2017-19 Riverside County Sheriff's Department - Law Enforcement ServicesAGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF LA QUINTA
AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT is made and entered into by and between the CITY OF LA
QUINTA, a Charter 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 July 1, 2017 through
June 30, 2019.
1.2 Renewal. In the event City desires to terminate this Agreement at the end of
any' current two (2) 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 two (2) 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 Sheriff's
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 Criminal Codes and all pertinent City criminal codes
and ordinances. Services shall also include traffic enforcement and related services to the
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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.
2.2B 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
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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 7.4
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. Variation 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
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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 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 Sheriff's 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 functions.
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
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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 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 m 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 person 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.
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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 -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 m 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 Sheriff's Department at County -owned or leased facilities. Costs are prorated according
to the facility's square footage occupied by a Sheriffs 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 Sheriff's decision to move Contract or unincorporated County Patrol positions from
the Station.
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7.4 Payment of Costs. County, through the Sheriff's 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.
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
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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, based or asserted upon any act or omission of County,
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. County shall 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.
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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
Stan L. Sniff, Sheriff
Riverside Station
Post Office Box 512
Riverside, California 92502
City of LA QUINTA
78495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
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, 1st Floor
Riverside, California 92501
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 Sheriff's
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.
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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.
IN WITNESS WHEREOF, the City of La Quinta, 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.
Dated:
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
By: 4/iitiAA' /41014 -
SEP 262017
Dated:
ATTEST:
Kecia Harper-Ihem
Clerk of the Board
eputy
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CITY OF LA QUINTA
By:
Linda Evans, Mayor
COUNTY OF RIVERSID
FORM jr's EDC•• 11�ij
BY:
THOMAS OH
COUN EL
51/
DATE
ATTACHMENT A
CITY OF LA QUINTA
LEVEL OF SERVICE
Average Patrol Services
135 supported hours per day. (Equivalent of 27.7 Deputy Sheriff positions @
1,780 annual productive hours per position.)
Dedicated Positions
One (1) Sheriffs Lieutenant position
Two (2) Sheriffs Sergeant positions
Seven (7) Deputy Sheriff (fully supported) positions - Target Team
Four (4) Deputy Sheriff (fully supported) positions - Motor Officers
One (1) Deputy Sheriff (unsupported) position — Violent Crime Gang Task Force
One (1) Deputy Sheriff (unsupported) position — Coachella Valley Narcotics Task Force
Six (6) Community Service Officer II positions
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