Item 23 - 5-Yr Law Enforcement Contract
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AGENDAREPORTS~ARY
FROM:
INITIATED BY:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~ ./\
John D, Fitch, Assistant City Managercr' t Aii?
Mark A, Sanchez, Director of Safety Services ~
TO:
DATE:
June 4, 1996
SUBJECT:
Five- Year Law Enforcement Contract with the County of San Diego
ABSTRACT
The Law Enforcement Agreement between the County of San Diego and the City of Poway will expire on
June 30, 1996, Staff recommends that City Council approve the attachments and the new five-year contract.
ENVIRONMENTAL REVIEW
Environmental review is not required according to CEQA guidelines,
FISCAL IMPACT
Fiscal impact for Law Enforcement Services for fiscal year 1996/1997 will be $4,011,706,
ADDITIONAL PUBLIC NOTIFICATION
None.
RECOMMENDATION
It is recommended that City Council approve the attached five-year contract with the County of San Diego
for Law Enforcement Services,
ACTION
JUN 4 1996 ITEM 2 3
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AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request It to be removed fr?n: ~e Consent Calendar and
discussed separately. If you wish to have this report pulled for dISCUSSion, pl.ease fill out a slip indicatIng the report number
and give it to the City Clerk pnor to the begmning of the City Council meeting.
TO:
FROM:
INITIATED BY:
The Honorable Mayor and Mem~er of the City Council
James L. Bowersox, City Mana
.
John D. Fitch, Assistant City ManageAt' ~
Mark A. Sanchez, Director of Safety Services ~
DATE:
June 4, 1996
SUBJECT:
BACKGROUND
Five- Year Law Enforcment Contract with the County of San Diego
On March 5, 1996, City Council approved an extension to the current agreement that will expire on
June 30. 1996,
FINDINGS
The new five-year Law Enforcement Services contract between the County of San Diego and the City
of Poway contains costing methodologies that include direct and indirect costs, Several meetings have
been held with representatives of the nine contract cities to negotiate a new long-term contract.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
Fiscal impact for Law Enforcement Services for fiscal year 1996/1997 will be $4,01 1,706
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that City Council approve the attached five-year contract with the County of San Diego
for Law Enforcement Services,
Attachment A: Five- Year Law Enforcement Contract with attachments
ACTION:
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JUN 4 1996 .. eM 2 3
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
AGREEMENT FOR GENERAL LAW AND TRAFFIC ENFORCEMENT
SERVICES BETWEEN THE CITY OF
AND THE COUNTY OF SAN DIEGO
THIS AGREEMENT made and entered into this day of
19 , between the County of San Diego (here~nafter referred to as
the-"COUNTY") and the City of (hereinafter
referred to as the "CITY"):
WITNESSETH
WHEREAS, the CITY is a municipal corporation of the State of
California within the County of San Diego and desires to obtain
general law and traffic enforcement services from the Sheriff of
the County of San Diego; and
WHEREAS the COUNTY, . through the San Diego County Sheriff's
Department, desires to provide general and specialized law and
traffic enforcement services;
WHEREAS, section 54980 et seq. of the Government Code authorizes
the COUNTY and the CITY to contract for performance of Sheriff's
services within the CITY;
NOW THEREFORE, CITY AND COUNTY agree as follows:
SECTION 1. SCOPE OF SERVICE.
a) COUNTY, through the San Diego County Sheriff's Department,
shall provide general law enforcement services via the various
unit configurations of Patrol Service Options listed in Attachment
A of this agreement. To the extent such units are provided within
CITY, their services, together with all normal back-up auxiliary
services related thereto (including but not limited to
investigative, criminalistic, records, and supervisorial services,
but excluding specialized traffic functions) shall primarily
provide enforcement of the penal statutes of the State of
California, the California Vehicle Code, and pertinent regulatory
ordinances as adopted by the City Council of CITY.
San Diego Sheriff's Department
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JUN4 1996 'e !;;l. 2 3
b) COUNTY shall provide traffic services via the various unit
configurations of Traffic Service Options listed in Attachment A.
To the extent that such units are provided within CITY, their
services, together with all normal back-up auxiliary services
related thereto (including but not limited to data processing,
records, specialized training, and supervisorial services) 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 cooperation with various pertinent
CITY departments to obtain solutions to the traffic problems of
CITY.
c) From time to time, COUNTY may provide services not included
in its standard services options, or increase the level of
existing services. The nature, scope, and cost of such
specialized services and/or increased level of services shall be
mutually defined and made a part of this agreement upon approval
of CITY and COUNTY.
d) CITY may request the purchase of additional sworn or
professional ~ositions over and above the staffing included in
existing serv~ce level units. The purchase cost of each requested
position will be based on actual "average" base salary plus
appropriate benefits.
e) The Sheriff shall provide such enforcement services from his
existing headquarters and existing stations and such other
facilities as the COUNTY may hereafter acquire.
SECTION 2. LEVELS OF SERVICE.
a) By April 1 of each year, CITY shall determine the level of
general law enforcement services required within the CITY for the
following fiscal year. Such level of service shall not be less
than that level which is provided by COUNTY to the urbanized
unincorporated areas of the County of San Diego and, as a minimum,
shall include the availability of one (1) continuous twenty-four
hour per day patrol unit (one [1] eight-and-one-half-hour unit on
each of three [3] shifts), every day.
b) By April 1 of each year, CITY shall determine the level of
traffic enforcement services required within the city for the
following fiscal year. Such level of service, as a minimum, shall
include the availability of one (1) eight-and-one-half-hour,
five-day traffic unit, with relief.
c) By April 1 of each year CITY shall determine whether or not
to continue any agreed-to specialized services defined in
accordance with Section 1.c and the level of such services for the
following fiscal year.
San Diego Sheriff's Department V 2
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JUN 4 1996 .. .:M 2 3
SECTION 3. JOINT OPERATING AND FINANCIAL PLAN.
a) COUNTY and CITY shall prepare annually a written Joint
Operating and Financial Plan specifying the services referred to
in Section 2, and the total cost for such services determined in
accordance with Section 5. This plan when approved by CITY and
the COUNTY Board of Supervisors shall be effective July 1 and
shall be made a part of this agreement as Attachment B.
b) Notwithstanding paragraph (a) of Section 3, if there are no
changes in the levels of services within the CITY for the
prospective contract year, or if the level of services change is
minimal, thereby not requiring the addition of new COUNTY
personnel nor additional COUNTY fixed assets and not exceeding ten
thousand dollars ($10,000) in the aggregate, the Sheriff of the
County of San Diego may, on behalf of the County of San Diego,
enter into a (new) Joint Operating and Financial Plan with CITY
specifying the total cost of services determined in accordance
with Section 5. Such plan when approved by CITY and the County
Sheriff, acting on behalf of the COUNTY, shall be made a part of
this agreement as Attachment B.
SECTION 4. CONTRACT ADMINISTRATION.
a) The COUNTY designates the Sheriff or his designated
representative to represent the COUNTY in all matters pertaining
to the administration of this agreement.
b) The CITY designates its City Manager or designated
representative to represent CITY in all matters pertaining to this
agreement on behalf of the CITY.
c) The County Sheriff or his designated representatives shall
at all times be available to confer with the City Manager or
designated representative(s) of CITY and wherever feasible,
practical, and not in conflict with mandated duties and
responsibilities, shall provide the services agreed upon herein in
accordance with the intent of the CITY. Both CITY and COUNTY will
provide the full cooperation and assistance of its officers,
agents, and employees to each other in the performance of this
contract.
d) The contract cities shall form a contract law enforcement
technical advisory committee (CLETAC). The Sheriff and/or his
designated representatives shall meet with this Committee on at
least a quarterly basis to review contract administration
including contract interpretation cost charges and liability
issues. Operational issues will be addressed through a "side
letter" from the Sheriff to the CITY.
San Diego Sheriff's Departmenl
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JUN 4 1996 ITEM 23
e) Any notice or notices provided for by this agreement or by
law to be given or served upon the COUNTY and not within the
purview of Section 3(b) or Section 4(a) of this agreement, may be
given or served by letter deposited in the United States mail,
postage prepaid, and addressed to:
Chairperson
San Diego County
Board of Supervisors
1600 Pacific Highway
San Diego, CA 92101
The Board Chairperson will provide copies of all notices
received to the COUNTY Chief Administrative Officer and to
the San Diego County Sheriff's Department.
Any notice or notices provided for by this agreement or by law
to be given or served upon CITY may be given or served by letter
deposited in the United States mail, postage prepaid, and
addressed to:
City Manager
City of
SECTION 5. CONTRACT COST.
a) The contract cost for services provided by the COUNTY shall
be based upon the COUNTY's actual cost of such services for
identifiable units of service in accordance with Attachment A.
Total costs for said services shall be determined by multiplying
the unit cost of each identifiable service option by the number of
units service to be provided, and multiplying the product derived
by CITY's applicable beat factors, as defined below.
b) The County Sheriff, in accordance with Section 4.a., shall
provide to the City by March 1 of each year the service level
detail costs as defined in Attachment C.
C) The salaries and benefits that are applicable to each
service level unit shall be based upon the most current payroll
and adjusted for any known Board approved salary/benefit
increases.
d) All other costs (excluding salary, benefits and liability
costs) will be based upon actual costs per the previous fiscal
year Auditor's accounting records.
San Diego SheriH's Department
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nt 4. 1996 ITEM 2 3
e) CITY and COUNTY agree to a fixed annual liability cost per
the Attachment D for the term of this agreement. It is understood
and agreed that the annual liability cost will not be impacted by
the CITY beat factors.
f) COUNTY agrees to provide the standard equipment for CITY
vehicles per the Attachment E. The CITY/COUNTY agree that all
CITY vehicles (except motorcycles) will be surveyed out at 90,000
miles. When the CITY vehicle reaches the 90,000 mile limit the
COUNTY shall do one of the following:
1) Replace the vehicle, or
2) Allow the CITY to replace the vehicle and provide a
credit on the monthly billing per Section 6, Paragraph b
of this contract for the cost of the vehicle.
g) In addition to the adjustments made in paragraphs (c) and
(d) of Section 5, the beat factors of CITY for each of the
applicable services agreed to in the Joint Operating and Financial
Plan (Attachment B) shall be adjusted annually. The beat factor
is the percentage of the total on-call time spent by contracted
service units inside CITY limits. The beat factor shall be that
determined for the CITY for each type of service option during the
calendar year immediately preceding the prospective contract year
beginning July 1.
h) The CITY shall pay all costs which are mandatory as of the
effective date of this contract for any city police force to pay
pursuant to state or federal statute or case law, if such costs
are not included in the agreed-to costs enumerated in the Joint
Operating and Financial Plan (Attachment B). Further, the CITY
shall pay any such mandatory costs that shall become operative
during the term of this contract. Any and all costs under this
section will be billed separately from the basic contract costs.
i) 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).
j) The COUNTY shall provide all labor, supplies, equipment,
services, and materials required for its performance of the
foregoing 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 CITY.
k) All terms and conditions of this agreement
the continued appropriations and availability of
party for the performance of the services stated
are subject to
funds for each
herein.
San Diego Sheriff's Department
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JUN 4 1996 ITEM 23
SECTION 6. METHOD OF PAYMENT.
a) The COUNTY shall invoice the CITY monthly for services
received. The CITY, within 30 days from date of invoice, shall
pay to the County Treasurer through the Sheriff's Department at
9621 Ridgehaven Court, San Diego, CA 92123 for the services
agreed to as reflected in the Joint Operating and Financial Plan
(Attachment B).
b) Subject to written approval of the Sheriff or his designee,
the CITY may purchase vehicles and equipment deemed necessary to
facilitate program implementation or operation. Once the COUNTY
accepts equipment transferred or purchased by CITY towards the
operation of the contract under this agreement, such equipment
becomes the property of the COUNTY, and CITY shall be credited
total cost for said equipment. Total cost shall mean a value
agreed upon between COUNTY and CITY at the time the transfer is
made.
C) In the event that the Sheriff performs other services not
herein described, at the request of the CITY, such services shall
be billed in addition to the amount and method of payments set
forth above. CITY agrees to pay the allowable cost of such
services so requested. The CITY shall not be obligated to pay any
services provided at no charge to non-contract agencies (i.e.,
regional services); provided, however, that in the event that all
non-contract cities are charged by the COUNTY for any regional
service, the COUNTY may reopen negotiations with the CITY in
accordance with Section 14 of this agreement, and a charge for
such regional service may take effect at any time during the term
of this agreement upon agreement of the parties.
d) In the event that COUNTY does not maintain the annual level
of service contracted for in this agreement, CITY shall be given
appropriate credit for the service in non-compliance during the
subsequent contract year based upon a method jointly developed and
agreed to by COUNTY and CITY. Per mutual agreement this credit
will not be "pooled", but will be credited to the CITY not
receiving the contractual service.
SECTION 7. COLLECTION OF FINES AND FORFEITURES.
a) The distribution of fines and forfeitures under Section 1463
of the Penal Code shall be made as though the Deputy Sheriffs
performing under this contract were "City Officers."
V 6
San Diego SheriH's Slepartment
8 of 17
JUN 4 1996 ITEM 23
SECTION 8. FORFEITED ASSET SEIZURE PROPERTY.
a) Any property retrieved in CITY by contracted patrol
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.
b) Assets seized through the Asset Forfeiture process by
contracted personnel as a result of self-initiated activities or
calls for service shall be shared with the City according to
current Asset Seizure guidelines.
c) City Station Captains shall coordinate all asset forfeiture
requests between the City and Sheriff's Department.
d) City may share in 90% of the net forfeited asset, depending
on the pro rata involvement of various agencies personnel,
including any deputy which may be assigned to work the seized case
within the contract city.
e) In all cases, Federal Asset Seizure guidelines prevail.
SECTION 9. AUDIT AND INSPECTION OF RECORDS.
a) The COUNTY agrees that records generated under this contract
shall be made available to the CITY to audit and examine. The
CITY agrees that any such audit will be arranged by contacting the
COUNTY Board Chairperson or designated representative at least ten
(10) working days prior to the commencement of the audit and shall
be conducted at any time during normal working hours.
b) CITY, through its City Manager, shall have access to reports
and other documents pertaining to this agreement. COUNTY shall
transmit monthly statistical reports on crime occurrence, traffic
incidence, and other calls for services within the CITY to the
City Manager, upon request.
SECTION 10. INDEMNIFICATION.
a) All personnel provided by the Sheriff in the performance of
the services and functions of this contract for said CITY shall be
COUNTY officers and employees, but shall be deemed to be officers
and employees of the CITY for the sole purpose of distributing
fines and forfeitures pursuant to Penal Code 1463. (Section 7).
The CITY shall have no liability for any direct payment of
salaries, wages or other compensation to any COUNTY officers and
employees engaged in such performance. The CITY shall not be
liable for compensation or indemnity to any COUNTY employee for
expenses or damages incurred from injury or sickness arising out
of employment.
V 7
San Diego Sheriff's Department
9 of 17
JUN 4 1996 ITEM 2 3
b) COUNTY shall assume the defense of and indemnify and hold
harmless the CITY from and against all actions or claims against
any COUNTY officers or employees for damages or losses arising out
of or resulting from the performance of this agreement by such
COUNTY officers and employees.
c) The CITY shall assume the defense of indemnify and hold the
COUNTY harmless from and against all actions or claims against any
CITY officers or employees for damages or losses arising out of or
resulting from the performance of this agreement by such CITY
officers and employees. In addition, when liability arises
pursuant to Government Code Sections 830 et seq. by reason of a
dangerous condition of CITY property, the CITY shall assume the
defense of and indemnify and hold harmless the COUNTY from all
loss, cost of expenses arising out of the dangerous conditions of
property of CITY. The duty of CITY to defend, indemnify, and hold
harmless the COUNTY in respect to any dangerous condition of CITY
property shall apply regardless of COUNTY'S knowledge of or duty
to warn CITY of such condition and regardless of any special
relationship between CITY and COUNTY in regard to such dangerous
conditions of CITY property.
d) Any party may at its own cost participate in the defense of
any suit, or in the prosecution of any appeal affecting matters
herein involved where the duty of defense of prosecution is
imposed on the other party, and where the other party has
consented thereto.
e) COUNTY shall assure the Sheriff's Department's status as an
accredited law enforcement agency and, should that status be
reduced, agrees to meet and confer with CITY about any impact,
actual or potential, related to any provision of this agreement.
SECTION 11. AMENDMENTS OR MODIFICATIONS.
a) 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 written
amendments to this agreement and approved by both COUNTY and CITY.
SECTION 12. TERMINATION FOR CONVENIENCE.
a) Notwithstanding any other section or provision of this
agreement, either party hereto may terminate this agreement by
giving a one-year advance written notice of intention to
terminate.
San Diego Sneriff's ;)epartmenl
V 8
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JUN 4 1996 ITEM 2 3
SECTION 13. TERM OF AGREEMENT.
a) This agreement shall take effect July 1, 1996 and unless
sooner terminated as provided for herein, shall terminate on
June 30, 200 1 .
SECTION 14. RENEGOTIATION
Notwithstanding any other prov~s~on of this agreement, the
COUNTY may reopen negotiations with the CITY concerning the
provisions of this agreement at any time during the term of this
agreement. In the event that a~reement of the parties is not
achieved in any such renegotiat~on, the COUNTY may, if it so
desires, terminate this agreement for convenience by giving a
one-year advance written notice in accordance with the provisions
of Section 12.
IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its
City Council, has approved the execution of this contract by its
Mayor, and the COUNTY, by order of its Board of Supervisors, has
ratified the execution of this contract by the Sheriff of the
County of San Diego, this ____ day of , 19
CITY
COUNTY OF SAN DIEGO
Mayor
Board Cha~rperson or Des~gnee
Action
Ratified by Board of Supervisors
Action
Approved by City Council
Date
,19_
Date
, 19
By:
By:
Clerk, Board of Superv~sors
County of San Diego
V 9
San Diego Sheriff s Department
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JUN 4 1996 ITEM 2 3
ATTACHMENT A
CONTRACT LAW ENFORCEMENT PROGRAM
SERVICE UNIT COSTS
FlY 1996/97
VEHICLE DAYS PER ANNUALIZED
SERVICE UNIT CATEGORY TYPE WEEK RELIEF OWNER COST (1)
PATROL SEDAN 7 WITH COUNTY $265.802
PATROL SEDAN 5 WITH COUNTY $189,859
PATROL SEDAN 5 WITHOUT COUNTY $152,760
PATROL 4x4 7 WITH COUNTY $264,847
PATROL 4x4 5 WITH COUNTY $189,177
PATROL 4x4 5 WITHOUT COUNTY $152,211
TRAFFIC SEDAN 7 WITH COUNTY $211,894
TRAFFIC SEDAN 5 WITH COUNTY $151,353
TRAFFIC SEDAN 5 WITHOUT COUNTY $121,778
TRAFFIC M/CYCLE 5 WITHOUT COUNTY $124,269
TRAFFIC M/CYCLE 5 WITHOUT CITY $120,017
SPECIAL PURPOSE OFFICER SEDAN 5 WITHOUT COUNTY $76,343
SPECIAL PURPOSE DETAIL SEDAN 5 WITHOUT COUNTY $434,096
(4 DEPUTIES, 1 SERGEANT)
COMMUNITY SERVICES OFFICER VAN 5 WITHOUT COUNTY $43,950
COMMUNITY SERVICES OFFICER NONE 5 WITHOUT COUNTY $39,321
(1) Liability cost is excluded from 'Annualized Cost'
Note: City may request the purchase of additional sworn or professional positions over and above
those included in the above service unit categories.
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14 of 17
JUN 4 1996
ITEM 23
ATTACHMENT C
SERVICE UNIT COST DETAIL SHEET
7-DAY PATROL SEDAN WITH RELIEF
FlY 96/97
COST
t. Opetatlons Costs
$227,554
A. Salaries & Benefits:
1. Law Enforcement Stations
a. Deputy
b. Sergeant
c. Other Support
$115,859
19,281
17,441 $152,581
$33,480
16,161
3,920
3,606
14,200 71,367
$223,946
$1,838
1,768 3,606
. $38,248
$9,716
4,051
3,874
2,173 $19,814
2,890
$3,227
1,969
3,363
3,865
3,080 $15,544
$265,802
$2,780
, $268,582
2 Law Enforcement Support
a. Station Area Detectives
b. Communications Center
c Crime Prevention
d. Juvenile lntef'\lention
e. Regional Services
(Charged to Patrol Units Only)
Total Salaries & Benefits
OTHER OPTIONS;
A. 5-Day With Relief
Liability
B. 5-Day Without Relief
Liability
$189,859
Sl,986
$152,750
$1,598
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JUN 4 1996 ITEM 23