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County of San Diego - Law Enforcement Services 2022-2027AGREEMENT BETWEEN THE CITY OF POWAY, THE COUNTY OF SAN DIEGO, AND THE SAN DIEGO COUNTY SHERIFF FOR MUNICIPAL LAW ENFORCEMENT SERVICES This Agreement is between the City of Poway, a municipal corporation, hereinafter referred to as "CITY" and the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY", for services to be provided by the San Diego County Sheriff, hereinafter referred to as "SHERIFF". RECITALS WHEREAS, COUNTY through SHERIFF provides public safety services throughout the County of San Diego and is equipped and will do so to the extent and in the manner hereinafter provided; and WHEREAS, CITY is a municipal corporation of the State of California within the County of San Diego and desires to obtain general and specialized law enforcement and traffic services; and WHEREAS, Sections 51300-51308, 51350, 55632, and sections 54980 et seq. of the California Government Code authorize COUNTY and CITY to contract for performance of Sheriff services within the CITY; and WHEREAS, COUNTY through SHERIFF currently provides municipal law enforcement services to CITY pursuant to an agreement dated July 1, 2017; and WHEREAS, CITY and COUNTY through SHERIFF desire to enter into a new agreement with provisions concerning the nature and extent of municipal law enforcement services to be provided to CITY and establishing the compensation to be paid therefore; and WHEREAS, COUNTY acknowledges that CITY requires standards of performance that demonstrate professional excellence both in the execution of duties and in the interpersonal relations with CITY employees and all persons utilizing the services of CITY; and WHEREAS, the Board of Supervisors on January 25, 2022 authorized the Clerk of the Board to accept and execute this Agreement for Municipal Law Enforcement Services; and WHEREAS, the City Council for the City of Poway on authorized the City Manager to accept and execute this Agreement for Municipal Law Enforcement Services; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and CITY jointly intend that CITY will fund and COUNTY will provide municipal law enforcement services, as set forth in this Agreement. 1 AGREEMENT I. PURPOSE AND INTENT The purpose of this Agreement is for COUNTY to provide municipal law enforcement services to CITY per California Government Code Section 51300-51308, 51350 and 54980, et seq. This Agreement is effective for its term beginning as set forth in Section III. A, regardless of approval date by the parties and supersedes and replaces the agreement between COUNTY and CITY for the period of July 1, 2017 through June 30, 2022, including all attachments, insofar as that agreement relates to provisions of municipal law enforcement services to CITY. II. SCOPE OF SERVICES COUNTY through SHERIFF shall provide municipal law enforcement services to CITY as follows: A. Method of Service Delivery SHERIFF will maintain a Law Enforcement Services Bureau, which will be responsible for performance of COUNTY's obligations under this Agreement. Municipal law enforcement services will be staffed as described in Section IV, Standards of Services. These services shall be provided from SHERIFF's existing stations and other such facilities as COUNTY or the CITY may hereafter acquire. B. Law Enforcement Services COUNTY through SHERIFF will provide municipal law enforcement services ("Law Enforcement Services") to CITY as outlined in Attachment B. Law Enforcement Services consist of enforcement of the California Penal Code, the California Vehicle Code, and pertinent regulatory ordinances as adopted by the City Council of CITY, as well as direct supervision of law enforcement personnel assigned to provide Law Enforcement Services to CITY; all to the extent necessary and appropriate to meet the Standards of Services 2 described in Section IV. Staffing for Law Enforcement Services shall be provided in Section IV.D of this Agreement. C. Ancillary Services The following ancillary services will be provided to CITY as an integral part of the law enforcement services described above and are included in the cost of such services: crime prevention, juvenile intervention, financial crimes, homicide, domestic violence, communication, information technology support, and clerical support. D. Regional Services In addition to the services listed above, the following regional services are provided to CITY at no cost: Special Enforcement Detail (SED); Aerial Support to Regional Enforcement Agencies (ASTREA); Bomb/Arson; Search and Rescue; Fire/Rescue helicopter; Crime Lab; and Property and Evidence. E. Search and Rescue Responsibility The COUNTY and the CITY agree that some rescues are the responsibility of and will be performed by the SHERIFF while other rescues are the responsibility of and will be performed by the CITY's public safety services. In many instances, rescues will be conducted in a joint operation involving both the SHERIFF and the CITY's emergency response personnel. F. Reserve Program The SHERIFF, in partnership with the CITY, will take active steps to recruit individuals to participate in the Reserve Program. G. Additional Services 1. General COUNTY through SHERIFF may provide supplemental Law Enforcement Services or additional related equipment and supplies as requested by CITY. Additional Services 3 not covered under Law Enforcement Services may include, but are not limited to, added patrol or traffic services required for special events such as street fairs, concerts, movie productions and other third -party promotions. 2. Requests Requests for Additional Services shall be made to SHERIFF by CITY through the SHERIFF'S Station Commander or their designee and shall be made in writing or, if made in person or by telephone, shall be confirmed in writing by the requestor within forty-eight (48) hours of the request. CITY shall provide SHERIFF with as much advance notice as possible regarding requests for Additional Services. 3. Provision of Additional Services SHERIFF shall advise CITY promptly and shall confirm in writing if SHERIFF is unable to provide some or all of any requested Additional Services. If SHERIFF is able to provide some or all of the requested Additional Services, SHERIFF shall promptly advise CITY in writing of the estimated costs of the services. Unless CITY disapproves in writing of an estimate provided by SHERIFF, SHERIFF shall provide such Additional Services to CITY and shall be reimbursed for the actual cost of providing the Additional Services subject to Section V.B.2. COUNTY shall delegate the authority to SHERIFF to approve additional services consistent with the intent of this provision. 4. Identification COUNTY and CITY acknowledge and agree that it is impractical to specify in this Agreement each and every category of Additional Services that might be desired by CITY, and that the parties will reasonably cooperate in identifying and addressing such potential Additional Services within the scope of Law Enforcement Services. 4 H. Emergencies 1. General Notwithstanding any other provisions of this Agreement, in the event of an emergency occurring within CITY, SHERIFF shall take any and all actions reasonably necessary or appropriate to respond to the emergency, to include appropriate referrals to, and coordination with, other law enforcement agencies. 2. Temporary Duties SHERIFF's personnel assigned to perform services for CITY under this contract ("SHERIFF's contract city personnel") may be required to perform temporary duties outside the scope of this Agreement. For the purpose of this Agreement, "temporary duties" shall include, but not be limited to, assignments necessitated by a public safety emergency or other exigent circumstances required under "mutual aid" agreements. 3. Redeployment of Staff During the period of any public safety emergency or exigent circumstance such as responding to mutual aid requests, SHERIFF's contract city personnel may be temporarily redeployed for emergency response. If reasonable and practical, SHERIFF shall notify the City Manager for the CITY and discuss the redeployment prior to reassignment. If the public safety emergency or exigent circumstance such as requests for mutual aid demand immediate redeployment, SHERIFF need not notify the City Manager in advance, but shall do so as soon as practical. III. TERM OF AGREEMENT A. Term The term of this agreement shall commence at midnight July 1, 2022, and shall continue in effect through and terminate at midnight of June 30, 2027, subject to the termination provisions in Section III.B. below. 5 B. Termination Notwithstanding any other section or provisions of this Agreement, either party hereto may terminate this Agreement by giving a one-year advance written notice of intention to terminate. IV. STANDARDS OF SERVICE A. Anticipated Service Outcome The anticipated outcome of law enforcement services provided by COUNTY through SHERIFF to CITY under this Agreement is the provision of efficient and effective police protection and the performance of all duties as required by law or contract. These duties include patrol, traffic, general and specialized investigations, crime prevention, crime analysis, criminal intelligence, narcotics enforcement, emergency services, licensing, crime lab and communications. B. Performance Standards COUNTY through SHERIFF shall provide CITY with qualified personnel to meet the following performance standards and scope of service: 1. General All SHERIFF personnel who provide municipal law enforcement services to CITY pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation. 2. Patrol Services COUNTY through SHERIFF shall provide patrol law enforcement services. To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement of the California Penal Code, the California Vehicle Code, and pertinent regulatory ordinances as adopted by the City Council of CITY. 6 3. Traffic Services COUNTY through SHERIFF shall provide traffic services. To the extent that such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement of the California Vehicle Code and pertinent traffic regulatory ordinances as adopted by the City Council of CITY, accident investigations, analysis of traffic related problems of CITY, and cooperate with various CITY departments to obtain solutions to the traffic problems of CITY. 4. Special Purpose Officers COUNTY through SHERIFF shall provide problem solving services via the Special Purpose Officer (SPO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily be to identify and resolve problems of both a criminal and non -criminal nature for a designated geographic area through investigation, patrol support, coordination of departmental resources and cooperation with various CITY departments. 5. School Resource Officers COUNTY through SHERIFF shall provide school resource services via the School Resource Officer (SRO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement and follow up investigation on school property for violations of the Penal Code of the State of California, the California Vehicle Code, and the California Education Code and cooperate with school administration, faculty, students, and parents to obtain solutionsto problems of the school district. To the extent possible, the SRO will participate in positive student activities in the community to build trusting and respectful relationships with students, families, and staff. The SRO will collaborate with school -based community organizations, parent -teacher organizations, and student government to develop opportunities for 7 positive activities, such as mentoring programs, community coalitions or task forces. 6. Community Service Officers COUNTY through SHERIFF shall provide community services via the Community Service Officer (CSO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide response/information to citizen inquiries, completion of minor reports, fingerprinting, traffic direction, parking enforcement, vehicle abatement, crime prevention education and enforcement of pertinent regulatory ordinances as adopted by the City Council of CITY. 7. Detectives COUNTY through SHERIFF shall provide follow-up criminal investigative services via the Detective position. To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily be to investigate crime reports submitted by Patrol Officers, Community Service Officers, Special Purpose Officers or other personnel. Detectives are responsible for classifying and closing cases, identifying suspects, gathering evidence, making arrests, submitting cases for prosecution, and supporting said prosecution with needed supplemental investigation. 8. Retired -Rehired Deputies COUNTY through SHERIFF shall, to the extent such personnel are available, make available Retired Deputies. Such Retired -Rehired Deputies are eligible for short-term assignments or assignments requiring specialized skills or knowledge on a temporary basis to CITY. Such Retired -Rehired Deputies are not available for routine Patrol, Traffic, Detective,or Special Purpose Officer services and are limited by State Law and Retirement System policy to working a maximum of 960 hours per fiscal year. 8 C. Assignment of Personnel 1. Sheriff's Responsibility The management, direction, supervision and discipline of SHERIFF personnel, the standard of performance, and all other matters incident to the performance of services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF's sole but reasonable judgement and in accordance with the provisions of applicable labor agreements. SHERIFF shall be the appointing authority for all personnel provided to CITY and shall have complete discretion as to the assignment of all individual SHERIFF'S personnel under this Agreement. 2. Transfers and Selection of Station Commanders SHERIFF will consult with CITY prior to reassignment of the station commander serving CITY and CITY will be afforded the opportunity to interview potential candidates prior to one being selected as the Station Commander of the station serving CITY. SHERIFF will solicit input from CITY when completing Station Commander's performance review. CITY and SHERIFF acknowledge that the length of assignment of the Station Commander serving CITY cannot be precisely defined; however, SHERIFF will endeavor to maintain the Station Commander serving the CITY in that assignment for 24 months. 3. Other Staff Assignments If CITY has specific concerns regarding the actions of any deputy, agent or employee who performs Law Enforcement Services, CITY may address those concerns with the Station Commander serving CITY. 4. Liability for Payment of Wages CITY shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY's performance of this Agreement. 9 D. Staffing for Basic Services COUNTY through SHERIFF shall staff CITY as described in Attachment B in order to provide Law Enforcement Services. SHERIFF shall ensure that adequate numbers of qualified SHERIFF personnel are provided to CITY at all times during the term of this Agreement to meet the Law Enforcement Services, Scope of Services and Standards of Service commitments set forth herein, at no less than the staffing and classification levels established in the most current Attachment B. SHERIFF shall use best efforts to fill CITY funded position vacancies within a reasonable period of time. E. Changes in Staffing CITY shall provide COUNTY through SHERIFF 60 days advance notice when requesting changes in staffing. If CITY and SHERIFF agree that changes to the staffing level for Law Enforcement Services are needed and/or agree that staff additions or deletions in CITY are necessary in order to provide adequate levels of Law Enforcement Services in the succeeding contract year, COUNTY shall provide an updated Attachment B to the CITY. The level of service shall not be changed without the mutual consent of the SHERIFF and CITY. F. Vehicles, Equipment, and Supplies COUNTY shall provide all supplies, equipment and materials required for performance of the required law enforcement services; except that the CITY shall, at its own expense, supply any special stationery, supplies, notices, or forms which are to be issued in the name of the CITY. COUNTY agrees to provide the standard equipment for CITY vehicles per Attachment E. All marked vehicles (black and white) will generally be replaced at 100,000 miles. Vans and sedans will generally be replaced at 100,000 miles. Motorcycles will be replaced as needed at COUNTY's discretion. The name of the city and city seal will be included on the doors of patrol cars if requested by the CITY. The CITY shall provide their CITY decal in the size requested by the SHERIFF. Subject to written approval of the SHERIFF or their designee, the CITY may purchase 10 equipment deemed necessary to facilitate program implementation or operation. If the COUNTY does not accept ownership of the equipment, the purchase price and all ongoing costs will be the responsibility of the CITY. If the COUNTY accepts in writing, such equipment becomes the property of the COUNTY, and the CITY shall be credited the total cost for the equipment. Total cost shall mean a value agreed upon between COUNTY and CITY at the time the transfer is made. The cost of any vehicles that are leased or rented for the benefit of the CITY, shall be the CITY's responsibility. G. Asset Ownership 1. Vehicles Vehicle ownership will be retained by the entity (CITY or COUNTY) that purchased the vehicle and is currently carrying ownership via the vehicle registration. 2. Office Equipment Office equipment (desks, chairs, computers, etc.) ownership will be retained by the entity (CITY or COUNTY) that purchased the equipment and is currently carrying ownership on the entity's inventory. 3. Safety Equipment Safety equipment (firearms, uniforms, leather gear, etc.) ownership will be retained by the COUNTY. 4. Facilities CITY shall retain ownership of facilities that CITY constructed for the purpose of use as a Sheriffs station. SHERIFF's payment to CITY is a lease payment only. H. Memberships 1. For each year that this Agreement is in effect, CITY agrees to maintain its membership in the Automated Regional Justice Information System Joint Powers Agency (ARJIS). 2. For each year that this Agreement is in effect, CITY agrees to maintain its membership 11 in the Regional Communications System (RCS). 3. For each year that this Agreement is in effect, CITY agrees to maintain its participation in the California Identification System Remote Access Network (CAL -ID). I. Contract Administration 1. County Representative COUNTY designates SHERIFF or their designee to represent COUNTY in all matters pertaining to the administration of the Agreement. 2. City Representatives CITY designates its City Manager or their designee to represent CITY in all matters pertaining to the administration of the Agreement. 3. Meetings between City and Sheriff The Sheriff or their designee shall be available to confer with the City Manager or their designee whenever feasible, practical, and not in conflict with mandated duties and responsibilities. The Sheriff and/or Undersheriff and the Assistant Sheriff will meet with the City Managers as a group twice each year to discuss the law enforcement contract. CITY and COUNTY shall provide full cooperation and assistance of its officers, agents, and employees to each other in the performance of this contract. 4. Implementation of New Programs The COUNTY will discuss the implementation of any new programs with the CITIES. The COUNTY will provide the justification and value to CITY for the program and estimates of the cost impact. Such programs, if resulting in additional costs to CITY will only be implemented after discussion with the CITY. 5. CLETAC CITY, along with other cities within San Diego County entering into contracts for law enforcement services similar to this Agreement ("CITIES") shall maintain a Contract 12 Law Enforcement Technical Advisory Committee (CLETAC). The Law Enforcement Services Bureau Assistant Sheriff, Law Enforcement Commanders and Sheriffs Contracts Manager shall meet with the committee on at least a semi-annual basis to review contract administration including contract interpretation, costs, and liability. Additional meetings can be scheduled at the request of either party. J. Audit and Inspection of Records COUNTY agrees that records generated under this agreement shall be made available to CITY to audit and examine. CITY agrees that any such audit will be arranged by contacting the Sheriffs Contracts Manager in writing at least ten (10) working days prior to the commencement of the audit and shall be conducted during normal working hours. CITY through its City Manager shall have access to reports and other documents pertaining to this Agreement including statistical reports on crime rates, traffic incidents and calls for service within CITY. K. Reporting Requirements CITY will receive monthly reports that provide information with respect to staffing, crime statistics, traffic statistics, programs, and patrol activities V. COST OF SERVICES/CONSIDERATION A. General As full consideration for the satisfactory performance and completion by COUNTY through SHERIFF of the Law Enforcement Services set forth in this Agreement, CITY shall pay COUNTY for the services agreed to on the basis of invoices and submittals as set forth hereunder. B. Personnel Costs 1. Law Enforcement Services The cost of a Law Enforcement Services position includes amounts that compensate COUNTY for all absences due to compensatory time off, bereavement, family, injury, 13 military, sick leave, holidays, jury duty, leave without pay, related training, and vacation but does not provide coverage or include costs required to maintain coverage for Law Enforcement Services during such absences. If, however, there is an individual absence or vacancy of more than 60 calendar days, CITY is not required to compensate the COUNTY from the 615t day until the position is staffed/filled. In the event that a vacancy was created due to a promotion or competitive position, COUNTY is not required to credit CITY for such vacancy as these types of vacancies are considered to be a natural progression in SHERIFF personnel's career path. 2. Additional Services CITY shall compensate COUNTY for Additional Services requested and approved by CITY in accordance with Section II.G, based upon the actual costs incurred by SHERIFF to provide those services. C. Cost Model Components 1. Cost Model Development A cost model including each station showing the direct, station support, space and overhead costs for both the CITY and COUNTY shall be developed. 2. Direct Staff Costs CITY shall pay for direct staff, which includes: a) Deputies b) Detectives c) Sergeants d) Community Service Officers e) Vehicles 0 Handheld Radios 14 3. Station Support Staff Costs CITY shall pay for station support staff, which includes: a) Lieutenants b) Captains c) Administrative Secretary I & II d) Office Assistants e) Office Support Specialists f) Property & Evidence Specialists g) Sr. Office Assistants h) Stock Clerks All Station Support costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants, and community services officers in that station. 4. Law Enforcement Direct Support Costs CITY shall pay for law enforcement support, which includes: a) Crime Prevention Coordination b) Criminal Intelligence Detail c) Traffic Coordinator d) Family Protection Detail e) Central Operations Detail 0 Elder Abuse Unit g) Domestic Violence Unit h) Homicide i) Communications Center j) Sheriffs Analysis Group k) Video Analysis Unit 15 1) Law Enforcement Command m) Sheriff Fleet Allocation n) IT Outsourcing Allocation o) Facilities Allocation (Actual per Station) All Law Enforcement Direct Support costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants,and community services officers in that station. 5. Overhead (Indirect Costs) CITY shall pay for overhead (indirect costs), which includes: a) Budget & Revenue Management b) Financial Services c) Data Services d) Contracts Management e) Wireless Services Division 0 Personnel g) Payroll h) External Costs- Cost Allocation Plan All Overhead costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants, community services officers, and station support staff in that station. 6. Overhead Allocation Date The staffing of each city on May 15` and any requested adjustments shall be used to allocate Station Support staff and apply Overhead, for contract year starting the following July 15` 16 7. Staff Added After May 1st For positions added after May 1 St ,the CITY will pay the direct cost of the added position, along with the current Fiscal Year Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the added position. The ICRP rate is developed by the Sheriffs Department each fiscal year. The methodology and rate are then approved by the County of San Diego's Auditor and Controller's office. If the start date of the newly added position is after the 1" of the month, the Salaries and Benefits will be pro -rated, and the ICRP will then be applied. The calculation for pro -rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was added and then divided by 365 days. 8. Positions Deleted After May 1" If a CITY deletes a position after May 1", the City will be credited the pro -rated portion of the direct cost of the position, along with a credit for the Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the deleted position. The calculation for pro -rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was deleted and then divided by 365 days. D. Costs 1. Basis for Year One Direct and Station Support Staff Costs The basis for year one Salaries and Benefits costs for Direct and Station Support Staff of this agreement is the cost of Direct Staff and Station Support Staff from year five of the previous contract (July 1, 2017 — June 30, 2022) with a 1% fixed price increase applied. 2. Fixed Cost Increase for Years Two Through Five Cost increases for each CITY will be 1% in year two, 3.5% in year three, 17 3.5% in year four, and 3.5% in year five of this agreement. The cities will pay the applicable contract year's percentage increase regardless of the actual cost increase or decrease. Adjustments for any changes in the future contract year will be made after applying the fixed percentage increase. E. Liability 1. Agreement Years One, Two, Three, Four and Five The CITIES will pay a total of $1,875,453 per year. This amount shall be allocated to each CITY based on the number of deputies, detectives, sergeants, community service officers, lieutenants, and captains assigned to the CITY. 2. Reopener During year three of this agreement, either party may request a meeting to discuss liability costs. All changes require the consent of both parties. F. Rate of Compensation 1. First Year For the first year of this Agreement, CITY will compensate COUNTY for provision of the Law Enforcement Services in an amount equal to the fiscal year base amount set forth in Attachment B effective July 1, 2022. Included in this amount will be a liability cost as set forth in Section V.E. In addition to the charges for Law Enforcement Services, CITY will compensate COUNTY for Additional Services as set forth inSection V.B.2, above. 2. Subsequent Years a. Cost Detail By April 1" of each year, SHERIFF shall provide CITY with service costs for the upcoming fiscal year (July 1 through June 30). The cost 18 for services provided by SHERIFF shall be based upon the agreed fixed price increase for the respective agreement year, as defined in Section V.D.2 of this agreement. SHERIFF will provide CITY with a current Attachment A that reflects the new fiscal year service costs. b. Level of Service By May 1s1 of each year, CITY shall determine the level of Law Enforcement Services as defined in Section IV.B required within CITY for the upcoming fiscalyear (July 1 through June 30). SHERIFF will be responsible for setting minimum staffing levels for each CITY to ensure both deputy and public safety. At a minimum, such service shall include the availability of one continuous twenty-four hour per day patrol unit and one continuously available eight and one-half hour, seven days a week, traffic unit. c. Updated Total Cost for Requested Level of Service By June 1st of each year, COUNTY shall prepare an updated Attachment B, based upon the level of service for the upcoming fiscal year (July 1 through June 30) and the total cost of such services as determined in accordance with Section V.0 and V.D, above. Attachment B shall be effective July 1" and shall be made a part of this Agreement. CITY shall compensate COUNTY as set forth in Attachment B including any mid -year adjustments as defined in section V.G below, and shall also compensate COUNTY for Additional Services as set forth inSection V.B.2, above. d. Mandated Costs CITY shall pay all costs which are mandatory as of the effective date 19 of this agreement for any law enforcement agency to pay pursuant to state or federal statute or case law, if such costs are not included in the agreed -to costs stated in Attachment B. Further, CITY shall pay any mandatory costs that shall become operational during the term of this Agreement. G. Mid -Year Adjustments to Basic Services With 30 days advance notice, either party may propose amendments or modifications to this Agreement. Such changes, including any increase or decrease in the level of service, which are mutually agreed upon by and between COUNTY and CITY shall be effective when incorporated in a revised Attachment B and approved by both the COUNTY through the SHERIFF and CITY. H. Method of Payment, Proportional Payment, Credits 1. Monthly Invoices COUNTY shall invoice CITY monthly for services received (1/12 of annual costs). CITY, within 30 days from the date of the invoice, shall pay to the County Treasurer, through the SHERIFF at 9621 Ridgehaven Court, San Diego, CA 92123, for costs of the services agreed upon as reflected in Attachment B. 2. Billing for Additional Services Additional Services that have been agreed to by the parties and provided by SHERIFF to CITY, shall be billed in addition to those listed above. CITY agrees to pay the actual cost of such services so requested. 3. Credits a. Vacancies and Absences SHERIFF will provide CITY a credit for any individual absence or vacancy extending beyond 60 calendar days, as outlined in section V.B.1 above. SHERIFF will deduct the amount of the credit from the total 20 amount billed on the CITY's monthly invoice. b. Towing Fees CITY shall be given credit for towing fees collected under California Vehicle Code section 22850.5. The monthly towing fees will be deducted from the CITY's monthly invoice. Booking Fees/Jail Access Fee Effective July 1, 2007, in lieu of charging CITY booking fees, COUNTY will receive an annual appropriation from the State. COUNTY may charge a "jail access fee" for certain low-level offenses (municipal code violations and misdemeanor violations except driving under the influence, domestic violence offenses, and enforcement of protective orders), for each bookingin excess of CITY's three-year average of such bookings (recalculated annually). In the event that the State reduces its annual appropriation, COUNTY may reinstate booking fee in accordance with Government Code sections 29550-29552. J. Distribution of Fines and Forfeitures All personnel provided by SHERIFF in the performance of the services of this Agreement for CITY shall be COUNTY officers and employees, but shall be deemed officers and employees of CITY for the sole purpose of distributing fines and forfeitures pursuant to Penal Codesection 1463. K. Forfeited Property and Assets Any property retrieved in CITY by SHERIFF'S personnel such as unclaimed stolen goods or revenue generated by the sale of such property by COUNTY shall be made available to CITY net of allowable expenses, at first option to retain for CITY purposes. Assets seized through the Asset Forfeiture process by SHERIFF's personnel within CITY as a result of self -initiated activities or calls for service shall be shared with CITY according to current Federal Asset Seizure 21 Guidelines. L. Availability of Funding All terms and conditions of this Agreement are subject to the continued appropriations andavailability of funds for either party for the performance of the services stated herein. VI. DEFENSE AND INDEMNIFICATION A. Indemnification Related to Workers' Compensation and Employment Issues COUNTY shall fully indemnify and hold harmless CITY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status or employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY. CITY shall fully indemnify and hold harmless COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of CITY or any contract labor provider retained by CITY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is 22 brought by an employee of CITY or any contract labor provider retained by CITY. B. Defense and Indemnity; Acts and Omissions 1. Claims, Actions or Proceedings Arising From Acts or Omissions of COUNTY COUNTY hereby agrees to defend and indemnify the CITY, its agents, officers, and employees, from any claim, action or proceeding against CITY, arising out of the acts or omissions of COUNTY in the performance of this Agreement, only where asserted CITY liability is based solely on all of the following three circumstances: (1) The incident giving rise to the claim or suit arose out of the CITY's contractual relationship with COUNTY under this Agreement; (2) The incident giving rise to the claim or suit is alleged to have occurred within the boundaries of CITY and there is no "dangerous condition" allegation against the CITY; and (3) The conduct alleged to be that of the CITY is, in fact, COUNTY conduct. At its sole discretion, CITY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. CITY shall notify COUNTY promptly of any claim, actionor proceeding and cooperate fully in the defense. 2. Claims, Actions or Proceedings Arising From Acts or Omission of CITY CITY hereby agrees to defend and indemnify the COUNTY, its agents, officers, and employees, from any claim, action or proceeding against COUNTY, arising out of the acts or omissions of CITY in the performance of this Agreement. At its sole discretion,COUNTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve CITY of any obligation imposed by this Agreement. COUNTY shall notify CITY promptly of any claim, action orproceeding and cooperate fully in the defense. 3. Claims, Actions or Proceedings Arising From Concurrent Acts or Omissions COUNTY hereby agrees to defend itself, and CITY hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and CITY. In such cases, COUNTY and CITY agree to retain their own 23 legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in section VI.B.5 below (referring to joint defense agreements and reimbursement and/or reallocation). 4. Claims Investigation and Procedure for Determination of Duty to Defend and Indemnify If the COUNTY and/or CITY receive a claim or claims containing a description of circumstances, and/or are served with a complaint containing allegations, that the actions and/or omissions of the COUNTY and CITY in the performance of this Agreement contributed to the injuries and/or damages alleged in the complaint, the COUNTY shall look beyond the mere description of circumstances or allegations to determine whether CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, notwithstanding the allegations. The COUNTY, consistent with its long-standing practice, shall review the information in any COUNTY claims file, including investigative materials of the factual circumstances underlying the complaint's allegations and/or available law enforcement agency incident reports. If the COUNTY review determines that there are no facts supporting any viable theory of liability alleged in the complaint against the CITY, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section VI.B.1 above. However, if as result of the COUNTY review, there appears to be a reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, COUNTY shall, as soon as practicable contact the appropriate CITY representative to discuss COUNTY's findings. If, after the discussion with CITY representative, the COUNTY is convinced that CITY was not involved, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section VI.B.1, above. However, if there continues to appear to be a 24 reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the plaintiffs injuries and/or damages alleged in the complaint, the COUNTY will notify CITY that the COUNTY, pursuant to the provisions of this Agreement, is not obligated to defend and indemnify CITY under section VI.B.4a, above. When the COUNTY defends a claims or suit pursuant to section VI.B.1, above, the CITY shall cooperate with COUNTY in thedefense of the action of claim. 5. Joint Defense Notwithstanding section VI.B.4 above, in cases where COUNTY and CITY agree in writing to a joint defense, COUNTY and CITY may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of CITY and COUNTY. Joint defense counsel shall be selected by mutual agreement of COUNTY and CITY. COUNTY and CITY agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows: COUNTY and CITY further agree that neither party may bind the other to a settlement agreement without the written consent of both COUNTY and CITY. Where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, COUNTY and CITY may seek reimbursement and/or reallocation of defense costs, judgements and awards, consistent with such comparative fault. VII. GENERAL PROVISIONS A. Independent Contractor Status In the performance of services under this Agreement, COUNTY and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents, or employees of CITY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of 25 services hereunder. CITY and COUNTY acknowledge and agree that CITY does not control the manner and means of performing the work of COUNTY's officers, agents, or employees who perform LawEnforcement Services, and that CITY does not have the right or authority to hire, discipline or terminate such officers, agents, or employees. COUNTY has no authority of any kind to bind CITY, and CITY has no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act or represent itself directly or by implication as an agent of CITY, or in any manner assume or create or attempt to assumeor create any obligation on behalf of or in the name of CITY. CITY shall not act or attempt to act or represent itself directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. B. Notices Any notice, request, demand, or other communication required or permitted hereunder shall bein writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows; or to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriffs Contracts Manager PO Box 439062 9621 Ridgehaven Ct San Diego, CA 92123 To: CITY City Manager City of Poway 13325 Civic Center Drive Poway, CA 92074 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or 26 two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. C. Time of the Essence Time is of the essence of this Agreement. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to business days, not to include COUNTY and CITY holidays. D. Amendments This Agreement may be modified or amended only by a written document signed by both COUNTY through SHERIFF and CITY. No oral understanding or agreement shall be binding on the parties. No party shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other parties. E. Entire Agreement This Agreement, including all Attachments hereto, constitute the complete and exclusive statementof agreement between COUNTY and CITY with respect to the subject matter hereof. As such,all prior written and oral understandings are superseded in total by this Agreement. F. Construction Each party has had the opportunity to participate in the review of this Agreement and this Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. Each of the Attachments to this Agreement are hereby incorporated into this Agreement by this reference. G. No Third -Party Beneficiaries This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit 27 to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited. H. Waiver A waiver by COUNTY of a breach of any of the covenants to be performed by CITY, or a waiver by CITY of a breach of any of the covenants to be performed by COUNTY, shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of either party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or CITY of either performance or payment shall not be considered a waiver of the other party's preceding breach of this Agreement. I. Authority to Enter Agreement COUNTY and CITY each has all requisite power and authority to conduct its respective business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. J. Cooperation COUNTY through SHERIFF and CITY will cooperate in good faith to implement this Agreement. K. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. L. Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed upon by the parties, to 28 be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefitof this Agreement to either party is lost, then the Agreement may be terminated at the option of the affected party, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. M. Representation CITY's City Manager, or their designee, shall represent CITY in all discussions pertaining to this Agreement. Sheriff, or their designee, shall represent COUNTY in all discussions pertaining to this Agreement. N. Job Actions In the event of a work slowdown, strike, or any other form of job action by those individuals assigned to perform CITY Law Enforcement Services, COUNTY through SHERIFF agrees to provide only that minimal level of service agreed to by CITY and COUNTY, and CITY shall have no responsibility for the cost of SHERIFF's Law Enforcement Services personnel who withhold Law Enforcement Services to CITY under those circumstances. O. Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the Assistant Sheriff of the Law Enforcement Services Bureau and Sheriffs Contracts Manager, or their designees, and CITY's City Manager, or their designee, will meet and confer within ten (10) business days after receiving notice of the dispute in an attempt to resolve the dispute. In the event no agreement can be reached, the Sheriff, or their designee, and the CITY's City Manager, or their designee, shall meet to discuss resolution of said dispute. P. Obligation This AGREEMENT shall be binding upon the successors of the members of the City Council, the Mayor and the City Manager of CITY, and the members of the COUNTY Board of 29 Supervisors and the SHERIFF. IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its City Council on March 15, 2022, has approved the execution of this contract by its City Manager, and the COUNTY, by order of its Board of Supervisors January 25, 2022 (2) has approved the execution of this contract on the 15th Day of March, 2022. COUAi,.N DI O the Board of Supervisors Approved by City Council Approved by Board of Supervisors Action Approved Action f pr0 ✓' Date 03/15/2022 Date l / ? } -t By: City Council By: B 44P 4 r Approved as to form and legality Approved as to form and legality By 014" /6•717e City Attorney Date 03/01/2022 ATTACHMENTS TO THIS AGREEMENT A: Services Cost B: City Costs C: Overhead Cost Detail D: Lability Fund History E: Standardized Equipment List 30 By: Date �y County Counsel 6/,s/2.z Approved anr_ ,•r authorized by the Board of Supervisors -t the Cow .ty of San Die Meeting Date 1 ''Minute Order No. By: Date: (h Deputy C _ rP i ,e B .. d�f S..r ervisors SERVICE CATEGORY STAFF: ATTACHMENT A CONTRACT LAW ENFORCEMENT PROGRAM SERVICE COSTS FY22-23 SALARY & START UP RADIO BENEFITS COSTS REPLACEMENT (Prorate (Full) (Prorate If partial year) if partial year) Deputy Patrol $218,638.52 $24,308.00 $627.14 Deputy Traffic $218,638.52 $24,308.00 $627.14 Deputy Motor $233,892.37 $24,308.00 $627.14 Deputy SPO $218,638.52 $24,308.00 $627.14 Detective $228,807.75 $24,308.00 $627.14 CSO $95,743.97 $13,948.00 $627.14 Sergeant $282,742.95 $24,308.00 $627.14 Lieutenants $298,985.45 $24,308.00 $627.14 Captains $348,008.22 $24,308.00 $627.14 Adman Sec II Adman Sec I Office Assistant Office Support Specialist Sr. Office Assistant Sheriff's Prop & Evid Spec I Dept. Aide Crime & Intelligence Analyst $103,933.48 $8,749.00 $0.00 $88,265.16 $8,749.00 $0.00 $83,056.40 $8,749.00 $0.00 $100,165.83 $8,749.00 $0.00 $98,016.65 $8,749.00 $0.00 $86,292.01 $8,749.00 $0.00 $58,531.22 $8,749.00 $0.00 $158,137.43 $8,749.00 $0.00 Rehire (960 program) per hour $40.00 AUTO: Ongoing Cost Per Auto (Prorate if partial year) Patrol Sedan BIW $31,631.69 Patrol4x4 BIW $38,101.95 Traffic Sedan B/W Motorcycle Management Sedan $31,631.69 $15,017.72 $14,151.45 Detective Sedan & Det. Supervisor $10,660.00 SPO - Sedan 4 Dr SPO - Van SPO - B&W CSO - Sedan 4 Dr CSO - Van $10,660.00 $16,193.73 $31,631.69 $10,660.00 $9,920.79 ATTACHMENT B City of Poway Effective 7/1/2022 through 6/30/2023 February 2022 Staff # of Unit Total SERVICE CATEGORY Cost Staff Factor Net Cost Notes Deputy Patrol $218,638.52 17.000 3,716,854.81 Deputy Traffic $218,638.52 8.000 1,749,108.15 Deputy Motor $233,892.37 2.000 467,784.74 DeputySPO $218,638.52 5.000 1,093,192.59 Detective $228,807.75 4.000 915,231.01 CSO $95,743.97 1.000 95,743.97 Sergeant Patrol $282,742.95 4.000 1,130,971.79 Sergeant Traffic $282,742.95 1.000 282,742.95 Sergeant Relief $282,742.95 - - Sergeant Dedicated $282,742.95 1.000 282,742.95 Detective Sgt $282,742.95 1.000 282,742.95 Station Staff 937,190.62 Subtotal 10,954,306.52 Ancillary Support 1,751,037.30 Supply 232,704.31 Vehicles 733,499.52 Space 553,858.55 Management Support 341,756.68 Liability 120,495.98 Subtotal 3, 733, 352.34 Adjustments: - TOTAL AMOUNT $ 14,687,658.87 Attachment B 1 ATTACHMENT C OVERHEAD COST DETAIL SHEET FY2022/2023 Station Support Staff Ancillary Support Communications Ctr Reserves Crime Prevention Crime Analysis Traffic Coordinator Juvenile Intervention Family Protection Financial Crimes Domestic Violence Homicide Total Supplies Station Support Other Total Space Cost Space Total Management Support Admin Fiscal Personnel Data Services Other Total Grand Total Note: DEPUTY SHERIFF & SERGEANT COMMUNITY SERVICE OFFICER Direct Charge Now 18,836.93 2,241.31 588.70 540.11 3,290.04 4,631.72 3,377.54 1,572.21 4,717.69 $ 39,796.25 Direct Charge Now $ 2,394.66 $ 2,394.66 Direct Charge Now $ 1,763.91 $ 1,935.08 $ 3,212.05 $ 1,704.31 $ 2,301.81 $ $ 10,917.16 $ 53,108.07 Direct Charge Now $ 9,418.47 $ $ 1,120.66 $ 294.35 $ 270.06 $ 1,645.02 $ 2,315.86 $ 1,688.77 $ 786.10 $ 2,358.85 $ 19,898.14 Direct Charge Now $ 1,197.33 $ 1,197.33 Direct Charge Now $ 881.96 $ 967.54 $ 1,606.03 $ 852.15 $ 1,150.91 $ $ 5,458.59 $ 26,554.06 Deputy, Detective, CSO, Sergeant, Station Staff, Station Supplies, Space & Vehicles are calculated directly per station. ATTACHMENT D LIABILITY FUND HISTORY AMOUNT Beginning Balance 862,445.74 FY 2012/2013 258,994.88 FY 2013/2014 15,350.61 FY 2014/2015 60,289.48 FY 2015/2016 (635,636.98) FY 2016/2017 (3,361,519.58) FY 2017/2018 (415,590.54) FY 2018/2019 (76,889.66) FY 2019/2020 (181,243.76) FY 2020/2021 (1,830,471.74) FY2021/2022* 662,121.58 Total (4,642,149.97) *Data as of Q 1, FY21-22 ONLY VHF Mobile radio ATTACHMENT E STANDARDIZED EQUIPMENT LIST PATROL STATIONS Mobile Handitalk VHF Mobile VRM Light Plastic Vehicle Type Radio Radio Radio MCTs (1) Modems AVL (2) Siren Rear Seat Radar Push Bar Gunlock Winch Screen Patrol Sedan x x x x x x x Patrol 4X4 (Expedition) x x x x x x x Patrol 4X4 (Pick Up) x x x x x x Traffic Sedan x x x x x x x Traffic Motorcycle x x Detective (4-Door) x x Detective (2-Door) x x Detective (Black & white) x x x x x x Detective (Van) x x CSO (Van) x x x x x (3) Supervisory Sedan x x No* x (1) Mobile Computer Terminals - purchased by Communication Center. (2) Auto Vehicle Locator (3) Amber warning light in rear deck. x x x x x x