2008/10/01 Riverside, County Sheriff's Department, law enforcement services AGREEMENT FOR LAW ENFORCEMENT SERVICES .3 3
G
BETWEEN THE CITY OF MENIFEE
AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT is made and entered into by and between the CITY OF MENIFEE,
a general law city, hereinafter"City," and the COUNTY OF RIVERSIDE, a political subdivision
of the State of California, on behalf of the Riverside County Sheriff's Department, hereinafter
"County."
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
1.1 Effective Dates. This Agreement shall be effective from the date of execution
through June 30, 2009.
1.2 Termination. Either party may terminate this Agreement upon serving a ninety
(90) day written notice to the other party.
2. SCOPE OF SERVICE
2.1 Services. Pursuant to this Agreement the County agrees, through Sheriff thereof,
to provide municipal police protection within the corporate limits of City to the extent and in the
manner hereinafter set forth for the transition year of City incorporation. The services shall
encompass duties and functions of the type falling under the jurisdiction of and customarily
rendered by a police department of the City under State statutes. Such services shall include the
enforcement of State statutes and the City codes and ordinances. Services shall also include
traffic enforcement and related services to the extent possible given the size of the force provided
for in this Agreement. County agrees to provide all investigative support necessary to complete
criminal investigations conducted hereunder.
2.2 California Identification System (CAL-ID) and Records Management System
(RMS) City agrees as a condition of receiving services hereunder to participate in CAL-ID
and RMS under the terms and conditions set forth in this Section.
2.2A Definitions. For purposes of this agreement the following definitions shall apply:
a) Records Management System (RMS) Functions shall mean the software
functions provided to City by County, which are supplied by the RMS. These
functions shall include inquiry and case entry into the RMS, access to the Master
Name Index, Warrant and Master Location Index and Jail Locator databases.
1
NOV 1 9 200$ s�
b) The California Law Enforcement Telecommunications System Access
(CLETS) shall mean that access to the Department of Justice computers provided
by County to City.
c) Work Station shall mean those County devices and software, which are used by
City to access RMS functions and the CLETS.
d) LAWNET shall mean the County's law enforcement telecommunications
network consisting of County provided data circuits, digital service units, routers,
hubs and other County provided hardware and software that is used by City to
connect work stations to RMS services as defined below.
e) County Services shall mean the collective hardware and software, work
LAWNET, stations, RMS functions and CLETS.
2.213 Scope of RMS Services. County agrees to provide to City full access to the RMS
and CLETS systems. CLETS access will be provided within the scope of CLETS access
rules and regulations as established by the California State Department of Justice.
2.2C Provision of RMS Supervision Labor and Equipment. Supervision over the
provision of County Services, the standards of performance and other matters incident to
the performance of such services, shall remain with County. Security of the host system
and control of LAWNET shall remain with County. The County shall furnish all labor
and equipment for the host system necessary to maintain the level of service rendered
hereunder. In the event City chooses to provide PC-based equipment for services defined
herein, the equipment must be configured in accordance with County specifications.
Further, City shall not alter the configuration of any PC-based equipment used to provide
services herein without the permission of Sheriffs Information Technology Officer.
2.2D Establishment of RMS Rates and Payment of Costs Establishment of RMS rates
and payments for provided services shall be as specified in Sections 7.2 and 7.3 of this
Agreement.
2.3 Records. County shall maintain adequate records to discharge its responsibilities under
this Agreement, and shall permit inspection of County's appropriate records that relate to City
services under this Agreement, as allowed by law. County shall provide City access to
appropriate records pertaining to City services for approval, funding or auditing services, upon
reasonable notice. Such records shall be maintained by County for periods of time as provided
by law or records retention schedules duly adopted by the appropriate legislative body.
Covenants under this Section shall survive the termination of this Agreement.
3. LEVEL OF SERVICE
3.1 Level of Service Specified. County shall provide all enforcement services at the
level specified in Attachment A, attached hereto and incorporated herein by this reference.
2
3.2 Variation in Level of Service. Subsequent to July 1, 2009, variations in the level
of service shall be made by amendment, as provided for in Section 10 of this Agreement.
4. CHIEF OF POLICE
The current Station Commander of the Perris Station will act as Chief of Police, as
previously appointed by the Sheriff. However, should that position be vacated, the Sheriff will,
to the extent practical, coordinate the appointment of a Chief of Police and consult with the City
on the final selection process.
5. PROVISION OF SUPERVISION, LABOR,AND EQUIPMENT
5.1 Supervision. Supervision over the rendition of law enforcement services, the
standards of performance, the discipline of officers, and other matters incident to the
performance of such services and the control of personnel so employed, shall remain with
County. The Sheriff or a designated representative will meet and confer with the City Manager
or a designated representative on questions related to the provision of services.
5.2 Labor and Equipment. For the purpose of performing said services, County shall
furnish and supply all labor, supervision, equipment, communication services, and supplies
necessary to maintain the level of service to be rendered hereunder. Location of the above will
not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed
that in all instances where specific equipment used solely to support specialized enforcement
activities within the City not normally provided by the Sheriff is to be used, or where special
supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the
name of City, such equipment and materials shall be supplied by City at its own cost and
expense. Any such special equipment or materials so purchased by City shall meet with the
Sheriff's specifications, shall remain within the City limits, and ownership title thereto shall
remain with City.
5.3 City-Owned Motorcycles and Vehicles In the event City chooses to provide
motorcycles or vehicles for use in providing services hereunder,the motorcycles or vehicles shall
meet minimum specifications furnished by County, shall be adequately equipped and ready for
use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel,
licensing, and any and all expenses associated with use of the vehicle for the provision of
services hereunder, which is inclusive of responsibility for any and all cost for physical damage
to the City-owned motorcycles or vehicles. However, County shall be responsible for the cost
of all third party liability caused by the operation of the City-owned motorcycles or vehicles,
including the property damage caused by the negligence or wrongful acts of County officers and
employees while operating City-owned motorcycles and vehicles. Motorcycles and vehicles
owned by City shall be used only for City-approved functions.
5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to any
City-owned vehicles in an amount equal to the replacement value of all vehicles provided to the
County under this agreement. Policy shall, by endorsement, name the County of Riverside, its
3
Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board
of Supervisors, elected and appointed officials, employees, agents, or representatives as
Additional Insureds. Such insurance may be provided through a program of self-insurance.
General Insurance Provisions -All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted
to the State of California and have an A.M. BEST rating of not less than an A: VIII
(A: 8) unless such requirements are waived, in writing, by the County Risk Manager.
If the County's Risk Manager waives a requirement for a particular insurer such
waiver is only valid for that specific insurer and only for one policy term.
b. City shall cause their insurance carrier(s) to furnish the County of Riverside with
1) a properly executed original Certificate(s) of Insurance and certified original
copies of Endorsements effecting coverage as required herein; or, 2) if requested to
do so orally or in writing by the County Risk Manager, provide original Certified
copies of policies including all Endorsements and all attachments thereto, showing
such insurance is in full force and effect. Further, said Certificate(s) and policies of
insurance shall contain the covenant that the insurance carrier(s) shall provide no
less than thirty (30) days written notice be given to the County of Riverside prior to
any material modification or cancellation of such insurance. In the event of a
material modification or cancellation of coverage, this Agreement shall terminate
forthwith, unless the County of Riverside receives, prior to such effective date,
another properly executed original Certificate of Insurance and original copies of
endorsements or certified original policies, including all endorsements and
attachments thereto evidencing that the coverages and the insurance required herein
are in full force and effect. Individual(s) authorized by the insurance carrier to do so
on its behalf shall sign the original endorsements for each policy and the Certificate
of Insurance. If County is utilizing City-owned vehicles, operations shall not
commence until the County of Riverside has been furnished original Certificate (s)
of Insurance and certified original copies of endorsements or policies of insurance
including all endorsements and any and all other attachments as required in this
Section.
c. It is understood and agreed by the parties hereto and the City's insurance
company(s), that the Certificate(s) of Insurance and policies shall so covenant and
shall be construed as primary insurance, and the County's insurance and/or
deductibles and/or self-insured retentions or self-insured programs shall not be
construed as contributory.
6. EMPLOYMENT STATUS OF PERSONNEL
6.1 Employment Status. Any persons employed by County for the performance of
services and functions pursuant to this Agreement shall remain employees of County on special
assignment to City for the purposes of this Agreement, and shall not be considered employees of
4
City. No such County employee shall have any entitlement to compensation, workers'
compensation coverage, pension, or civil service benefits from City.
6.2 Labor Shortage. In the event of a work slow-down, strike, or any other form of
job action by those individuals assigned to City, County agrees to provide only that level of
service which may be available through mutual aid, pursuant to Government Code Section 8615,
et seq. City shall be billed only for the actual hours of service received.
7. COMPENSATION
7.1 Payment Basis. City shall reimburse County the cost of rendering services
hereunder at rates established by the County Board of Supervisors, which rates shall include all
items of cost and expense to the Sheriff for providing the services hereunder. Such cost of
services shall be established by the County Board of Supervisors in the form of hourly rates for
Sheriff's Department personnel, vehicle mileage rates, facility use rates and RMS transaction
fees. "Cost" as used herein shall not include items of expense attributable to services normally
provided or available to all territory within the County as part of County's obligation to enforce
State law. In addition to any other fees or costs set forth herein, County may impose on City,
and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee
consistent with Government Code Section 29550 with respect to arrests made by County
employees pursuant to this Agreement just as if such arrests had been made by City employees.
Pursuant to Government Code Section 51350, County shall not charge City for services it would
provide to any city in the County free of charge. These services, which are provided at the
discretion of County, could typically include the services of the Sheriff's Special Investigations
Bureau, Emergency Services Team, Canine Unit, and Aviation Unit.
7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically
to reflect any changes in the cost to County for providing services hereunder. City shall be
notified of any change in the rates to be charged City prior to submittal of the proposed change to
the County Board of Supervisors for adoption, and City shall be given the opportunity to review
the proposed change with County personnel. City shall, thereafter, be notified of adoption by
County of the rates to be charged City, and said new rates shall take effect on the same date as
County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to
appropriate or expend any additional monies needed to support the level of service theretofore
supplied, County reserves the right to reduce the level of service in accordance with the amount
City is willing to expend.
7.3 Payment of Costs. County agrees to temporarily defer all Baseline Service costs
during the transition period. Referring to Attachment A, Baseline Service includes the average
patrol services standard of 141.4 supported daily hours and the two dedicated Deputy Sheriffs for
Quail Valley. A payment schedule for Baseline Service rendered will be developed during the
transition period, and may be governed by a separate Agreement between the County and City.
For services purchased by the City in addition to the Baseline Service, County, through the
Sheriff's Department, shall provide to City within 30 days of the conclusion of each calendar
month an itemized statement of the costs for services being charged for said month. Referring to
5
Schedule A, the services in addition to Baseline Service include two dedicated Deputy Sheriffs,
who make up the Traffic Team, and two Community Service Officer I1 positions. City shall
remit payment to the Sheriff's Department within 30 days after receipt of such statements.
Billing statements for RMS services will be provided quarterly for services being charged for
said quarter. The Facility billing will be provided annually.
7.4 Field Training Should City elect to add additional Deputy Sheriff positions to
the level of service described herein, there will be an associated field training cost for each
additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16)
weeks of training on a one-time basis for each additional Deputy position. Said cost will be
charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors.
Billing will be provided within 30 days of the Board of Supervisors approval of any new
positions. Field training costs will not apply to supervisory or classified positions added to the
level of service.
8. INDEMNIFICATION AND HOLD HARMLESS
8.1 Indemnification by Cilv. City shall indemnify and hold County, its officers, agents,
employees and independent contractors free and harmless from any claim or liability whatsoever,
based or asserted upon any act or omission of City, its officers, agents, employees, volunteers,
subcontractors, or independent contractors, for property damage, bodily injury or death, or any
other element of damage of any kind or nature arising out of the performance of this Agreement
to the extent that such liability is imposed on County by the provisions of California Government
Code Section 895.2 or other applicable law, and City shall defend at its expense, including
attorney fees, County, its officers, agents, and employees and independent contractors in any
legal action or claim of any kind based upon such alleged acts or omissions.
8.2 Indemnification by County. County shall indemnify and hold City, its officers,
agents, employees and independent contractors free and harmless from any claim or liability
whatsoever, based or asserted upon any act or omission of County, its officers, agents,
employees, volunteers, subcontractors, or independent contractors, for property damage, bodily
injury or death, or any other element of damage of any kind or nature arising out of the
performance of this Agreement to the extent that such liability is imposed on City by the
provisions of California Government Code Section 895.2 or other applicable law, and County
shall defend at its expense, including attorney fees, City, its officers, agents, employees and
independent contractors in any legal action or claim of any kind based upon such alleged acts or
omissions.
9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the
Sheriff shall administer this Agreement on behalf of County.
H
H
H
6
10. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal
understanding of the parties, their officers, agents, or employees, shall be valid unless made in
the form of a written amendment to this Agreement which is formally approved and executed by
both parties.
11. NOTICES
Any notices required or desired to be served by either party upon the other shall be
addressed to the respective parties as set forth below:
Coup Ci1y
Stanley L. Sniff Jr., Sheriff City of Menifee
Riverside County Sheriff's Department 29683 New Hub Drive, Suite C
Post Office Box 512 Menifee, CA 92586
Riverside, California 92502 Attn: City Manager George Wentz
or to such other addresses as from time to time may be designated by the respective parties. An
information copy of any notice to County shall also be sent to:
Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1"Floor
Riverside, California 92501
12. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
13. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that
degree of care and skill ordinarily exercised under similar circumstances by law enforcement
officers in performance of the duties required by this Agreement.
14. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event
any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this
Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.
//
//
7
ATTACHMENT A
CITY OF MENIFEE
LEVEL OF SERVICE FOR THE POST-INCORPORATION TRANSITION PERIOD
Average Patrol Services
141.4 supported hours per day. (Approximate equivalent of 29 Deputy Sheriff positions @ 1,780
annual productive hours per position)
Dedicated Positions
Two (2) Deputy Sheriff positions—Quail Valley Patrol
Two (2) Deputy Sheriff positions—Traffic Team
Two (2) Community Service Officer II positions
9
15. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their
understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection therewith.
IN WITNESS WHEREOF, the City of MENIFEE, by minute order or resolution duly
adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested
and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has
caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested
by the Clerk of said Board, all on the dates indicated below.
CITY OF MENIFEE
Dated: By. (, P
Wallace Edgerton, Mayor
ATTEST:
Name Kathy Bennett
Title City Clerk
By:
AAUWV-1�1--
COUNTY OF RIVERSIDE
Dated: NOV 1 8 2008 By
y VAson, Chairman
43'60 of Supervisors
ATTEST:
Nancy Romero
Clerk of the Board
By: (--,
�4R
Depuo FORM APPR V.ED COUNTY COUNSEL _
I I q
� )LL i�l. f L' �C / �5-lJ�
BY:
SYI�t H�IA M. GUNZEL DATE
8
NOV 1 8 2008 J-0