The URL can be used to link to this page

Home My WebLink About4.4 Amend Police Services Contract CITY OF DUBLIN 06 — q ) AGENDA STATEMENT v CITY COUNCIL MEETING DATE: July 14, 1986 SUBJECT Amended Police Services Agreement EXHIBITS ATTACHED Agreement RECOMMENDATION Authorize the Mayor to execute the agreement FINANCIAL STATEMENT: Sufficient funds are available in the 1986-87 Budget DESCRIPTION At the regular City Council meeting on April 24 , 1986 , the City Council reviewed a report which evaluated the Police Services which are provided by the Alameda County Sheriff ' s Department. The Council approved a three-year agreement for continued police services . Subsequent to that action, several events affecting the agreement have transpired. The Sheriff ' s Department has undertaken a review of the services performed off-site . As a result of more tasks being performed at Dublin Police Services Offices rather than Eden Township Substation, the total was reduced from 1 .10 to . 55 (full-time equivalent ) . These staffing levels are designated in Exhibit A of the agreement . Also, the designation of the rank of the on-site commander has been eliminated from the Exhibit . This will allow flexibility and avoid the need to amend agreement should their be a change in the rank of the on-site commander. The agreement contains provisions for City input on the assignment of the on-site commander. In addition to the changes to Exhibit A, minor wording changes were made to assure that the Recitals matched the description of services to be performed within the agreement . The agreement contains a reciprocal hold harmless clause for both the County and the City. The County Counsel has recommended a change to the Government Code section which is referenced in the liability section. Staff recommends that the City Council approve the agreement which will replace the contract approved on April 24 , 1986 . ---------------------------------------------------------------------------- COPIES TO: ITEM NO. ,. A G R E E M E N T ENFORCEMENT OF STATE LAWS AND CITY ORDINANCES THIS AGREEMENT, made and entered into this 1st day of July, 1986, by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the CITY OF DUBLIN, hereinafter referred to as "CITY"; RECITALS: (a) The CITY was incorporated on February 1 , 1982, and has requested that the Sheriff of 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, 1989. (b) The CITY is desirous of contracting with the COUNTY for the enforcement by the Sheriff of CITY police ordinances within the area of the CITY until June 30, 1989. (c) The CITY and COUNTY may review annually, in May of each year, the level of service provided within the CITY and mutually agree on appropriate adjustments. (d) 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 May 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 FULLOWS: I. SERVICES TO BE PERFORMED (a) The COUNTY agrees, through the Sheriff of the COUNTY of Alameda, to enforce CITY police ordinances and State laws within the corporate limits of CITY to the extent and in the manner hereinafter set forth. -2- The enforcement of such municipal police ordinances shall be in connection with, and as an incident to, the performance of the Sheriff's 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 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 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. In no case shall the level of service provided be less than that which is provided to the unincorporated area. 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 whi�.h requires additional personnel , the COUNTY shall make every effort to provide said personnel within ninety (90) days. If the assignment will be delayed, the COUNTY shall notify the CITY of the anticipated date in which the additional personnel will be assigned. Said notice shall also indicate the reasons why a delay is encountered. The CITY may request to meet with the Sheriff or his designated representative to provide input on the selection of the On-Site Commander. The input shall focus on the type of background, experience and other factors which are pertinent to the provision of services pursuant to this contract. The actual selection and assignment shall . be at the sole discretion of the Sheriff. -3- The rendition of such service, 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 of the COUNTY shall be final and conclusive as between the parties hereto. Services performed hereunder shall not include the supplying of crossing guards. (b) To facilitate the performance of said functions, 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 said functions, 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. (d) Whenever the COUNTY and CITY mutually agree as to the necessity for any such COUNTY officer or department to maintain administrative 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, 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. -4- IN It is expressly understood that in the event a local administrative office is maintained in the CITY for any such COUNTY officer or department, such quarters may be used by the COUNTY officer or department 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 any 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 City of Dublin. (This paragraph is not operative under mutual aid response. ) The COUNTY agrees to provide four (4) unmarked vehicles — equipped with police communications and safety equipment. The age and condition of the cars shall be comparable to vehicles used for similar duties in the unincorporated area of the COUNTY. The CITY shall pay to the COUNTY a monthly lease cost which is established 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. °ihe CITY shall have the ability to terminate the lease of the vehicles during the term of this agreement, provided that the CITY notifies the COUNTY in writing no later than April 1st. 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. -5- (g) The COUNTY will continue to provide training related to the provision of municipal police services to personnel assigned to Dublin. II. LIABILITY (a) All persons employed in the performance of such services and functions for CITY shall be COUNTY employees, and no CITY employee as such shall be taken over by COUNTY 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 any COUNTY personnel performing services hereunder for CITY, or any liability other than that provided for in this agreement. + Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. (c) The CITY will assume liability and pay 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 the performance of this agreement. In addition, when liability arises y 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 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. -6- (d) The COUNTY will assume liability and pay 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 Setion 830, et seq. , of the Government Code, by reason of a dangerous condition of public property of the COUNTY, the COUNTY shall assume liability and pay 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, whether or not arising in the performance of an agreement between the parties hereto. III. INSURANCE Whatever insurance agreement between CITY and COUNTY 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. (b) The COUNTY shall deliver to CITY within thirty (30) days after the close of each calendar month an itemized invoice which covers the actual costs of all services performed during said month, and CITY shall pay COUNTY therefore within thirty (30) days after date of said invoice. If such payment is not received by COUNTY at the office which is described on said invoice within thirty (30) days after the date of -7- delivery 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. TERMINATION This contract shall have an effective date of July 1 , 1986, and shall run for a period of three (3) years ending June 30, 1989. This contract may be modified at any time by mutual written consent or terminated upon six (6) months prior written notice by either party. • -8- ATTEST: CITY OF DUBLIN By: By: City Clerk Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors _ By: By: Deputy Chairman, Board of Supervisors APPROVED AS TO FORM: Richard J. Moore County Counsel By: �� Z-- Deputy DR:lph 8814c-0105c DUBLIN POLICE SERVICES ORGANIZATIONAL/STAFFING CHART ASSISTANT SHERIFF 8 . 08% t i ON-SITE COMMANDER (A) PATROL DRUG ENFORCEMENT JUVENILE INVESTIGATIONS RECORD KEEPING CRIME PREVENTION (B) (C) (D) (E) (F) (G) SERVICE SECTION X (Off-Site) H . 05 Supervising Clerk H .50 Data Input Clerk H A. Full-Time On-Site Commander B. 4 Patrol Sergeants, 13 Officers C. 1 Detective/Sergeant D. . 5 Detective/Sergeant NOTE: ------- denotes assigned personnel E. 2 Detective/Sergeants who perform services from F. 2 Specialist Clerks off-site locations. G. . 5 Detective/Sergeant