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HomeMy WebLinkAboutItem No. 06 amend. No. 1 Law Enforcement Agreement RivcoText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-384 Agenda Date: 10/24/2017 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council / Successor Agency Agenda Number: 6) Page 1 City of Lake Elsinore Printed on 10/19/2017 Page 1 of 3 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Nicole Dailey, Senior Management Analyst Date:October 24, 2017 Subject:Amendment No. 1 – Agreement for Law Enforcement Services with County of Riverside Recommendation Authorize the City Manager to execute the amendment to expand the City’s level of service to include an additional Deputy Sheriff Community Patrol Officer 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 current agreement covers the period of July 1, 2016, through June 30, 2020. Since 2010, the City’s overall level of service for law enforcement has essentially remained the same due to budget constraints and the rising costs for services. In recent years, the City has experienced an increase in quality of life concerns due to legislative changes that have limited law enforcement’s ability to hold people in jail resulting in a growing homeless population throughout California. The City, like many jurisdictions throughout the state, has had to find ways to address an increase in homeless activity that has subsequently led to an increase in citizen complaints and calls for service for code enforcement and law enforcement. These calls for service include complaints regarding public feedings, panhandling/solicitation, thefts, assaults, trespassing and debris located at homeless encampments. Since early 2014, the City and the Lake Elsinore Police Department have taken a proactive approach in dealing with homeless activity and the effect it has on the overall quality of life for our residents and businesses. Key areas of success include addressing public feedings in City Park and partnering with property owners to quickly and effectively break up and clean up homeless encampments. In May 2017, the City Council authorized the creation of a Homeless Task Force of staff and community stakeholders eager to join the City in its efforts to reduce homelessness. Law Enforcement Agreement Amendment Page 2 of 3 Discussion To tackle many of these quality of life issues taking place in the City and to assist staff in engaging the community, it was determined that additional staffing support was needed. Staff discussed these needs among the Police Department and we agreed it would be advantageous, overall, for the City to add an additional sworn officer to serve as a Community Patrol Officer that could also perform enforcement services when needed. Proposed duties for this position include, but are not limited to the following tasks: Engage and collaborate with the community and city related to quality of life issues including homelessness, neighborhood watch, and crime free programs. Plan, coordinate and attend meetings as a representative for the City and Police Department. Work closely with the business community to promote and reinforce the programs and resources available to empower the business community to address crime and quality of life concerns. Conduct presentations for community groups, as requested, regarding quality of life issues, programs and successes. Gather information and conduct research on potential initiatives and new programs for consideration by the city. Collect, analyze and share data related to quality of life issues. Organize and participate in special events as directed by the city and/or the Police Department such as National Night Out. Serve as a liaison between the City and Police Department regarding new programs, municipal codes and enforcement efforts. Manage the Lake Elsinore Sheriff Station’s Facebook page to promote the Station’s successes and encourage community engagement. Develop and maintain positive working relationships with the community, businesses, and city staff. Going out into the community with Code Enforcement for quality of life sweeps related to encampment clean-ups and/or municipal code enforcement sweeps. This position will serve as a much-needed liaison between the City and the Police Department on a variety of issues related to improving the safety and overall quality of life in Lake Elsinore. Staff believes this dedicated resource will be invaluable to the City for existing and future programs that require law enforcement input, support and authority. Examples include Homelessness, Crime Free Programs, Neighborhood Watch, and Code Enforcement Sweeps. Amendment No. 1 (Exhibit A) expands our levels of service to include an additional Deputy Sheriff Community Patrol Officer through June 30, 2020, at the Unsupported Dedicated Compensated rate of approximately $170,000 per year. This position can be used for other needs in future years, such as patrol, should the City’s needs change. The Riverside County Sheriff’s Department has already begun taking the steps necessary to add this new position, if approved, to fill the position for the City as soon as possible. Law Enforcement Agreement Amendment Page 3 of 3 Fiscal Impact The fiscal impact is approximately $170,000 and will be reflected in the City’s operating budget annually during the term of the agreement. Any necessary changes for Fiscal Year 2017/2018 will be made as the mid-year review, however, due to existing vacancy of a community service officer position and based upon historical actual costs, we believe the cost will be within the existing appropriation. Exhibits A – Amendment No. 1 B – Original Agreement Original 1 of 3 FIRST AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND THE COUNTY OF RIVERSIDE IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the City of Lake Elsinore, a General Law City, and the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside County Sheriff's Department, and approved by the Board of Supervisors on September 15, 2015, for services effective July 1, 2015 through June 30, 2020, is hereby amended in the following respects, and all other terms and conditions of the Agreement remain in full force and effect: 1. Attachment A is amended to read as follows: ATTACHMENT A CITY OF LAKE ELSIONRE LEVEL OF SERVICE Avera re Patrol Services 130.8 hours per day. (Equivalent of twenty-seven (27) Deputy Sheriff positions @ 1780 annual productive hours per position.) Non -Dedicated Positions One (1) Deputy Sheriff (unsupported) - Lake Patrol One (1) Deputy Sheriff (unsupported) — Community Patrol Officer Dedicated Positions One (1) Sheriff's Sergeant position Two (2) Deputy Sheriff (fully supported) positions — Special Enforcement Team Four (4) Deputy Sheriff (fully supported) position — Traffic/Motorcycle Team Five (5) Community Service Officer II positions IN WITNESS WHEREOF, the City of Lake Elsinore, by minute order or resolution duly adopted by its City Council, has caused this Amendment to Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Amendment to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. Dated: ATTEST: Name Title By: Dated: ATTEST: Kecia Harper-Ihem Clerk of the Board Lo Deputy CITY OF LAKE ELSIONRE go Robert Magee, Mayor, COUNTY OF RIVERSIDE John Tavaglione, Chairman Riverside County Board of Supervisors APPROVED AS TO FORM: Greg P. Priamos County Counsel By: *mobil Deputy County Counsel 2 Original2 of 4 AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND THE COLTNTY OF RTVERSIDE THIS AGREEMENT is made and entered into by and between the CITY OF LAKE ELSINORE, a General Law City, hereinafter "City," and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriffs Department, hereinaft er "County. " IT IS THEREFORE AGREED AS FOLLOWS: 1. TERM 1.1 EffectiveDates. ThisAgreementshallbeeffectivefromJuly 1,2015 throughJune 30,2020. 1.2 Renewal. In the event City desires to terminate this Agreanent 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 notifu the Sheriff and the Board of Supervisors that it wishes to terminate the same; otherwise, this Agreanent 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 ratiff any automatic renewal of this Agreernent retroactively to the effective date of such automatic renewal. 1 .3 Termination. Notwithstanding the provisions of Paragraphs I .1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date. 2. SCOPE OF SERVICE 2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sherifls Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The SherifPs 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 SEP 15 2015 >24 criminal investigations conducted hereunder. However, all investigator overtime will be charged City at the Board of Supervisors approved hourly overtime rate. 2.2 California Identification System (CAL-ID) and Records Manaeement System 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 and to pay for these services under separate billings. 2.2A 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 Jail Locator databases. b) The California Law Enforcement Telecommunications System Access CLETS) shall mean that access to the Department ofJustice computers provided by County to City. c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS. d) LAWNET shall mean the County's law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, LAWNET, workstations, RMS functions and CLETS. 2.2B 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. Labor and Equipment. Supervision over the provision of County Services, the standards ofperformance and othermatters 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 Offrcer. 2.2D 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 Agreernent. 3. LEVEL OF SERVICE 3.1 Level of Service Specified. County shall 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 I I of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits. If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (t}%),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 EQUTPMENT 5.1 Supervision. Supervision over the rendition of law enforcernent services, the standards of performance, the discipline of officers, and othermatters incident to the perforrnance of such services and the control ofpersonnel 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 ofservices. 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 within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriffs specifications shall remain within the City limits, and ownership title thereto shall remain with City. However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City fortheiruse on a per mile basis. 5.3 Cit)r-Owned Motorcycles and Specialized Suoport 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 name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by SherifPs 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 the City-owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, theirrespective 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 ofnot 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. 4 b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsernents 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 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 forthe purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlernent to workers'compensation coverage, pension, or civil service benefits from City. 6.2 Labor Shortaee. In the event of a work slow-down, strike, or any other form ofjob action by those individuals assigned to City, County agrees to provide only that level of service which maybe 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 Countythe cost ofrendering soviceshereunder at rates established by the County Board of Supervisors, which rates shall include all iterns of cost and expense to the Sherifffor providing the services hereunder. Such cost ofservices shall be established by the County Board of Supervisors in the form of hourly rates for Sheriffs Department personnel, vehicle mileage rates, facilityuse rates, RMS transaction fees and CAL-ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Govemment Code Section 29550 with respect to arrests made by County employees pursuant to this Agreernent just as if such arrests had been made by City ernployees. 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 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County forproviding 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 Countyincurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 7.3 Facility Rate Charees. City shall reimburse County for the costs incurred by the SherifPs Department at County-owned or leased facilities. Costs are prorated according to the facility's square footage occupied by a SherifPs Department Bureau or unit. Calculation of Facility Rates. The total of the facility's cost components is divided by the appropriate variable number ofpositions (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 Sherifls decision to move Contract or unincorporated County Patrol positions from the Station. 6 7.4 Payment of Costs. County, through the SherifPs Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfu such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907. 7.5 Field Training Costs. Should City elect to add additional Deputy Sheriffpositions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service. 7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement. 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 Indemnification by City. City shall indemnifu and hold harmless the County, its Agencies, Districts, Special Districts and Departments, theirrespective directors, officers, Board of Supervisors, 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 City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnif,, and hold harmless the County. 8.2 lndemnification by County. County shall indemnifu and hold harmless the City, its Agencies, Districts, Special Districts and Deparhnents, theirrespective 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 ielating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attomey fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) 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 indemnifl, 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. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement. 8 12. 11. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof. 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 Stan Sniff, Sheriff City of Lake Elsinore Riverside county Sheriffs Department 130 South Main Street Post Office Box 512 Lake Elsinore, CA 92530 Riverside, California 92502 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, lst 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 SherifPs personnel who provide general and specialized law enforcement services to Citypursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation. eily 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. l0 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. o? '}1- 20t6' sEP 1 5 20t5 COUNTY OF RTVERSIDE Dated: ATTEST: Kecia Harper-Ihem Clerk of the Board { ll Riverside County Board of Supervisors COUNS A* L ATTACHMENT A CITY OF LAKE ELSINORE LEVEL OF SERVICE Averaee 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 (l) Deputy Sheriff (unsupported)-Lake Patrol Dedicated Positions One (1) Sheriff s Sergeant Position Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team Four (4) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team Five (5) Community Services Officer II Positions