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