2012/07/01 Riverside, County FY17 Law enforcement services AGREEMENT FOR LAW ENFORCEMENT SERVICES
City of Menifee
BETWEEN THE CITY OF MENIFEE
APR 01 2014
AND THE COUNTY OF RIVERSIDE
Received
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 Sheriffs Department, hereinafter
"County.,,ty.
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
1.1 Effective Dates. This Agreement shall be effective from July 1, 2012 through
June 30,2017.
1.2 Renewal. In the event City desires to terminate this Agreement at the end of any
current five (5) year period, the City Council, not later than twelve (12) months preceding the
expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of
Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be
automatically renewed for an additional five (5) year period at the level of service then currently
in effect. As a matter of convenience to the parties hereto, and in order to facilitate continuity of
the law enforcement services provided to City, the parties may mutually approve and ratify any
automatic renewal of this Agreement retroactively to the effective date of such automatic
renewal.
1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein,
either party may terminate this Agreement upon notice in writing to the other party of not less
than twelve (12) months prior to the effective termination date.
2. SCOPE OF SERVICE
2.1 Services. The County agrees,through Sheriff thereof, to provide municipal police
protection within the corporate limits of City to the extent and in the manner hereinafter set forth.
It is understood that the Sheriffs Department shall be the sole provider of general and
specialized law enforcement services within the corporate limits of City. City shall not hire any
other persons or company to provide general and specialized law enforcement services within the
corporate limits of City. However, City is not precluded by any language in this section from
hiring an unarmed code enforcement unit. The Sheriffs 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
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Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include
traffic enforcement and related services to the extent possible given the size of the force provided
for in this Agreement. County agrees to provide all investigative support necessary to complete
criminal investigations conducted hereunder. However, all investigator overtime will be charged
City at the Board of Supervisors approved hourly overtime rate.
2.2 California Identification System (CAL-ID) and Records 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 and to pay for these services under
separate billings.
2.2A Definitions. For purposes of this agreement the following are some of the more
common definitions which shall apply, but shall not be limited by this reference:
a) Records Management System (RMS) Functions shall mean the software
functions provided to City by County, which are supplied by the RMS. These
functions shall include inquiry and case entry into the RMS, access to the Master
Name Index, Warrant and Master Location Index and Jail Locator databases.
b) The California Law Enforcement Telecommunications System Access
(CLETS) shall mean that access to the Department 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.
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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.
2.21) 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 7.4 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.
3.2 Variation in Level of Service. Variations in the level of service shall be made by
amendment, as provided for in Section 11 of this Agreement, and under the following terms:
If City requests an increase in the level of service to be provided under this Agreement,
County agrees to provide such increased level of service as soon as is practicable, consistent with
the ability of the Sheriff to hire and train recruits.
If City elects to reduce the level of service provided herein by ten percent (10%) or
greater, City must give notice in writing to County not less than twelve (12) calendar months
prior to the effective date of such reduction. If City elects to reduce the level of service provided
herein by less than ten percent(10%), County agrees to reduce the level of service accordingly as
soon as it is practicable. The level of service, however, may not be reduced to below the
minimum level, as determined by County, required to ensure public and officer safety.
4. CHIEF OF POLICE
The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with
City and consult with City on final selection for the position.
5. PROVISION OF SUPERVISION, LABOR, AND 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
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supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the
name of City, such equipment and materials shall be supplied by City at its own cost and
expense. Any such special equipment or materials so purchased by City shall meet with the
Sheriffs specifications shall remain within the City limits, and ownership title thereto shall
remain with City.
However, under no circumstances shall City purchase or otherwise provide general patrol
vehicles for services provided pursuant to this agreement without permission of Sheriff. The
County shall provide all marked general Patrol vehicles to City and shall charge City for their
use on a per mile basis.
5.3 City-Owned Motorcycles and Specialized Support Vehicles In the event City
chooses to provide motorcycles or specialized support vehicles for use in providing services
hereunder, the motorcycles or specialized support vehicles shall meet minimum specifications
furnished by County, shall be adequately equipped and ready for use, and shall be registered in
the name of City. It is further understood that City is providing motorcycles or specialized
support vehicles to Sheriff expressly for law enforcement services and shall only be operated by
Sheriffs personnel, or persons authorized by the Sheriff.
City shall bear the cost of maintenance, fuel, licensing, and any and all expenses
associated with use of the motorcycles and specialized support vehicles for the provision of
services hereunder, which is inclusive of responsibility for any and all cost for physical damage
to the City-owned motorcycles or specialized support vehicles. However, County shall be
responsible for the cost of all third party liability caused by the operation of the City-owned
motorcycles or specialized support vehicles, including the property damage caused by the
negligence or wrongful acts of County officers and employees while operating City-owned
motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles
shall be used only for city-approved fimctions.
5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the
City-owned vehicles in an amount equal to the replacement value of all vehicles provided to the
County under this agreement. Policy shall, by endorsement, name the County of Riverside, its
Departments, Districts, Agencies and Special Districts, 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. The City shall cause their insurance carrier(s) to furnish the County of Riverside
with 1) a properly executed original Certificate(s) of Insurance and certified original
copies of Endorsements effecting coverage as required herein; or, 2) if requested to
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do so orally or in writing by the County Risk Manager, provide original certified
copies of policies including all Endorsements and all attachments thereto, showing
such insurance is in full force and effect. Further, said Certificate(s) and policies of
insurance shall contain the covenant of the insurance carrier(s) that shall provide no
less than thirty (30) days written notice be given to the County of Riverside prior to
any material modification or cancellation of such insurance. In the event of a
material modification or cancellation of coverage, this Agreement shall terminate
forthwith, unless the County of Riverside receives, prior to such effective date,
another properly executed original Certificate of Insurance and original copies of
endorsements or certified original policies, including all endorsements and
attachments thereto evidencing coverages and the insurance required herein are in
full force and effect. Individual(s) authorized by the insurance carrier to do so on its
behalf shall sign the original endorsements for each policy and the Certificate of
Insurance. If County is utilizing City-owned vehicles, operations shall not
commence until the County of Riverside has been furnished original Certificate (s)
of Insurance and certified original copies of 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
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, RMS transaction fees and CAL-
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ID fees. "Cost" as used herein shall not include items of expense attributable to services normally
provided or available to all territory within the County as part of County's obligation to enforce
State law. In addition to any other fees or costs set forth herein, County may impose on City,
and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee
consistent with 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 Sheriffs Special Investigations
Bureau, Emergency Services Team, Canine Unit and Aviation Unit.
7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically,
but not more than once each fiscal year, to reflect any changes in the cost to County 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 Facility Rate Charges City shall reimburse County for the costs incurred by the
Sheriffs Department at County-owned or leased facilities. Costs are prorated according to the
facility's square footage occupied by a Sheriff's Department Bureau or Unit.
Calculation of Facility Rates. The total of the facility's cost components is divided by the
appropriate variable number of positions (number of station funded, sworn department funded or
total Department funded employees depending on the facility in question and the Department
population served). This cost per funded position is then applied to the number of positions
chargeable to the contract city to arrive at each contract city's share of the facility cost.
The County agrees that Facility Rate Station charges to City will not be increased due to
the Sheriffs decision to move Contract or unincorporated County Patrol positions from the
Station.
7.4 Payment of Costs. County, through the Sheriffs Department, shall provide to
City within 30 days of the conclusion of each billing period, an itemized statement of the costs
for services being charged for said billing period. Billing statements for RMS services will be
provided quarterly for services being charged for said quarter. City shall remit payment to the
invoicing department within 30 days after receipt of such statements. If such payment is not
received by the County within thirty (30) days after presentation of billing, County may satisfy
such indebtedness from any funds of the City on deposit with County as provided by law
pursuant to Government Code Section 907.
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7.5 Field Training Costs. 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 for field training costs in conjunction with the rate adjustment billing.
Field training costs will not apply to supervisory or classified positions added to the level of
service.
7.6 Miscellaneous Costs. There are a number of other service costs that City shall be
responsible for paying as they are incurred. These costs are not included as the support or
service and materials cost components in the fully supported Deputy hourly rate, nor any other
such rates established by the County Board of Supervisors. These service costs may include, but
are not limited to charges from vendors for: crime scene clean-up, blood draws, rape exams,
polygraph exams, specialized printing jobs exclusive to City and training for personnel requested
by City for specialized law enforcement.
8. INDEMNIFICATION AND HOLD HARMLESS
8.1 Indemnification by City. City shall indemnify and hold harmless the County, its
Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board
of Supervisors, elected and appointed officials, employees, agents and representatives from any
liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City,
its officers, employees, contractors, agents or representatives arising out of or in any way relating
to this Agreement, including but not limited to property damage, bodily injury, or death. City
shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of
investigation, defense and settlements or awards, the County, its Agencies, Districts, Special
Districts and Departments, their respective directors, officers, Board of Supervisors, elected and
appointed officials, employees, agents and representatives in any such action or claim. With
respect to any action or claim subject to indemnification herein by City, City shall, at its sole
cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or
compromise any such action or claim without the prior consent of County; provided, however,
that any such adjustment, settlement or compromise in no manner whatsoever limits or
circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied
when City has provided to County the appropriate form of dismissal (or similar document)
relieving the County from any liability for the action or claim involved. Any insurance coverage
shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the
County.
8.2 Indemnification by County. County shall indemnify and hold harmless the City, its
Agencies, Districts, Special Districts and Departments, their respective directors, officers,
elected and appointed officials, employees, agents and representatives from any liability, claim,
damage or action whatsoever, ba
sed or asserted g any u onact or omission of County, is i officers,
employees, contractors, agents or representatives arising out of or in an way r g p relating to this
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Agreement,
ment including
but not limited to property damage, bodily injury, or death. County shall
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defend, at its sole cost and expense, including but not limited to attorney fees, cost of
investigation, defense and settlements or awards, the City, its Agencies, Districts, Special
Districts and Departments, their respective directors, officers, elected and appointed officials,
employees, agents and representatives in any such action or claim. With respect to any action or
claim subject to indemnification herein by County, County shall, at its sole cost, have the right to
use counsel of its own choice and shall have the right to adjust, settle, or compromise any such
action or claim without the prior consent of City; provided, however, that any such adjustment,
settlement or compromise in no manner whatsoever limits or circumscribes County's
indemnification of City. County's obligations hereunder shall be satisfied when County has
provided to City the appropriate form of dismissal (or similar document) relieving the City from
any liability for the action or claim involved. Any insurance coverage shall in no way limit or
circumscribe County's obligations to indemnify and hold harmless the City.
9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the
Sheriff shall administer this Agreement on behalf of County.
10. RECORDS
County shall maintain adequate records to discharge its responsibilities under this
Agreement, and shall permit inspection of County's appropriate records that relate to City
services under this Agreement, as allowed by law. County shall provide City access to
appropriate records pertaining to City services for approval, funding or auditing services, upon
reasonable notice. County shall maintain such records for periods of time as provided by law or
records retention schedules duly adopted by the appropriate legislative body. Covenants under
this Section shall survive the termination of this Agreement.
11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal
understanding of the parties, their officers, agents, or employees, shall be valid unless made in
the form of a written amendment to this Agreement which is formally approved and executed by
both parties. No waiver of any term or condition of this Agreement by either party shall be a
continuing waiver thereof.
12. NOTICES
Any notices required or desired to be served by either party upon the other shall be
addressed to the respective parties as set forth below:
County City
Stanley L. Sniff Jr., Sheriff City of Menifee
Riverside County Sheriffs Department 29714 Haun Road
Post Office Box 512 Menifee, CA 92586
Riverside, California 92502 Attn: City Manager Robert Johnson
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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, 15t Floor
Riverside, California 9250t
Notice shall be deemed given when in writing and delivered personally or mailed with
confirming delivery receipt addressed as set out above.
13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
14. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that
degree of care and skill ordinarily exercised under similar circumstances by law enforcement
officers in performance of the duties required by this Agreement. All Sheriffs personnel who
provide general and specialized law enforcement services to City pursuant to this Agreement
shall have met the minimum qualifications designated for their specific classification, including a
background investigation.
15. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event
any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this
Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.
16. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their
understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and,
contemporaneous agreements and understandings, oral or written, in connection therewith.
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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 MENTqE
Dated: I By.
Scott Mann, Mayor
ATTEST:
Name: Kathy Bennett
Title: City Clerk
By: UYII
COUNTY OF RIVERSIDE
Dated: JUL 012014 By:
eff to hair
side ounty Board of Supervisors
ATTEST:
Kecia Harper-Ihem
Cl e k of the Board FOR P V D TY COUNSEL
BY. EAL R. KIPNIS DA E
B .
Deputy
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ATTACHMENT A
CITY OF MENIFEE
LEVEL OF SERVICE
As of the effective date of this Agreement, the Sheriffs Department has provided the
following level of service:
Average Patrol Services
110 supported hours per day. (Approximate equivalent of twenty-three (23) Deputy Sheriff
positions @ 1,780 annual productive hours per position)
Dedicated Positions
Four (4) Deputy Sheriff(fully supported)positions— SET
One (1) Deputy Sheriff(unsupported) position—Task Force
Two (2) Deputy Sheriff(fully supported)positions—Quail Valley Patrol
One (1) Deputy Sheriff(fully supported) position—Motor Officer
Two (2) Deputy Sheriff(fully supported)positions—Traffic Team
Four (4) Community Service Officer II positions
One (1) Community Service Officer I position
As of July 1, 2014, or thereafter, the Sheriffs Department shall provide the following level
of service:
Average Patrol Services
110 supported hours per day. (Approximate equivalent of twenty-three (23) Deputy Sheriff
positions @ 1,780 annual productive hours per position)
Dedicated Positions
Four (4)Deputy Sheriff(fully supported) positions— SET
One (1)Deputy Sheriff(unsupported) position—Task Force
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Two (2) Deputy Sheriff(fully supported)positions —Quail Valley Patrol
Two (2) Deputy Sheriff(fully supported) positions—Motor Officer
Two (2) Deputy Sheriff(fully supported)positions —Traffic Team
Five (5) Community Service Officer II positions
As of January 1, 2015, or thereafter, the Sheriffs Department shall provide the following
level of service:
Average Patrol Services
120 supported hours per day. (Approximate equivalent of twenty-five (25) Deputy Sheriff
positions @ 1,780 annual productive hours per position)
Dedicated Positions
Four(4) Deputy Sheriff(fully supported)positions— SET
One (1)Deputy Sheriff(unsupported) position—Task Force
Two (2) Deputy Sheriff(fully supported)positions—Quail Valley Patrol
Two (2) Deputy Sheriff(fully supported) positions—Motor Officer
Two (2) Deputy Sheriff(fully supported) positions—Traffic Team
Five (5) Community Service Officer II positions
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