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CC Resolution 1982-067'[ RESOLUTION NO.82-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR LAW ENFORCEMENT SE?VICES. BE IT RESOLVED by the City Council of the City of La Quinta, California, to approve an Agreement for Law Enforce?ent Services between the County of Riverside and the City of La Quinta, and to authorize the Mayor to execute the Agreement on behalf of the City of La Quinta. APPROVED and ADOPTED this 7th day of Deceinber 1982. MAYO ATTEST: 3?JL? C??Y RK APPROVED AS TO FORM: APPROVED AS TO CONTENT: yj?j RNE'Y? TY A CITY MAN?GER BIB] 04-24-1996-U01 09:38:00AM-U01 CCRES-U02 82-U02 67-U02 '[ 1 AGREEMENT FOR LA? ENFORCEMENT SERVICES B?TWEEN COUNTY OF RIVERSIDE AND CITY OF QUINTA 2 3 4 This AGREEMENT, rnade and entered into on 1982, by and between the COUNTY 0? RIVERSIDE, hereinafter referred t 5 as the Ounty", and the CITY OF LA QUINTA, hereinafter referred to as the City", 6 WITNESSETH: 7 WHEREAS1 the CITY OF LA QUINTA is desirous of contracting 8 with the County for the performance of City's responsibility or law law enforcement functions witrin the City's boundaries of the County 9 of Riverside through the Sheriff thereof; and 1.0 WHEREAS, the County is agreeable to rendering such services on the terms and conditions hereinafter set forth; now, therefore, 11 IT IS AGREED as follows: 12 1. The County agrees,through the Sheriff thereof, to pro- 15 vide municipal police protection within the corporate limits of the City to the extent and in the manner hereinafter set forth. 2. The minimum level of service which will be provided 15 shall be that customarily performed by an independent municipal police force of the size and during the hour? provided in this 16 Agreement. 17 The services shall encompass duties and functions of the type coming within the jurisdiction of and customarily rendered 18 by said Sheriff under the statutes of the State. 19 Such services shall include the enforcement of State statutes and such municipal police ordinances of the City as are of 20 the same type or nature as ordinances of the County which are en- forced by the Sheriff. Services shall also include traffic enforce- 21 ment and accident investigation and related fields to the extent of the capability of the size of the force provided in this Agreement. 22 3. City may from time to tim. e, upon giving of not less 25 than thirty 30) days written notice to the Sheriff and cQtnplying with the applicable provision.? of this Agreement, vary the level of 24 services provided herein. 25 4. The rendition of such services, the standards of per- formance, the discipline of officers, and other matters incident to 28 the performance of such services and the control of personnel so employed, shall remain in the County. In event of dispute between 27 the parties as to the extent of the duties and functions to be rendered hereunder, or the minim?m level or manner of performance 28 of such services, the determination thereof made by the Sheriff of GRALD J. GEERUNGS COU?SEL SUrTE 300 1UTK STRE?T CAUFOR?A 1 BIB] 04-24-1996-U01 09:38:00AM-U01 CCRES-U02 82-U02 67-U02 '[ 1 the County Shall be final and conclusive as between the parties hereto. 2 5. For the purpose of performing said functions, County 5 shall furnish and Supply all necessary labor, supervision1 equip- ment, communication facilities, and supplies necessary to maintain 4 the level of services to be rendered hereunder. 5 When and if both parties hereto concur as to the ne- cessity of maintaining a law enforcement headquarters within said 6 City which would no? normally be provided by the Sheriff, the City shall furnish at its own Cost and e?pense all necessary office space, 7 furniture and furnishings, office supplies, janitor Service, tele- phone, light, Water, and other utilities. It is expressly under- 8 stood that in the event such local office is maintained in said City and adjacent thereto; provided that the performanCe of such 9 outside duties shall not be at any additional cost to the City. 10 is agreed Notwithstanding anything hereinbefore contained, it that in all instances where special supplies, stationery, 11 notices, forms, and the like must be issued in the name of Said City, the same shall be supplied by the City at its own cost and expense. 12 6. All persons employed in the performance of such ser- 15 vices and functions pursuant to this Agreement for the City shall be County employees, and no City employee as such shall be taken 14 Qver by the said County, and no person employed hereunder shall have any City pension, civil service, or any Status or right with 15 the City. 16 For the purpose of performing services and functions pursuant to this Agreement and only for the purpose of giving of- 17 ficial Status to the performance thereof, every County officer and employee engaged in performing such services and functions shall 18 be deemed to be an officer or employee of said City while perform- ing services for said City, which Services are within the scope of 19 this Agreement and are a municipal function. 20 7. City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation 21 to any County employee performing services hereunder for the City, r any liability other than that provided for in this Agreement. 22 Except as herein otherwise specified, the City shall not 23 e liable for Compensation or indemnity to any County employee for *njury or sickness arising out of his employ?ent. 24 Neither party, its of ficers, agents or employees, shall 25 ave any liability for intentional or negligent acts or omissions f the other party, or of any officer, agent or employee thereof. 26 8. This Agreement shall be effective on January 1, 1983, 27 nd shall run for a period of five 5) years thereafter unless ooner terminated as provided herein. At the Option of the City 28 olincil of said City, with the consent of the Board of Supervisors GERALD J. GEERUNG? COUNTV COU?S?t 353?- STR?E? IV??DE CALL?ORNiA 2 BIB] 04-24-1996-U01 09:38:00AM-U01 CCRES-U02 82-U02 67-U02 '[ 1 of said Coun'ty, this Agreenent shall be renewable for successive periods of not to exceed five 5) years each. 2 In the event City desires to renew this Agree?ent for 5 any succeeding five 5) year period, the City Council, not later than June 30 next preceding the expiration date of this Agreement, 4 shall notify the Board of Supervisors that it wi?hes to rene? the s?me, whereupon the oard of Supervisors, not later than the last 5 day of July, shall notify said City Council in writing of its acceptance of such renewal for an additional five 5) year period. 6 Notwithstanding the provisions of this paragraph here- 7 inbefore set forth, either party may terminate this Agreement as of the beginning of the first day of July of any year upon notice in 8 writing to the other party of not less than two 2) calendar months prior thereto. 9 Notwithstanding any provision herein to the contrary, 10 the City may terminate this Agreement Upon notice in writing to the County given within sixty 60) days of receipt of written notice by 11 the County of any increase in the basic law enforcement service rate then in effect, and in such an event this Agreement shall terminate 12 at the beginning of the first day of the calendar month which is not less than sixty 60) calendar days from the date of the City's notice 13 to the County aforementioned. In the event of any termination pur- suant to the terms of this Agreement, the obligations for payment 14 shall be prorated and paid or refunded accordingly. 9... The basic law enforcement services by the County in- cludes general law and traffic enforcement and accident inve?tiqa 16 tion. The level of service service hours) is to be 24 service hours per day, 7 days per week for law enforcement services. 17 10. City shall pay for the law enforcement services herein, 18 the amount per hour as established by the County Auditor-Controller, which amount includes all items of cost and expense to the County 19 for providing the services herein. The cost of such services does not include the minimum level of services normally rendered by the 20 Sheriff in Cities under his countywide responsibilities. 21 The basic law enforcement cost herein shall be read- justed by the County Auditor-Controller periodically, but not more 22 than once a year, to reflect a total increase or decrease in the contract rate equal in percentage to the increase or decrease in 25 the cost to the County, including salaries, of the services fur- nished hereunder. City shall be notified by the Auditor-Controller 24 of the new rate established by him promptly after adoption by County of the change and said new rate shall take effect on the 25 same date as County changes. 26 11. The cost of services pursuant to this Agreement shall include the salaries of employees engaged in perforrnin9 said ser- 27 vices, a pro rata share of vacation and sick leave, supervision of such employees while so employed, the County etirement and Social 28 Security contribution and Workers' Compensation costs, traveling J. GE?RUNGS COUNTV COUN5?? surrE 30D 10Th STFEET tVER SIDE. CAUPORNIA 3 BIB] 04-24-1996-U01 09:38:00AM-U01 CCRES-U02 82-U02 67-U02 '[ 1 exPenses, supplies, and a pro rata share of all iridirect expenses. Costs as used herein shall not include items of expense attribu- 2 table to services or facilities normally provided or available to all cities within the County as parb of the County's obligation to 3 enfor?e State law. 4 12. Each County officer or department performing any service hereunder shall render to said City at the close of each 5 calendar quarter an iternized statement coveriflq all services per- formed during said quarter, a?d said City shall pay County there- 6 for within twenty 20) days after receipt of such statement. If such payment is not received by the County within thirty 30) days 7 after rendition of billing, County may Satisfy the resulting in- debtedness of City from any funds of the City on deposit with the 8 County without giving further notice to the City of County's inten- tion to do so, or may use any other remedy provided by law. 9 13. This Agreement contains the entirety of the Agreement 10 for law enforcement services between the parties hereto. 11 IN WITNESS WHEREOF, the CITY OF LA QUINTA by Resolution duly adopted by its City Council, has caused this Agreement to be 12 signed by its City Manager and attested and sealed by its Clerk, and the COUNTY OF' RIVERSIDE, by order of its Board of Supervisors, 15 has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of the Board, all on the j4 day and year first written above. 15 16 17 CI?Y OF LA QUINTA 18 19 By 20 Mayor???? 21 ATTEST: 22 25 By? A 24 City Crerk 25 26 Seal) 27 28 cou? SulT? lqfll STREET 1FVER? CA?FORNIA 4 BIB] 04-24-1996-U01 09:38:00AM-U01 CCRES-U02 82-U02 67-U02 '[ 1 COUNTY Ot? RIVERSIDE 2 5 By 4 Chainnan, Board of Supervisors 5 ATTEST: 6 GERALD A. LONEY Clerk of the Board 7 8 By Deputy 9 10 Seal) 11 12 13 14 15 16 17 18 19 20 21 22 25 24 25 26 if 27 /23/82 28 GEERU?GS COU? COU?SEL SUIT? 300 3635 IOms??? E?SiDE CALIfOR?IA BIB] 04-24-1996-U01 09:38:00AM-U01 CCRES-U02 82-U02 67-U02