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HomeMy WebLinkAboutReso 116-00 Police Svcs Agmt RESOLUTION NO. 116 - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR LAW ENFORCEMENT SERVICES WHEREAS, the County of Alameda and the City of Dublin entered into an agreement for Law Enforcement Services on July 1, 1995; and WHEREAS, the current agreement will expire on June 30, 2000; and WHEREAS, the City of Dublin wishes to continue contracting for Law Enforcement Services with the County of Alameda. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement by and between the City of Dublin and the County of Alameda for Law Enforcement Services as described in Exhibit 1 attached hereto and by reference made a part hereof. :- BE IT FURTHER RESOLVED that the Mayor be authorized to execute the agreement on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 20th day of June, 2000. AYES: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None m~ Mayor ATTESTd(~~f. d i y Clerk ' K2/G/6-20-00Ireso-police.doc (Item 8.2) .'~ . AGREEMENT ENFORCEMENT OF STATE LAWS AND CITY ORDINANCES ..",., THIS AGREEMENT, made and entered into this fIrst day of July 2000 by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY," and the CITY OF DUBLIN, hereinafter referred to as "CITY"; RECITALS 1. The CITY's current agreement with the COUNTY to provide Law Enforcement Services was entered into on July 1, 1995 and expires on 30, 2000. 2. The CITY has requested that the Sheriff on the COUNTY of Alameda continue to provide law enforcement services in the enforcement of State laws within the area of the CITY until June 30, 2005. 3. The CITY is desirous of contracting with the COUNTY for the enforcement by the Sheriff of CITY ordinances with the area of the CITY until June 30, 2005. 4. The CITY and COUNTY may review annually, in March of each year, the level of service within the CITY and mutually agree on appropriate adjustments. 5. The CITY and COUNTY agree that there shall be annual cost-of-living adjustments and operational cost increases. Annual cost-of-living adjustments shall include, but are not limited ....""" to, salary increases granted by the COUNTY. The COUNTY shall review and update,annually, in March of each year, the cost of providing services to the CITY and provide the CITY with projected cost adjustments. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SERVICES TO BE PERFORMED A. The COUNTY agrees, through the Sheriff of the COUNTY of Alameda, to enforce CITY ordinance and state laws within the corporate limits of CITY to the extent and in the manner hereinafter set forth. The enforcement of such CITY ordinances shall be in connection with, and as an incident to, the performance.ofthe Sheriffs law enforcement functions within the area of the CITY. The level of enforcement services shall be that same basic level of service as shown on the organization chart attached hereto as Exhibit A and made a part hereof by this reference. On an annual basis, the CITY shall review the desired level of enforcement services with Sheriff s Department representatives. Exhibit A shall reflect the number of personnel assigned ./ .~ EXHIBIT 1 ~ pursuant to the terms of this agreement. Exhibit A may be modifIed on an annual basis to reflect desired changes in the level of service. Such modifIcation shall be effective upon approval by City Council and COUNTY. The COUNTY shall strive to meet the requested level of service, provided that the request would not be detrimental to the provision of adequate police enforcement. When the CITY requests a modifIcation to Exhibit A which requires additional personnel, the COUNTY shall make every effort to provide said personnel within ninety (90) days. If the increase in personnel will be delayed, the COUNTY shall notify the CITY of the anticipated date beyond 90 days the additional personnel will be assigned. Said notice shall also indicate the reasons why a delay is encountered. The CITY may request a modifIcation to Exhibit A that requires a decrease in personnel. If personnel reduction occurs in accordance with the annual contract review, said reduction shall be effective July 1 of the affected Fiscal Year; however, CITY shall give the COUNTY a minimum of 30 days notice. If the City decides to reduce the number of uniformed personnel provided by County under.this Agreement, it shall provide County with atleast ninety (90) dates' notice ofthe intended reduction. If the City decides to reduce the number of non-uniformed personnel, it shall provide County with at least ten (10) days notice of the reduction in force. Upon request by the CITY, the Sheriff or his designated representative shall meet with CITY Manager who may provide input on the selection of the On-Site Commander. The input shall /.--. focus on the type of background, experience and other factors that are pertinent to the provision of services pursuant to this agreement. The selection and assignment of the On-site Commander shall be mutually agreed to by the City Manager and the Sheriff. In the event of a dispute, the fInal decision shall be at the sole discretion of the Sheriff. . The rendition of services pursuant to this agreement, 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 in the COUNTY. In the event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the level or manner of performance of such service, the determination thereof made by the Sheriff shall be fInal and conclusive as between the parties ~ereto. Services performed hereunder shall not include the supplying of crossing guards. B. To facilitate the performance of the services to be performed pursuant to the agreement, it is hereby agreed that the COUNTY shall have full cooperation and assistance from the CITY, its offIcers, agents, and employees. C. For the purpose of performing the services hereunder, COUNTY shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and-supplies necessary to maintain the level of service to be rendered hereunder. The CITY, in its sole discretion, may choose to furnish and supply certain supplies and equipment, such as but not limited to vehicles, office furnishings, and equipment. r- 2 D. Whenever the COUNTY and CITY mutually agree as to the necessity for the Sheriff to maintain admiriistrative headquarters in the CITY, CITY shall furnish at its own cost and expense all necessary offIce space, furniture, and furnishings, offIce supplies, janitorial"""" service, telephone, light and water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the CITY, the same shall be supplied by the CITY at its expense. It is expressly understood that the COUNTY shall operate a short-term detention facility located in the CITY, in accordance with all applicable laws. The facility shall be used to temporarily hold persons arrested by Dublin Police Services until cited, released, or transported to another facility. It is expressly understood that in the event of a local administrative office is maintained in the CITY for the Sheriff, such quarters may be used by the Sheriff in connection with, the performance of its duties in territory outside of the CITY and adjacent thereto; provided, however, that the performance of such outside duties shall not be at arlY additional cost to the CITY. The COUNTY shall reimburse the City for the cost of providing such facilities to the extent that such facilities are used for activities outside the ~ity of Dublin. (This paragraph is not operative under mutual aid response.) E. The COUNTY agrees. to provide three (3) unmarked vehicles equipped with police communications and safety equipment. The age and condition of the cars shall be comparable to vehicles used by the sheriff for similar duties in the unincorporated area of the COUNTY. '''wi The CITY shall pay to the COUNTY a monthly lease cost for such vehicles which is established by the COUNTY on an annual basis. Also, there shall be an additional charge for maintenance based on the number of miles of service the vehicle is used. The CITY shall have the ability to terminate the lease of !!Ie vehicles during the term of this agreement, provided that the CITY notifIes the COUNTY in writing no later than April 1. The lease shall be terminated on the 30th day of June following the notice, unless the two parties mutually agree to a different date. F. The COUNTY agrees to replace police or civilian personnel assigned to the CITY who have been absent from duty for more than ten (10) working days as a result of illness or injury. Replacement shall occur at the end of the ten (10) day period during which the employee was absent. In the event of absences due to the use of vacation leave, compensatory time off, retirement, or other excused absence, the COUNTY also agrees to replace police or civilian personnel when such an absence extends beyond twenty (20) consecutive working days. The replacement in such situations shall occur at the end of the twenty (20) day period in which the employee was absent. - 3 G. The COUNTY will provide training for its personnel related to the provision of municipal police services pursuant to this agreement. II. LIJ\13ILIlllr A. All persons employed in the performance of the services and functions for CITY pursuant to this agreement shall be and shall remain COUNTY employees, and no person hereunder shall have any CITY pension, civil service, or other status or right. B. CITY shall not be liable for any liability for the direct payment of any salary, wages, or other compensation to COUNTY personnel performing services hereunder for CITY, or any liability other than that provided in this agreement. CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. C. Thc CITY will assume liability and pay the cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents, and employees occurring in performance of this agreement. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall. assume liability and pay the cost of defense and hold the COUNTY harmless from loss, costs or expenses caused ,..-. by the negligent or wrongful act or omission of CITY offIcers, agents, and employees, whether or not arising in the performance of an agreement between the parties hereto. D, Thc COUNTY will assume liability and pay thc cost of defense and hold the CITY harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of COUNTY offIcers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of ~ dangerous condition of public property of the COUNTY, the COUNTY shall assume liability andpay cost of defense and hold the CITY harmless from loss, costs, or expenses caused -- by the negligent or wrongful act or omission of COUNllY offIcers, agents, and employees, whether or not arising in the performance of an agreement ~etween the parties hereto. III. INSURANCE Whatever insurance agreement between CITY and COUNlllr is in effect during the term of this contract shall apply hereto and is fully incorporated herein by reference. IV. COST AND BILLING PROCEDURES A. CITY shall pay for actual cost of services provided under this agreement at rates to be determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. The actual cost of service shall include an indirect charge applied against all service costs provided for in this agreement with the exception of dispatch services and the Risk Management Cost Allocation (currently appropriated as an Internal Service Fund). The 4 .. indirect charge is as follows: 6.70% in FY 2000-01, 6.93% in FY 2001-02, 7.17% in FY 2002- 03, 7.42% in FY 2003-04 and 7.68% in FY 2004-05. ......, B. The COUNTY shall deliver to CITY within thirty (30) days after the close of each quarter an itemized invoice which covers the actual costs of all services performed during said quarter, and CITY shall pay COUNTY therefore within thirty (30) days after the date of delivery of said invoice. If such payment is not received by COUNTY at thc offIce described on said invoice within thirty (30) days after the date of receipt of said invoice, COUNTY is entitled to recover interest thereof. Said interest shall be at the rate of one percent (1%) per calendar month or any portion thereof calculated from the last day of the month in which the services were performed. V. FINES & FORFEITURES The distribution of fInes and forfeitures urider Section 1463 et. seq. of the Penal Code. shall be made as though the Deputy Sheriffs performing under this contract were employees of the "City." VI. COMPLIANCE WITH APPLICABLE LA WS In performing the services to be provided pursuant to this Agreement, COUNTY shall comply with all applicable state and federal laws and regulations, including but not limited to laws and regulations relating to discrimination and law~ requiring injury and illness prevention programs. ......, VII. FORFEITED AND UNCLAIMED PROPERTY A. Any unclaimed property coming under the control _ of COUNTY personnel performing the services to be provided pursuant to this Agreement shall be disposed of pursuant to the provisions of Chapter 2.40 of the Dublin Municipal Code. B. When property described in Health and Safety Code Section 11470 is seized by COUNTY personnel performing the services to be provided pursuant to this agreement, COUNTY shall take such actions as are necessary to forfeit such property to CITY and where property is forfeited to CITY, the proceeds shall be distributed pursuant to the provisions of Health and Safety Code Section 11489. VIII. TERMINATION This agreement shall have an effective date of July 1, 2000, and shall run for a period of five (5) years ending June 30, 2005. The agreement may be modifIed at any time by mutual written consent or terminated upon six (6) months prior written notice by either party. ""-' 5 ATTEST: BY~~d ty Cler APPROVED AS TO FORM: By: ~~ -;I {~ City Attorney ATTEST: . Crystal K. Hishida Clerk of the Board of Supervisors By: Deputy r'. APPROVED AS TO FORM: Richard E. Winnie, County Counsel By: Deputy G:\RCA\Police agreement final.doc ,/- 6 By: By: CITY OF DUBLIN ~ COUNTY OF ALAMEDA President, Board of Supervisors. DUBLIN POLICE SERVICES CONTRACT STAFFING CHART EXHIBIT A Assistant Sheriff 10% On-Site Commander 1 Captain Administration 1 Lieutenant I ~ Patrol Services 5 Sergeants 19 Deputies ( Operations 1 Lieutenant Traffic Services 1 Sergeant 3 Deputies Crime Prevention I Sergeant I Deputy School Resource Officer (c Clerical Services I Secretary I I ShetiffTechnician 2 Specialist Clerks Narcotics Investigations I Sergeant I Deputy (