialized law enforcement services to City pursuant to this Agreement shall
have met the rninimurn qualifications designated for their specific classification, including a
background investigation.
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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 Lake Elsinore, 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:
ATTEST:
By:
Dated:
ATTEST:
Kecia Harper -Them
Clerk of the Board
By :..
Deputy
CITY OF LAKE. ELSINORE
By:
Steve Manos, Mayor
COUNTY OF RIVERSIDE
By:
Marion Ashley, Chair
Riverside County Board of Supervisors
ATTACHMENT A
CITY OF LAKE ELSINORE
LEVEL OF SERVICE
Average Patrol and 'Traffic Enforcement Service
130.8 hours per day. (Approximate equivalent of twenty -seven (27) Deputy Sheriff
positions @ 1,780 annual productive hours per position standard)
Non- Dedicated Positions
One (1) Deputy Sheriff (unsupported) - Lake Patrol
Dedicated Positions
One (1) Sheriff's Sergeant position
Two (2) Deputy Sheriff (fully supported) positions — Special Enforcement Tear
Four (4) Deputy Sheriff (fully supported) positions - Motorcycle Team
Five (5) Community Services Officer II positions