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HomeMy WebLinkAboutReso 95-05 LawEnforcementSvcs RESOLUTION NO. 95 - 05 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 commencing July 1, 2000; and WIIEREAS, the current agreement will expire on June 30, 2005; 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 A attached hereto and by reference made a part hereof. BE IT FUR TIlER 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, 2005. AYES: Councilmembers Hildenbrand, McConnick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None Aá· KIUù..~' - -_ Deputy City Clerk O:\CC-MTliS\2005-< h1\Jun\06-2o-05 BW8ct'=o 95-05 police...", """"act.doc (Itan 8.6) t'1J I'Y AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN REGARDING THE ENFORCEMENT OF STATE LAWS AND CITY ORDINANCES IN THE CITY OF DUBLIN THIS AGREEMENT ("the Agreement") is made and entered into this first day of July 2005 by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY," and the CITY OF DUBLIN, hereinafter referred to as "CITY." CITY and COUNTY are from time to time referrcd to individually as a "Party" and collectively as the "Parties." RECITALS A. Thc Parties are parties to that certain "Agreement [for] Enforcement of State Law and City Ordinances," dated July 1, 2000, and cxpiring on June 30, 2005, under which the COUNTY, through its Sheriffs Offíce (the Alameda County Sheriffs Office, "ACSO") contracts to enforce State laws and CITY ordinances within the City of Dublin. B. The CITY is desirous of once again contracting with the COUNTY for the enforcement by ACSO of Slatc laws and CITY ordinances within the CITY until June 30,2010, and the COUNTY is willing to provide such services, pursuant to the terms and conditions set forth herein. C. The CITY and COUNTY dcsire, during the term of the Agrcement, to review annually, prior to February 15 of each year, the level of service provided under the agreemcnt and associated costs and mutually agree on appropriate adjustments. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SERVICES TO BE PERFORMED A. ENFORCEMENT OF STATE LAW AND CITY ORDINANCES. The COUNTY agrccs, through the Sheriff of the COUNTY of Alameda, to enforce CITY ordinances and state laws within the corporate limits of CITY to the extent and in the manner hereinafter set forth. Scrvices performed hereunder shall not include the supplying of crossing guards. B. BASIC LEVEL OF SERVICE. The basic level of service, in terms of organizational structure and number of personnel, shall be as shown on the organization chart attached hereto as Ex.hibit A and made a part hereof by this referencc. C. ANNUAL REVIEW OF LEVEL OF SERVICE. Prior to February 15 of each ycar, the City Manager and ACSO representatives shall review whether thc basic level of services set forth in Exhibit A is adequate tor the City's nceds for the coming fiscal year. Upon completion of such review, and no latcr than May 15 of said year, thc City Manager may propose modifications to the basic level of services, which shan take EXHIAIT 1 ?~ V the form of an amendment to Exhibit A and which shall become effective on July I of said year, provided that both the Sheriff and City Council, through the adoption of the City's budget, approve the amendment to Exhibit A. The Sheriff shall approve the amendment unless he determines that it would be detrimental to the provision of adequate police enforcement in the City. D. OTHER REQUESTS FOR MODIFICATIONS TO LEVEL OF SERVICE. The City Manager may at any time request modilkations in the basic service levels set forth in Exhibit A, which the Sheriff shall approve unless he determines that it would be detrimental to the provision of adequate police enforcement in the CITY. If a modification to Exhibit A would require COUNTY to provide additiona] personnel, the COUNTY shall make every effort to provide such personnel within ninety days of the effective date of the modification to Exhibit A. If the COUNTY wiJI be unable to provide such additional personnel within the 90 day period, COUNTY shall notify the CITY of the anticipated date such personnel will be assigned, which date shall not be later than 150 days after the effective date of the modification to Exhibit A. If a modification to Exhibit A would require COUNTY to reduce the number of personnel assigned to the CITY, the CITY shall provide the COUNTY with ninety (90) days' notice prior to a proposed reduction in uniformed personnel and with ten (10) days' notice prior to a proposed reduction in non-uniformed personnel." E. SELECTION OF CHIEF OF POLICE. Upon request by the CITY, the Sheriff or his designated representative shall meet with the City Manager who may provide input on the selection of the Chief of Po1ice. 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 .Chief of Police 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. F. SUPERVISION. The Sheriff shall have the responsibility for supervision of law enforcement services, hiring of personnel, establishing employee standards of perfomlance for individual personnel, assignment of personnel, determining and cffeeting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of employee services and control of personnel. In the event of a dispute between the parties as to the manner of performance by personnel of required servkes, the CITY shall be consulted and a mutual determination thercof shall bc made by the Sheriff and the City Manager. In recognition of the Sheriffs professional expertise in the area of law enforcement, it is agreed that, in any lmresolved dispute related to personnel, the Sheriff shall have the final and conclusive detemlination as bctween the parties. G. CITY COOPERATION. 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. ¿fflb rJ-- H. PROVISION OF LABOR, SUPPLIES, AND EQUIPMENT. 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, or pursuant to the terms of this Agreement shall, furnish and supply certain supplies and equipment, such as but not limited to vehicles, office furnishings, and equipmcnt. Notwithstanding anything to the contrary herein, and unless otherwise agreed to by the Parties, the Party providing such supplies and equipment shall be the owner of such supplies and equipmcnt. 1. CITY-SUPPLIED ADMINISTRATIVE HEADQUARTERS. The partics have determined that it is necessary for the Sheriff to maintain administrative headquarters in the CITY, in order for the Sheriff to provide adequate services to the CITY pursuant to this Agreement. 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 necessary for the Sheriff to maintain the administrative headquarters in the CITY. In all instanccs where special supplies, stationary, notices, forms and the like must be issued in the name of the CITY, the same shall be supplied hy the CITY at its expense. It is expressly understood that the COUNTY will operate a short-term detention facility located in the CITY, in accordance with all applicable laws. The facility shall bc used to temporarily hold persons arrested by Dublin Police Services until cited, released, or transported to another facility. It is expressly understood that the Sheriff may use the administrative hcadquarters supplied by the CITY in connection with the performance of his duties in territory outside of the CITY and adjacent thercto; provided, however, that the performance of such outside duties shan 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. ) J. COUNTY-SUPPLIED VEHICLES. The COUNTY agrees to providc 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. The CITY shall pay to the COUNTY a monthly lease cost for such vehicles, which shall be established by the COUNTY on an alillual basis. Also, there shall bc an additional charge to and payment by CITY 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 the vehicles during the term of this Agreement, provided that the CITY provides 90 days' notice to the COUNTY K. REPLACEMENT OF PERSONNEL. The COUNTY agrees to replace police or civilian personnel assigned to the CITY who have been abscnt from duty for more than ten (10) consecutive working days as a result of illness or injury. Replacement shall occur at the end ofthc tcn (10) day period during which the employee was absent. (:;..~,. /1- ~'r.) In the event of absences due to the use of vacation leave, compensatory time off, retirement, or other excused ahsence, the COUNTY also agrecs 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. 1. TRAINING. The COUNTY will provide aU necessary training for its persOfmel to provide police services pursuant to this Agreement. II. LIABILITY A. PERSONNEL ARE COUNTY EMPLOYEES. AU persons employed in the performance of the services and functions for CITY pursuant to this Agreement shall be and shall rcmain COUNTY employees, and no person hereunder shall have any CITY pension, civil service, or other status or right. Thc COUNTY is not a mcmbcr of the California Public Employees Retirement System ("PERS"), and therefore the COUNTY employees providing services under this Agreement are not enrolled in PERS. Instead, COUNTY employees providing services under this Agreement are enroUed in the COUNTY's retirement system. The CITY indirectly makes contributions to the COUNTY's retirement system on behalf of the COUNTY employees providing services pursuant to this agreement by virtue of its obligation undcr scction UI.A of this Agrecment to pay the COUNTY'S actual costs of providing services, as shown in Exhibit B. The CITY is a member of PERS, and its employees are enroUed in PERS. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinancc to the contrary, COUNTY agrees that employees providing services under this Agreement shall not qualify for or become entitled to, and hercby agree to waive on behalf of such employees any and all claims to, any compensation, bencfit, or any incident of employment by CITY, including but not limitcd to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits. B. CITY NOT LIABLE FOR COMPENSATING COUNTY EMPLOYEES. CITY shall not be liable for any liability for the direct paymcnt of any salary, wages, or other compensation to COUNTY personnel perJbrming services hereunderfbr CITY, or any liability other than that provided in this Agreement. CITY shall not be directly liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment, except as part of CITY'S payment of indirect costs and Risk Management costs to COUNTY. C. CITY'S DUTY TO INDEMNIFY COUNTY. 111e CITY will assume liability and pay the cost of defense and hold the COUNTY hannless from loss, costs, or expenses arising out of or resulting from performance of this Agreement including negligent or wrongful acts or omissions of CITY oil1cers, agents, and employees. In addition, when liability arises pursuant to Section 830, et seq., of the Governmcnt Code, by rcason 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, ¡,~H) It.- (-' (. 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. COUNTY'S DUTY TO INDEMNIFY CITY. The COUNTY will assume liability aod pay the cost of defense and hold the CITY harmless trom loss, costs, or expenses arising out of or resulting Irom performance of this Agreement including negligent or wrongful acts or omissions of COUNTY officers, agents, and employees. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of pLlblie property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs, or expcnses 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. In the event that any COUNTY employee providing services under this Agreement is determined by a court of competent jurisdiction or PERS to be eligible for enrollment in PERS as an employee of CITY, COUNTY shall indemnify, defend, aod hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of COUNTY employees, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY. E. INSURANCE. The CITY acknowledges that the COUNTY is a self- insured entity and that it reqLlires its individual departments to contribute a speci fled an10unt annLtally for the costs of maintaioing self-insurance. COUNTY's self insurance currently provides, and the COUNTY agrees to continue to provide, the following self- insurance coverage: workers' compensation as required by law, genera] commercial and automobile liability, and professional liability. The scope, limits, and forms of the County's self-insurance coverage are as set forth in the certificates of self-insurance attached hereto as Exhibit C. COUNTY agrees to provide CITY with written notification of any changes in coverage applicable to this Agreement and shall do so within thirty (30) days of the change or within ten (10) days in the event the change results in the termination of eoverage(s) applicable to this Agreemeot. In the event COUNTY determines that it is unable to maintain the insurance coverage at thc scope, limits, and forms set forth in Exhibit C, the COUNTY shall confer with the CITY, and if the CITY determines that the coverages are inadequate, the CITY shall have the right to inunediately termioate this Agreement. 111. COST AND BILLING PROCEDURES A. CITY TO PAY COUNTY ITS ACTUAL COSTS OF SERVICES. CITY shall pay the COUNTY'S actual cost of providiog services under this Agreement. The COUNTY'S actual costs of services may include an indirect charge to cover that portioo of the COUNTY'S indirect or overhead costs that are atlributablc to the provision of services pursuaot to this Agreement. The indirect charge shall be a percentage of all the ~-1 ifb \ 7.-- COUNTY'S actual cost of providing services under this Agreement, but shall not apply to the Risk Management Cost Allocation (currently appropriated as an Internal Service Fund). The Sheriff shall maintain his discretion on an annual basis to waive or not the indirect charges for dispatch services. The indirect charge percentage shall be as follows during the term of this Agreement: 8.00% in FY 2005-06, 8.25% in FY 2006-07, 8.50% in FY 2007-08,8.75% in FY 2008-09, and 9.00% in FY 2009-10. B. ANNUAL BUDGET. For the purposes of allowing the CITY to budget for the costs of services under this Agreement, the SheritT or his designated representative shal1 prepare and submit to the City Manager a budget fix the succeeding fiscal year that estimates the COUNTY's actual costs of providing serviccs under this Agreement, including the indirect charges. The budget shall be submitted in the general form set forth in Exhibit B and in accordance with CITY's budget instructions and required dcadlines. C. BILLING AND PAYMENT. The COUNTY shall deliver to CITY within thirty (30) days after the close of each quarter an itemized invoice that 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. CITY aeknowledges that the fourth quarter bill of each year may be unable to reflect the final and complete actual costs of that fourth quarter and that the final and complete actual costs will be included as an adjustment with the first quarter bill of the next fiscal year. If such payment is not received by COUNTY at the 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 (I %) per calendar month or any portion thereof calculated from the last day of the month in which the services were pcrformed. D. BILLTNG DISPUTES. In the event that the City disputes any portion of the quarterly invoice submitted by COUNTY pursuant to section III.C, the Sheriff shall meet with the City Manager, and the Sheriff and the City Manager shal1 attempt to resolve the dispute. If the dispute is not resolved to the satisfaction of the CITY or COUNTY, either party may seek any available legal or equitable remedies. IV. FINES & FORFEITURES The distribution of fines and forfcitures under Section 1463 et. seq. of the Penal Code shall be made to the CITY. v. COMPLIANCE WITH APPLICABLE LAWS In pcrforming the services to be provided pursuant to this Agreement, COUNTY and CITY shall comply with all applicable state and federal laws and regulations, including but not limited to laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. ~~b'Þ VI. 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 Agreemcnt on behalf of and for the benefit of CITY, 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 distribukd pursuant to the provisions of Health and Safety Code Section 11489. VII. EFFECTIVE DATE: TERM: TERMINATION This Agreement shall have an effective date of July 1,2005, and shall run for a period of five (5) years ending June 30, 20 I O. The Agreement may be supplementcd, amcnded or modified at any time by mutual written consent by authorized representatives of both parties or terminated upon six (6) months prior written notice by either party. For the purposes of this paragraph rcgarding amendments or termination, the Sheriff is the COUNTY'S authorized representative. Notwithstanding the foregoing, this Agreement shall be extended from month 10 month following June 30, 2010 (for a period not to exceed six months) under the terms of the Agreement in existence on that date, ifncither party has provided notice to the other party of its intent to temlinate this Agreement on June 30, 20 I O. EXECUTION PAGE FOLLOWS COUNTY OF ALAMEDA By: Keith Carson President, Board of Supervisors Date: By: Charles C. Plummer Sheriff-Coroner Date: APPROVED AS TO FORM: Richard E. Winnie, County Counsel By: Deputy Beth Kilian, Alameda County Risk Manager By:_,,~ CITY OF DUBLIN By:__ t1~b'z.- Mayor Date: APPROVED AS TO FORM: City Attorney By: ...,., ~ u" ~t ... '" :::;-= ~u ...,.,~ ~ = uS - '" ,..;¡ ... 0""" =.,'1:: Z '" _l:: ..;¡ = = Uo ~ Q ~ 1: " .c r.J'j.,e. _ 0' =0 ß- .~ '" .:;: I '- ~ ( 1:; " "O~~ = '" " CQ' ._ -0 5 õ C Si 0. '" 0'" E U 0 E Q.i ":i;¡ 0 _._ u 00 I " ~ o '-- ) I ;., ... ..~ ~~ ¡: ~ CIJ " " "'''' ';;, :c¡- u~ '- ('" = o '" " .. -~ '" - " " ~ ê .E .E=! r-'C~ o .- ;=,...:¡ e ' :;~ .: Si "" \-< , "'" '" " " '" .~ [ì - - " " .. " ~:J 0' ~ ~ ~ a~~ Q 1= ? -.. ~ ... œ ~-B if Jo] ~ ~ ' Q ,,_ I .. ~'" ~ r , J " .:: - .. ..~~ ..., _ aJ ;; :;¡ .:-: " ,,- ¡:; ep Ë - " " ",CIJ Q .5=: I I õ:=-- ~ ~ " z '" .. :!j '= ... o !' C " '" " ¡:o: r :?~ " ~ ë æ 8 .::: e"J~ ",,0 0."'1 , .,., ..,.", ~~ .. " .¡; .; ...~ ~ ~ o oJ¡ ':.::i ~ E'" ;; , .- - .= '-" E 'C -< J '-- I = o ._~ ='e~ ~ ~ ~ t e.fJ~ 0. 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OJ) .- - ..... .g .a u 5 1 ~ o = '" ., ~ \b"b ,z,- County of Alameda Risk Management Unit 106 Madison Street, Suite 233 Oakland, CA 94607 (510) 2n6920 City of Dublin Dublin, CA EXHIBIT C CERTIFICATE OF SELF·INSURANCE This is to certify that the County of Alameda is self-insured for the following coverages: T es of Covera e Self-Insured Limits $1,000,000 per occurrence Public Liability Personal injury. bodily injury, property damage, employment, environmental, rrors and omissions Automobile Liability: Vehicles owned. non-owned, hired $1,000,000 per occurrence Statuto Limits Special Terms and Conditions It should be expressly understood that the intent of the insurance evidenced herein follows the provisions of the policies and regulations of the County of Alameda. That it does not permit any assumption of liability, which does not result from and that is not caused by the negligent acts or omissions of its officers, agents, employees or other persons under its direction and control. 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