Item 11 - Agmt with the County and the San Diego County Sheriff for Municipal Law Enforcement Services

March 15, 2022, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

March 15, 2022
Honorable Mayor and Members of the City Council
Chris Hazeltine, City Manager
Wendy Kaserman, Assistant City Manager w~
(858) 668-4502, [email protected]
City of Povvay

CITY COUNCIL
Agreement with the County of San Diego and the San Diego County Sheriff for Municipal Law Enforcement Services
The City of Poway has contracted with the San Diego County Sheriffs Department for general law and traffic enforcement services since the City incorporated. Poway worked with the other eight contract law enforcement cities in the county (Del Mar, Encinitas, Imperial Beach, Lemon Grove, San Marcos, Santee, San Marcos, and Vista) during the fall of 2021 to negotiate a new five-year contract to take effect following the expiration of the existing contract on June 30, 2022. The contract cities have reached a tentative agreement with the County (the County Board of Supervisors approved the terms of the tentative agreement on January 25, 2022) and each city is now being asked to ratify the agreement.

Recommended Action:

It is recommended the City Council approve the proposed agreement for municipal law enforcement services for the period of July 1, 2022 through June 30, 2027 and authorize the City Manager to execute the agreement on behalf of the City.

Discussion:

The City of Poway has contracted with the San Diego County Sheriffs Department for general law and traffic enforcement services since the City incorporated. Contracting for law enforcement services has many financial benefits to the City. On the personnel side, the City is not responsible for recruitment, retention, benefit administration, workers compensation, discipline or labor negotiations. It is the Sheriffs Department responsibility to ensure the Poway substation is fully staffed. The City also does not need to directly budget for vehicles, fleet maintenance (the City does maintain some vehicles for the Senior Volunteer Patrol), equipment purchases, as well as repair and maintenance. Additionally, the City is not responsible for maintaining and managing the insurance and liability associated with operating a municipal police department. The contract with the Sheriffs Department also gives the City access to a wide array of services at no cost including, but not limited to, ASTREA (Aerial Support 1 of38
March 15, 2022, Item #11
to
Regional
Enforcement
Agencies},
Bomb/Arson,
and
Search
and
Rescue.

Contract
negotiations
began
last
fall
between representatives
for
the
nine
contract
cities
and
the
San
Diego
County
Sheriffs
Department.

Poway's
City
Manager,
along
with
the
city
managers
of
San
Marcos
and
Imperial
Beach,
served
as
the
contract
cities'
negotiating
team.

A
tentative
agreement
has
been
reached
pending
approval
by
each
entity's
governing
body.

The
agreement
will
be
prepared
for
signature
once
all
nine
cities
have
finished
their
review
and
approved
the
terms.

As
described
in
the
attachments
to
the
proposed
contract,
the
agreement
is
structured
like
a
menu
of
services.

It spells
out
both
the
direct
and
indirect
costs
of
services,
and
costs
of
positions.

Each
contract
city
has
the
ability
to
set
its
own
level
of
service.

The
contract
also
provides
cities
with
the
opportunity
to
adjust
staffing
(either
adding
or
subtracting)
once
a year
prior
to
budget
preparation.

Contract
Term:

The
term
of
the
contract
is
five
years,
from
July
1,
2022
through
June
30,
2027.

Contract
Increases:

As
with
the
current
agreement,
the
agreement
contains
fixed
percentage
cost
increases
each
year.

However,
the
annual
increases
are
significantly
lower
than
those
in
the
current
contract.

During
the
term
of
the
proposed
agreement,
percentage
increases
for
each
city
will
be
fixed
at: Contract
Years
1 &
2 1
%
Contract
Year
3,4
&
5 3.5%
Staffing:

As
of
the
preparation
of
this
report,
the
City
of
Poway
has
no
planned
changes
to
the
current
law
enforcement
staffing.

Current
staffing
includes
the
following:

Captain
(the
City's
equivalent
to
a
Police
Chief)
Lieutenant 6
Sergeants 1
Detective
Sergeant
4 Detective
Deputies
4 PCAT
(Poway
Criminal
Apprehension
Team)
Deputies
17 Patrol
Deputies
8 Traffic
Deputies
2 Motorcycle
Deputies
1 School
Resource
Officer
(fully
funded
by
the
City
of
Poway,
no
cost
sharing
with
PUSD)
1 Community
Service
Officer
(non-sworn)
2 Crime
Analysts
1 Crime
Prevention
Specialist
Station
Support
Staff
PCAT
is
a
specialized
detective
unit,
unique
among
the
contract
cities.

PCAT
focuses
on
solving
high
profile
crimes
and
in
recent
years
has
been
responsible
for
several
key
arrests
that
have
not
only
benefitted
Poway,
but
also
the
region.

PCAT
plays
an
important
role
in
Poway
continuously
remaining
the
safest city
in
San
Diego
County.

Reopener
Related
to
Liability
Costs:

The
agreement
does
provide
that
during
year
three
of
the
agreement,
either
party
may
request
a
meeting
to
discuss
liability
costs.

All
changes
would
require
the
consent
of
both
parties.

City
staff
and
the
City
Attorney
have
reviewed
all
of
the
terms
of
the
proposed
agreement
and
are
2 of
38 March 15, 2022, Item #11
recommending
the
City
Council
approve
the
agreement
and
authorize
the
City
Manager
to
execute
the
agreement
on
behalf
of
the
City.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

The
proposed
FY
2022-23
budget
will
include
sufficient
funds
to
cover
the
financial
terms
of
the
first
year
of
the
proposed
agreement.

The
FY
2022-23
costs
will
be
$14,687,658.87.

Future
budgets
will
incorporate
the
costs
for
Years
2-5
of
the
proposed
agreement.

The
fixed
percentage
increases
are
lower
than
what
staff
had
initially
projected
in
the
long-range
financial
forecast,
which
was
based
on
the
increases
over
the
past five
years.

This
will
help
reduce
some
of
the
pressure
on
the
City's
General
Fund.

Law
enforcement
costs
are
fully
funded
out
of
the
General
Fund,
there
is
no
cost
allocation
to
other
funds.

Public
Notification:

None. Attachments: A.

Proposed
Agreement
Between
the
City
of
Poway,
the
County
of
San
Diego,
and
the
San
Diego
County
Sheriff
Reviewed/Approved
By:

Wendaserman Assistant
City
Manager
3 of38
Reviewed
By:

Alan
Fenstermacher
City
Attorney
e
City
Manager
March 15, 2022, Item #11

AGREEMENT BETWEEN THE CITY OF POWAY,

THE COUNTY OF SAN DIEGO, AND

THE SAN DIEGO COUNTY SHERIFF

FOR MUNICIPAL LAW ENFORCEMENT SERVICES
This Agreement is between the City of Poway, a municipal corporation, hereinafter referred to as "CITY" and the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY", for services to be provided by the San Diego County Sheriff, hereinafter referred to as "SHERJFF".

RECITALS
WHEREAS, COUNTY through SHERIFF provides public safety services throughout the County of San Diego and is equipped and will do so to the extent and in the manner hereinafter provided; and WHEREAS, CITY is a municipal corporation of the State of California within the County of San Diego and desires to obtain general and specialized law enforcement and traffic services; and WHEREAS, Sections 51300-51308, 51350, 55632, and sections 54980 et seq. of the California Government Code authorize COUNTY and CITY to contract for performance of Sheriff services within the CITY; and
WHEREAS, COUNTY through SHERJFF currently provides municipal law enforcement services to CITY pursuant to an agreement dated July 1, 201 7; and WHEREAS, CITY and COUNTY through SHERJFF desire to enter into a new agreement with provisions concerning the nature and extent of municipal law enforcement services to be provided to CITY and establishing the compensation to be paid therefore; and WHEREAS, COUNTY acknowledges that CITY requires standards of performance that demonstrate professional excellence both in the execution of duties and in the interpersonal relations with CITY employees and all persons utilizing the services of CITY; and WHEREAS, the Board of Supervisors on January 25, 2022 authorized the Clerk of the Board to accept and execute this Agreement for Municipal Law Enforcement Services; and WHEREAS, the City Council for the City of Poway on ___ authorized the City Manager to accept and execute this Agreement for Municipal Law Enforcement Services; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and CITY jointly intend that CITY will fund and COUNTY will provide municipal law enforcement services, as set forth in this Agreement. 4of38 ATTACHMENT A
March 15, 2022, Item #11

AGREEMENT
I.

PURPOSE
AND
INTENT
The
purpose
of
this
Agreement
is
for
COUNTY
to
provide
municipal
law
enforcement
services
to
CITY
per
California
Government
Code
Section
51300-51308,
51350
and
54980,
et
seq.

This
Agreement
is
effective
for
its
term
beginning
as
set forth
in
Section
III.

A,
regardless
of
approval
date
by
the
parties
and
supersedes
and
replaces
the
agreement
between
COUNTY
and
CITY
for
the
period
of
July
1,
2017
through
June
30,
2022,
including
all
attachments,
insofar
as
that
agreement
relates
to
provisions
of
municipal
law
enforcement
services
to
CITY.

II.

SCOPE
OF

SERVICES
COUNTY
through

SHERIFF
shall
provide
municipal
law
enforcement
services
to
CITY
as
follows:

Method
of
Service
Delivery

SHERIFF
will
maintain
a Law
Enforcement
Services
Bureau,
which
will
be
responsible
for
performance
of
COUNTY's
obligations
under
this
Agreement.

Municipal
law
enforcement
services
will
be
staffed
as
described
in
Section
IV,
Standards
of
Services.

These
services
shall
be
provided
from
SHERIFF's
existing
stations
and other
such
facilities
as
COUNTY
or
the
CITY
may
hereafter
acquire.

Law
Enforcement
Services
5 of38
COUNTY
through

SHERIFF
will
provide
municipal
law
enforcement
services
("Law
Enforcement
Services")
to
CITY
as
outlined
in
Attachment
B.

Law
Enforcement
Services
consist
of
enforcement
of
the
California
Penal
Code,
the
California
Vehicle
Code,
and
pertinent
regulatory
ordinances
as
adopted
by
the
City
Council
of
CITY,
as
well
as
direct
supervision
of
law
enforcement
personnel
assigned
to
provide
Law
Enforcement
Services
to
CITY;
all
to
the
extent
necessary
and appropriate
to
meet
the
Standards
of
Services
March 15, 2022, Item #11
described in Section IV. Staffing for Law Enforcement Services shall be provided in Section IV.D of this Agreement.

C. Ancillary Services
The following ancillary services will be provided to CITY as an integral part of the law enforcement services described above and are included in the cost of such services: crime prevention, juvenile intervention, financial crimes, homicide, domestic violence, communication, information technology support, and clerical support.

D. Regional Services
E.

In addition to the services listed above, the following regional services are provided to CITY at no cost: Special Enforcement Detail (SEO); Aerial Support to Regional Enforcement Agencies (ASTREA); Bomb/ Arson; Search and Rescue; Fire/Rescue helicopter; Crime Lab; and Property and Evidence.

Search and Rescue Responsibility
The COUNTY and the CITY agree that some rescues are the responsibility of and will be performed by the SHERIFF while other rescues are the responsibility of and will be performed by the CITY's public safety services. In many instances, rescues will be conducted in a joint operation involving both the SHERIFF and the CITY's emergency response personnel.

F. Reserve Program
The SHERIFF, in partnership with the CITY, will take active steps to recruit individuals to participate in the Reserve Program.

G. Additional Services
6 of38

1. General
COUNTY through SHERIFF may provide supplemental Law Enforcement Services or additional related equipment and supplies as requested by CITY. Additional Services March 15, 2022, Item #11
7 of
38 2.
not
covered
under
Law
Enforcement
Services
may
include,
but
are
not
limited
to,
added
patrol
or
traffic
services
required
for
special
events
such
as
street
fairs,
concerts,
movie
productions
and
other
third-party
promotions.

Requests Requests
for
Additional
Services
shall
be
made
to

SHERJFF
by
CITY
through
the

SHERIFF'S
Station
Commander
or
their
designee
and
shall
be
made
in
writing
or,
if
made
in
person
or
by
telephone,
shall
be
confirmed
in
writing
by
the
requestor
within
forty-eight
(48)
hours
of
the
request.

CITY
shall
provide

SHERIFF
with
as
much
advance
notice
as
possible
regarding
requests
for
Additional
Services.

3. Provision
of
Additional
Services

SHERIFF
shall
advise
CITY
promptly
and
shall
confirm
in
writing
if

SHERIFF
is
unable
to
provide
some
or
all
of
any
requested
Additional
Services.

SHERIFF
is
able
to
provide
some
or
all
of
the
requested
Additional
Services,

SHERIFF
shall
promptly
advise
CITY
in
writing
of
the
estimated
costs
of
the
services.

Unless
CITY
disapproves
in
writing
of
an
estimate
provided
by

SHERIFF,

SHERJFF
shall
provide
such
Additional
Services
to
CITY
and
shall be
reimbursed
for
the
actual
cost
of
providing
the
Additional
Services
subject
to
Section
V.B.2.

COUNTY
shall
delegate
the
authority
to

SHERIFF
to
approve
additional
services
consistent
with
the
intent
of
this
provision.

4. Identification COUNTY
and
CITY
acknowledge
and
agree
that
it
is
impractical
to
specify
in
this
Agreement
each
and
every
category
of
Additional
Services
that
might
be
desired
by
CITY,
and
that
the
parties
will
reasonably
cooperate
in
identifying
and
addressing
such
potential
Additional
Services
within
the
scope
of
Law
Enforcement
Services.

March 15, 2022, Item #11
H. Emergencies

1. General
Notwithstanding any other provisions of this Agreement, in the event of an emergency occurring within CITY, SHERJFF shall take any and all actions reasonably necessary or appropriate to respond to the emergency, to include appropriate referrals to, and coordination with, other law enforcement agencies.

2. Temporary Duties

3. SHERIFF's personnel assigned to perform services for CITY under this contract ("SHERJFF's contract city personnel") may be required to perform temporary duties outside the scope of this Agreement. For the purpose of this Agreement, "temporary duties" shall include, but not be limited to, assignments necessitated by a public safety emergency or other exigent circumstances required under "mutual aid" agreements.

Redeployment of Staff
During the period of any public safety emergency or exigent circumstance such as responding to mutual aid requests, SHERJFF's contract city personnel may be temporarily redeployed for emergency response. If reasonable and practical, SHERJFF shall notify the City Manager for the CITY and discuss the redeployment prior to reassignment. If the public safety emergency or exigent circumstance such as requests for mutual aid demand immediate redeployment, SHERIFF need not notify the City Manager in advance, but shall do so as soon as practical.

III. TERM OF AGREEMENT
A. Term
8 of38
The term of this agreement shall commence at midnight July 1, 2022, and shall continue in effect through and terminate at midnight of June 30, 2027, subject to the termination provisions in Section III.B. below.

March 15, 2022, Item #11
B.

Termination
Notwithstanding
any
other
section
or
provisions
of
this
Agreement,
either
party
hereto
may
terminate
this
Agreement
by
giving
a one-year
advance
written
notice
of
intention
to
terminate.

IV.

STANDARDS
OF

SERVICE
A.

Anticipated
Service
Outcome
The
anticipated
outcome
of
law
enforcement
services
provided
by
COUNTY
through

SHERIFF
to
CITY
under
this
Agreement
is
the
provision
of
efficient
and
effective
police
protection
and
the
performance
of
all
duties
as
required
by
law
or
contract.

These
duties
include
patrol,
traffic,
general
and
specialized
investigations,
crime
prevention,
crime
analysis,
criminal
intelligence,
narcotics
enforcement,
emergency
services,
licensing,
crime
lab
and
comm
uni
cations.

Performance
Standards
9 of38
COUNTY
through

SHERIFF
shall
provide
CITY
with
qualified
personnel
to
meet the
following
performance
standards
and
scope
of
service:

1. General All
SHERIFF personnel
who
provide
municipal
law
enforcement
services
to
CITY
pursuant
to
this
Agreement
shall
have
met
the
minimum
qualifications
designated
for
their
specific
classification,
including
a background
investigation.

2. Patrol
Services
COUNTY
through

SHERIFF
shall
provide
patrol
law
enforcement
services.

To
the
extent
such
staff
is
provided
within
CITY,
their
services,
together
with
all
normal
ancillary
services
related
thereto,
shall
primarily
provide
enforcement
of
the
California
Penal
Code,
the
California
Vehicle
Code,
and
pertinent
regulatory
ordinances
as
adopted
by
the
City
Council
of
CITY.

March 15, 2022, Item #11
10 of 38

3. Traffic Services

4. COUNTY through SHERIFF shall provide traffic services. To the extent that such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement of the California Vehicle Code and pertinent traffic regulatory ordinances as adopted by the City Council of CITY, accident investigations, analysis of traffic related problems of CITY, and cooperate with various CITY departments to obtain solutions to the traffic problems of CITY.

Special Purpose Officers
COUNTY through SHERIFF shall provide problem solving services via the Special Purpose Officer (SPO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily be to identify and resolve problems of both a criminal and non-criminal nature for a designated geographic area through investigation, patrol support, coordination of departmental resources and cooperation with various CITY departments.

5. School Resource Officers
COUNTY through SHERIFF shall provide school resource services via the School Resource Officer (SRO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement and follow up investigation on school property for violations of the Penal Code of the State of California, the California Vehicle Code, and the California Education Code and cooperate with school administration, faculty, students, and parents to obtain solutionsto problems of the school district. To the extent possible, the SRO will participate in positive student activities in the community to build trusting and respectful relationships with students, families, and staff. The SRO will collaborate with school-based community organizations, parent-teacher organizations, and student government to develop opportunities for March 15, 2022, Item #11
11 of
38 6.
positive
activities,
such
as
mentoring
programs,
community
coalitions
or
task
forces. Community
Service
Officers
COUNTY
through

SHERIFF
shall
provide
community
services
via
the
Community
Service
Officer
(CSO).

To
the
extent
such
staff
is
provided
within
CITY,
their
services,
together
with
all
normal
ancillary
services
related
thereto,
shall
primarily
provide
response/information
to
citizen
inquiries,
completion
of
minor
reports,
fingerprinting,
traffic
direction,
parking
enforcement,
vehicle
abatement,
crime
prevention
education
and
enforcement
of
pertinent
regulatory
ordinances
as
adopted
by
the
City
Council
of
CITY.

7. Detectives COUNTY
through

SHERIFF
shall
provide
follow-up
criminal
investigative
services
via
the
Detective
position.

To
the
extent
such
staff
is
provided
within
CITY,
their
services,
together
with
all
normal
ancillary
services
related
thereto,
shall
primarily
be
to
investigate
crime
reports
submitted
by
Patrol
Officers,
Community
Service
Officers,
Special
Purpose
Officers
or
other
personnel.

Detectives
are
responsible
for
classifying
and
closing
cases,
identifying
suspects,
gathering
evidence,
making
arrests,
submitting
cases
for
prosecution, and
supporting said
prosecution
with
needed
supplemental
investigation.

8. Retired-Rehired
Deputies
COUNTY
through

SHERIFF
shall,
to
the
extent
such
personnel
are
available,
make
available
Retired
Deputies
. Such
Retired-Rehired
Deputies
are
eligible
for
short-term
assignments
or
assignments
requiring
specialized
skills
or
knowledge
on
a temporary
basis
to
CITY.

Such
Retired-Rehired
Deputies
are
not
available
for
routine
Patrol,
Traffic,
Detective,or
Special
Purpose
Officer
services
and
are
limited
by State
Law
and
Retirement
System
policy
to
working
a maximum
of
960
hours
per
fiscal
year.

March 15, 2022, Item #11
C. Assignment of Personnel
12 of 38

1. Sheriffs Responsibility
The management, direction, supervision and discipline of SHERIFF personnel, the standard of performance, and all other matters incident to the performance of services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF's sole but reasonable judgement and in accordance with the provisions of applicable labor agreements. SHERIFF shall be the appointing authority for all personnel provided to CITY and shall have complete discretion as to the assignment of all individual SHERIFF'S personnel under this Agreement.

2. Transfers and Selection of Station Commanders
SHERIFF will consult with CITY prior to reassignment of the station commander serving CITY and CITY will be afforded the opportunity to interview potential candidates prior to one being selected as the Station Commander of the station serving CITY. SHERIFF will solicit input from CITY when completing Station Commander's performance review. CITY and SHERIFF acknowledge that the length of assignment of the Station Commander serving CITY cannot be precisely defined; however, SHERIFF will endeavor to maintain the Station Commander serving the CITY in that assignment for 24 months.

3. Other Staff Assignments

4. If CITY has specific concerns regarding the actions of any deputy, agent or employee who performs Law Enforcement Services, CITY may address those concerns with the Station Commander serving CITY.

Liability for Payment of Wages
CITY shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY's performance of this Agreement.

March 15, 2022, Item #11
D.

Staffing
for
Basic
Services
COUNTY
through

SHERIFF
shall
staff
CITY
as
described
in
Attachment
B
in
order
to
provide
Law
Enforcement
Services.

SHERIFF
shall
ensure
that
adequate
numbers
of
qualified

SHERIFF
personnel
are
provided
to
CITY
at
all
times
during
the
term
of
this
Agreement
to
meet
the
Law
Enforcement
Services,
Scope
of
Services
and Standards
of
Service
commitments
set
forth
herein,
at
no
less
than
the
staffing
and
classification
levels
established
in
the
most
current
Attachment
B.

SHERIFF
shall
use
best
efforts
to
fill
CITY
funded
position
vacancies
within
a reasonable
period
of
time.

Changes
in
Staffing
CITY
shall
provide
COUNTY
through

SHERIFF
60 days
advance
notice
when
requesting
changes
in
staffing.

If
CITY
and

SHERIFF
agree
that
changes
to
the
staffing
level
for
Law
Enforcement
Services
are
needed
and/or
agree
that
staff
additions
or
deletions
in
CITY
are
necessary
in
order
to
provide
adequate
levels
of
Law
Enforcement
Services
in
the
succeeding
contract
year,
COUNTY
shall
provide
an
updated
Attachment
B
to
the
CITY.

The
level
of
service
shall
not
be
changed
without
the
mutual
consent
of
the

SHERIFF
and
CITY.

Vehicles,
Equipment,
and
Supplies
13 of
38 COUNTY
shall
provide
all
supplies,
equipment
and
materials
required
for
performance
of
the
required
law
enforcement
services;
except
that
the
CITY
shall,
at
its
own
expense,
supply
any
special
stationery,
supplies,
notices,
or
forms
which
are
to
be
issued
in
the
name
of
the
CITY.

COUNTY
agrees
to
provide
the
standard
equipment
for
CITY
vehicles
per
Attachment
E.

All
marked
vehicles
(black
and
white)
will
generally
be
replaced
at
100,000
miles.

Vans
and
sedans
will
generally
be
replaced
at
I 00,000
miles.

Motorcycles
will
be
replaced
as
needed
at
COUNTY's
discretion.

The
name
of
the city
and
city
seal
will
be
included
on
the doors
of
patrol
cars
if
requested
by
the
CITY.

The
CITY
shall
provide
their
CITY
decal
in
the
size
requested
by
the
SHERIFF.

Subject
to
written
approval
of
the

SHERIFF
or
their
designee,
the
CITY
may
purchase
March 15, 2022, Item #11
equipment deemed necessary to facilitate program implementation or operation. If the COUNTY does not accept ownership of the equipment, the purchase price and all ongoing costs will be the responsibility of the CITY. If the COUNTY accepts in writing, such equipment becomes the property of the COUNTY, and the CITY shall be credited the total cost for the equipment. Total cost shall mean a value agreed upon between COUNTY and CITY at the time the transfer is made.

The cost of any vehicles that are leased or rented for the benefit of the CITY, shall be the CITY's responsibility.

G. Asset Ownership

1. Vehicles
Vehicle ownership will be retained by the entity (CITY or COUNTY) that purchased the vehicle and is currently carrying ownership via the vehicle registration.

2. Office Equipment
Office equipment ( desks, chairs, computers, etc.) ownership will be retained by the entity (CITY or COUNTY) that purchased the equipment and is currently carrying ownership on the entity's inventory.

3. Safety Equipment
Safety equipment (firearms, uniforms, leather gear, etc.) ownership will be retained by the COUNTY.

4. Facilities
CITY shall retain ownership of facilities that CITY constructed for the purpose of use as a Sheriffs station. SHERIFF's payment to CITY is a lease payment only.

H. Members hips
14 of 38

1. For each year that this Agreement is in effect, CITY agrees to maintain its membership in the Automated Regional Justice Information System Joint Powers Agency (ARJIS).

2. For each year that this Agreement is in effect, CITY agrees to maintain its membership March 15, 2022, Item #11
in
the
Regional
Communications
System
(RCS).

3. For
each
year
that
this
Agreement
is
in
effect,
CITY
agrees
to
maintain
its
participation
in
the
California
Identification
System
Remote
Access
Network
(CAL-ID).

Contract
Administration
15 of
38 1.

County
Representative
COUNTY
designates

SHERIFF
or
their
designee
to
represent
COUNTY
in
all
matters
pertaining
to
the
administration
of
the
Agreement.

2. City
Representatives
CITY
designates
its
City
Manager
or
their
designee
to
represent
CITY
in
all
matters
pertaining
to
the
administration
of
the
Agreement.

3. Meetings
between
City
and
Sheriff
The
Sheriff
or
their designee
shall
be
available
to
confer
with
the
City
Manager
or
their
designee
whenever
feasible,
practical,
and
not
in
conflict
with
mandated
duties
and
responsibilities.

The
Sheriff
and/or Undersheriff
and
the
Assistant
Sheriff
will
meet
with
the
City
Managers
as
a group
twice
each
year
to
discuss
the
law
enforcement
contract.

CITY
and COUNTY
shall
provide
full
cooperation
and
assistance
of
its
officers,
agents,
and
employees
to
each
other
in
the
performance
of
this
contract.

4. Implementation
of
New
Programs
The
COUNTY
will
discuss
the
implementation
of
any
new
programs
with
the
CITIES.

The
COUNTY
will
provide
the
justification
and
value
to
CITY
for
the
program
and
estimates
of
the
cost
impact.

Such
programs,
if
resulting
in
additional
costs
to
CITY
will
only
be
implemented
after
discussion
with
the
CITY.

5. CLETAC
CITY,
along
with
other
cities
within
San
Diego
County
entering
into
contracts
for
law
enforcement
services
similar
to this
Agreement
("CITIES")
shall
maintain
a Contract
March 15, 2022, Item #11
Law Enforcement Technical Advisory Committee (CLET AC). The Law Enforcement Services Bureau Assistant Sheriff, Law Enforcement Commanders and Sheriffs Contracts Manager shall meet with the committee on at least a semi-annual basis to review contract administration including contract interpretation, costs, and liability.

Additional meetings can be scheduled at the request of either party.

J. Audit and Inspection of Records
COUNTY agrees that records generated under this agreement shall be made available to CITY to audit and examine. CITY agrees that any such audit will be arranged by contacting the Sheriffs Contracts Manager in writing at least ten (10) working days prior to the commencement of the audit and shall be conducted during normal working hours. CITY through its City Manager shall have access to reports and other documents pertaining to this Agreement including statistical reports on crime rates, traffic incidents and calls for service within CITY.

K. Reporting Requirements
CITY will receive monthly reports that provide information with respect to staffing, crime statistics, traffic statistics, programs, and patrol activities V. COST OF SERVICES/CONSIDERATION
16 of 38
A. General
As full consideration for the satisfactory performance and completion by COUNTY through SHERIFF of the Law Enforcement Services set forth in this Agreement, CITY shall pay COUNTY for the services agreed to on the basis of invoices and submittals as set forth hereunder.

B. Personnel Costs

1. Law Enforcement Services
The cost of a Law Enforcement Services position includes amounts that compensate COUNTY for all absences due to compensatory time off, bereavement, family, injury, March 15, 2022, Item #11
17 of
38 military,
sick
leave,
holidays,
jury
duty,
leave
without
pay,
related
training,
and
vacation
but
does
not
provide
coverage
or
include
costs
required
to
maintain
coverage
for
Law
Enforcement
Services
during
such
absences.

If,
however,
there
is
an
individual
absence
or
vacancy
of
more
than
60 calendar
days,
CITY
is
not
required
to
compensate
the
COUNTY
from
the
61 st
day
until
the
position
is
staffed/filled.

In
the
event
that
a
vacancy
was
created
due
to
a promotion
or
competitive
position,
COUNTY
is
not
required to
credit
CITY
for
such
vacancy
as
these
types
of
vacancies
are
considered
to
be
a natural
progression
in

SHERIFF
personnel's
career path.

2. Additional
Services
CITY
shall
compensate
COUNTY
for
Additional
Services
requested
and
approved
by
CITY
in
accordance
with
Section
ILG,
based
upon the
actual
costs
incurred
by

SHERIFF
to
provide
those
services.

Cost
Model
Components

1. Cost
Model
Development
A
cost
model
including
each
station
showing
the
direct,
station
support,
space
and
overhead
costs
for
both
the
CITY
and
COUNTY
shall
be
developed.

2. Direct
Staff
Costs
CITY
shall
pay
for
direct
staff,
which
includes:
a)
Deputies
b)
Detectives
c)
Sergeants
d)
Community
Service
Officers
e)
Vehicles
f)
Handheld
Radios
March 15, 2022, Item #11
18 of 38

3. Station Support Staff Costs
CITY shall pay for station support staff, which includes:
a) Lieutenants
b) Captains
c) Administrative Secretary I & II
d) Office Assistants
e) Office Support Specialists
f) Property & Evidence Specialists
g) Sr. Office Assistants
h) Stock Clerks
All Station Support costs shall be allocated between the COUNTY and the CITY ( or CITIES) occupying the station based on their number of deputies, detectives, sergeants, and community services officers in that station.

4. Law Enforcement Direct Support Costs
CITY shall pay for law enforcement support, which includes:
a) Crime Prevention Coordination
b) Criminal Intelligence Detail
c) Traffic Coordinator
d) Family Protection Detail
e) Central Operations Detail
f) Elder Abuse Unit
g) Domestic Violence Unit
h) Homicide
i) Communications Center
j) Sheriffs Analysis Group
k) Video Analy~is Unit
March 15, 2022, Item #11
19 of 38
1) Law Enforcement Command
m) Sheriff Fleet Allocation
n) IT Outsourcing Allocation
o) Facilities Allocation (Actual per Station}
All Law Enforcement Direct Support costs shall be allocated between the COUNTY and the CITY ( or CITIES) occupying the station based on their number of deputies, detectives, sergeants,and community services officers in that station.

5. Overhead (Indirect Costs)
CITY shall pay for overhead (indirect costs), which includes:
a) Budget & Revenue Management
b) Financial Services
c) Data Services
d) Contracts Management
e) Wireless Services Division
f) Personnel
g) Payroll
h) External Costs-Cost Allocation Plan
All Overhead costs shall be allocated between the COUNTY and the CITY ( or CITIES) occupying the station based on their number of deputies, detectives, sergeants, community services officers, and station support staff in that station.

6. Overhead Allocation Date
The staffing of each city on May 1st and any requested adjustments shall be used to allocate Station Support staff and apply Overhead, for contract year starting the following July 1st•
March 15, 2022, Item #11
20 of 38

7. Staff Added After May 1st
For positions added after May pt ,the CITY will pay the direct cost of the added position, along with the current Fiscal Year Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the added position. The ICRP rate is developed by the Sheriffs Department each fiscal year. The methodology and rate are then approved by the County of San Diego's Auditor and Controller's office. If the start date of the newly added position is after the 1st of the month, the Salaries and Benefits will be pro-rated, and the ICRP will then be applied. The calculation for pro-rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was added and then divided by 365 days.

8. Positions Deleted After May 1st
If a CITY deletes a position after May 1st, the City will be credited the pro-rated portion of the direct cost of the position, along with a credit for the Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the deleted position. The calculation for pro-rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was deleted and then divided by 365 days.

D. Costs

1. Basis for Year One Direct and Station Support Staff Costs

2. The basis for year one Salaries and Benefits costs for Direct and Station Support Staff of this agreement is the cost of Direct Staff and Station Support Staff from year five of the previous contract (July 1, 2017 -June 30, 2022) with a 1 % fixed price increase applied.

Fixed Cost Increase for Years Two Through Five
Cost increases for each CITY will be 1 % in year two, 3.5% in year three, March 15, 2022, Item #11
21 of
38 E.

Liability
I. 2.

3.5%
in
year
four,
and

3.5%
in
year five
of
this
agreement.

The
cities
will
pay
the
applicable
contract
year's
percentage
increase
regardless
of
the
actual
cost
increase
or
decrease.

Adjustments
for
any
changes
in
the
future
contract
year
will
be
made
after
applying
the
fixed
percentage
increase.

Agreement
Years
One, Two,
Three,
Four
and
Five
The
CITIES
will
pay
a total
of
$1,875,453
per
year.

This
amount
shall
be
allocated
to
each
CITY
based
on
the
number
of
deputies,
detectives,
sergeants,
community
service
officers,
lieutenants,
and
captains
assigned
to
the
CITY.

Reopener During
year
three
of
this
agreement,
either
party
may
request
a meeting
to
discuss
liability
costs.

All
changes
require
the
consent
of
both
parties.

Rate
of
Compensation

1. First
Year

2. For
the
first
year
of
this
Agreement,
CITY
will
compensate
COUNTY
for
provision
of
the
Law
Enforcement
Services
in
an
amount
_equal
to
the
fiscal
year base
amount
set
forth
in
Attachment
B
effective
July
1,
2022
.

Included
in
this
amount
will
be
a liability
cost
as
set
forth
in
Section
V.E.

In
addition
to
the
charges
for
Law
Enforcement
Services,
CITY
will
compensate
COUNTY
for
Additional
Services
as
set
forth
inSection
V.B.2,
above.

Subsequent
Years
a.

Cost
Detail
By
April
1st
of
each
year,

SHERIFF
shall
provide
CITY
with
service
costs
for
the
upcoming
fiscal
year
(July
1 through
June
30).

The
cost
March 15, 2022, Item #11
22 of 38
for services provided by SHERIFF shall be based upon the agreed fixed price increase for the respective agreement year, as defined in Section V.D.2 of this agreement. SHERIFF will provide CITY with a current Attachment A that reflects the new fiscal year service costs. b. Level of Service
c.

By May 1st of each year, CITY shall determine the level of Law Enforcement Services as defined in Section IV.B required within CITY for the upcoming fiscalyear (July 1 through June 30).

SHERIFF will be responsible for setting minimum staffing levels for each CITY to ensure both deputy and public safety.

At a minimum, such service shall include the availability of one continuous twenty-four hour per day patrol unit and one continuously available eight and one-half hour, seven days a week, traffic unit.

Updated Total Cost for Requested Level of Service
By June 1st of each year, COUNTY shall prepare an updated Attachment B, based upon the level of service for the upcoming fiscal year (July 1 through June 30) and the total cost of such services as determined in accordance with Section V.C and V.D, above. Attachment B shall be effective July 1st and shall be made a part of this Agreement. CITY shall compensate COUNTY as set forth in Attachment B including any mid-year adjustments as defined in section V.G below, and shall also compensate COUNTY for Additional Services as set forth inSection V.B.2, above.
d. Mandated Costs
CITY shall pay all costs which are mandatory as of the effective date March 15, 2022, Item #11
23 of
38 of
this
agreement
for
any
law
enforcement
agency
to
pay
pursuant
to
state
or
federal
statute
or
case
law,
if
such
costs
are
not
included
in
the
agreed-to
costs
stated
in
Attachment
B.

Further,
CITY
shall
pay
any
mandatory
costs
that
shall
become
operational
during
the
term
of
this
Agreement.

Mid-Year
Adiustments
to
Basic
Services
H.

With
30 days
advance
notice,
either
party
may
propose
amendments
or
modifications
to
this
Agreement.

Such
changes,
including
any
increase
or
decrease
in
the
level
of
service,
which
are
mutually
agreed
upon
by
and
between
COUNTY
and
CITY
shall
be
effective
when
incorporated
in
a revised
Attachment
B
and
approved
by
both
the
COUNTY
through
the

SHERIFF
and
CITY.

Method
of
Payment,
Proportional
Payment,
Credits

1. Monthly
Invoices
COUNTY
shall
invoice
CITY
monthly
for
services
received
(1/12
of
annual
costs).

CITY,
within
30 days
from
the
date
of
the
invoice,
shall
pay
to
the
County
Treasurer,
through
the

SHERIFF
at
9621
Ridgehaven
Court,
San
Diego,
CA
92123,
for
costs
of
the
services
agreed
upon
as
reflected
in
Attachment
B.

2. Billing
for
Additional
Services
Additional
Services
that
have
been
agreed
to
by
the
parties
and
provided
by

SHERIFF
to
CITY,
shall
be
billed
in
addition
to
those
listed
above.

CITY
agrees
to
pay
the
actual
cost
of
such
services
so
requested.

3. Credits a.

Vacancies
and
Absences

SHERIFF
will
provide
CITY
a credit
for
any
individual
absence
or
vacancy
extending
beyond
60 calendar
days,
as
outlined
in
section
V.B.1
above.

SHERIFF
will
deduct
the
amount
of
the
credit
from
the
total
March 15, 2022, Item #11
24 of
38 I.
amount
billed
on
the
CITY's
monthly
invoice.
b.

Towing
Fees
CITY
shall
be
given
credit
for
towing
fees
collected
under
California
Vehicle
Code
section
22850.5.

The
monthly
towing
fees
will
be
deducted
from
the
CITY's
monthly
invoice.

Booking
Fees/Jail
Access
Fee
Effective
July
I,
2007,
in
lieu
of
charging
CITY
booking
fees,
COUNTY
will
receive
an
annual
appropriation
from
the
State.

COUNTY
may
charge
a "jail
access
fee"
for
certain
low-level
offenses
(municipal
code
violations
and
misdemeanor
violations
except
driving
under
the
influence,
domestic
violence
offenses,
and
enforcement
of
protective
orders),
for
each
bookingin
excess
ofCITY's
three-year
average
of
such
bookings
(recalculated
annually).

In
the
event
that
the
State
reduces
its
annual
appropriation,
COUNTY
may
reinstate
booking
fee
in
accordance
with
Government
Code
sections
29550-29552.

Distribution
of
Fines
and
Forfeitures
All
personnel
provided
by

SHERIFF
in
the
performance
of
the
services
of
this
Agreement
for
CITY
shall
be
COUNTY
officers
and
employees,
but
shall
be
deemed
officers
and
employees
of
CITY
for
the
sole
purpose
of
distributing
fines
and
forfeitures
pursuant
to
Penal
Codesection
1463.

Forfeited
Property
and
Assets
Any
property
retrieved
in
CITY
by

SHERIFF'S
personnel
such
as
unclaimed
stolen
goods
or
revenue
generated
by
the
sale
of
such
property
by
COUNTY
shall
be
made
available
to
CITY
net
of
allowable
expenses,
at
first
option
to
retain
for
CITY
purposes.

Assets
seized
through
the
Asset
Forfeiture
process
by
SHERIFF's
personnel
within CITY
as
a result
of
self-initiated
activities
or
calls
for
service
shall
be
shared
with
CITY
according
to
current
Federal
Asset
Seizure
March 15, 2022, Item #11
L.

Guidelines.

Availability of Funding
All terms and conditions of this Agreement are subject to the continued appropriations andavailability of funds for either party for the performance of the services stated herein.

VI. DEFENSE AND INDEMNIFICATION
25 of 38
A. Indemnification Related to Workers' Compensation and Employment Issues COUNTY shall fully indemnify and hold harmless CITY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status or employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY.

CITY shall fully indemnify and hold harmless COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (I) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of CITY or any contract labor provider retained by CITY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is March 15, 2022, Item #11
26 of
38 brought
by
an
employee
of
CITY
or
any
contract
labor
provider
retained
by
CITY.

Defense
and
Indemnity;
Acts
and
Omissions

1. Claims,
Actions
or
Proceedings
Arising
From
Acts
or
Omissions
of
COUNTY
COUNTY
hereby
agrees
to
defend
and
indemnify
the
CITY,
its
agents,
officers,
and
employees,
from
any
claim,
action
or
proceeding
against
CITY,
arising
out
of
the
acts
or
omissions
of
COUNTY
in
the
performance
of
this
Agreement,
only
where
asserted
CITY
liability
is
based
solely
on
all
of
the
following
three
circumstances:
(I)
The
incident
giving
rise
to
the
claim
or
suit
arose
out
of
the
CITY's
contractual
relationship
with
COUNTY
under
this
Agreement;
(2)
The
incident
giving
rise
to
the
claim
or
suit
is
alleged
to
have
occurred
within
the
boundaries
of
CITY
and
there
is
no
"dangerous
condition"
allegation
against
the
CITY;
and
(3)
The
conduct
alleged
to
be
that
of
the
CITY
is,
in
fact,
COUNTY
conduct.

At
its
sole
discretion,
CITY
may
participate
at
its
own
expense
in
the
defense
of
any
claim,
action
or
proceeding,
but
such
participation
shall
not
relieve
COUNTY
of
any
obligation
imposed
by
this
Agreement.

CITY
shall
notify
COUNTY
promptly
of
any
claim,
actionor
proceeding
and
cooperate
fully
in
the
defense.

2. Claims,
Actions
or
Proceedings
Arising
From
Acts
or
Omission
of
CITY
CITY
hereby
agrees
to
defend
and
indemnify
the

COUNTY,
its
agents,
officers,
and
employees,
from
any
claim,
action
or
proceeding
against

COUNTY,
arising
out
of
the
acts
or
omissions
of
CITY
in
the
performance
of
this
Agreement.

At
its
sole
discretion,COUNTY
may
participate
at
its
own
expense
in
the
defense
of
any
claim,
action
or
proceeding,
but
such
participation
shall
not
relieve
CITY
of
any
obligation
imposed
by
this
Agreement.

COUNTY
shall
notify
CITY
promptly
of
any
claim,
action
orproceeding
and
cooperate
fully
in
the
defense.

3. Claims,
Actions
or
Proceedings
Arising
From
Concurrent
Acts or
Omissions
COUNTY
hereby
agrees
to
defend
itself,
and
CITY
hereby
agrees
to defend
itself,
from
any
claim, action
or
proceeding
arising
out
of
the
concurrent
acts
or
omissions
of
COUNTY
and
CITY.

In
such
cases,
COUNTY
and
CITY
agree
to
retain
their
own
March 15, 2022, Item #11
27 of 38
legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in section VI.B.5 below (referring to joint defense agreements and reimbursement and/or reallocation).

4. Claims Investigation and Procedure for Determination of Duty to Defend and Indemnify
If the COUNTY and/or CITY receive a claim or claims containing a description of circumstances, and/or are served with a complaint containing allegations, that the actions and/or omissions of the COUNTY and CITY in the performance of this Agreement contributed to the injuries and/or damages alleged in the complaint, the COUNTY shall look beyond the mere description of circumstances or allegations to determine whether CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, notwithstanding the allegations. The COUNTY, consistent with its long-standing practice, shall review the information in any COUNTY claims file, including investigative materials of the factual circumstances underlying the complaint's allegations and/or available law enforcement agency incident reports.

If the COUNTY review determines that there are no facts supporting any viable theory of liability alleged in the complaint against the CITY, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section VI.B.1 above. However, if as result of the COUNTY review, there appears to be a reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, COUNTY shall, as soon as practicable contact the appropriate CITY representative to discuss COUNTY's findings. If, after the discussion with CITY representative, the COUNTY is convinced that CITY was not involved, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section V l.B .1, above. However, if there continues to appear to be a March 15, 2022, Item #11
reasonable
basis
for
concluding
that
CITY
acts,
omissions
or
dangerous
conditions
of
CITY
property
may
have
contributed
to
the
plaintiffs
injuries
and/or
damages
alleged
in
the
complaint,
the
COUNTY
will
notify
CITY
that
the

COUNTY,
pursuant
to
the
provisions
of
this
Agreement,
is
not
obligated
to
defend
and
indemnify
CITY
under
section
VI.B.4a,
above.

When
the
COUNTY
defends
a claims
or
suit
pursuant
to
section
VI.B.
l,
above,
the
CITY
shall
cooperate
with
COUNTY
in
thedefense
of
the
action
of
claim.

5. Joint
Defense
Notwithstanding
section
VI.B.4
above,
in
cases
where
COUNTY
and
CITY
agree
in
writing
to
a joint
defense,
COUNTY
and
CITY
may
appoint
joint
defense
counsel
to
de.fend
the
claim,
action
or
proceeding
arising
out
of
the
concurrent
acts
or
omissions
of
CITY
and
COUNTY.

Joint
defense
counsel
shall
be
selected
by
mutual
agreement
of
COUNTY
and
CITY.

COUNTY
and
CITY
agree
to
share
the
costs
of
such
joint
defense
and any
agreed
settlement
in
equal
amounts,
except
as
follows:

COUNTY
and
CITY
further
agree
that
neither
party
may
bind
the
other
to
a settlement
agreement
without
the
written
consent
of
both
COUNTY
and
CITY.

Where
a trial
verdict
or
arbitration
award,
in
a joint
defense
case,
allocates
or
determines
the
comparative
fault
of
the
parties,
COUNTY
and
CITY
may
seek
reimbursement and/or
reallocation
of
defense
costs,
judgements
and
awards,
consistent
with
such
comparative
fault.

VII.

GENERAL

PROVISIONS
28 of
38 A.

Independent
Contractor
Status
In
the
performance
of
services
under
this
Agreement,
COUNTY
and
their
respective
officers,
agents
and/or
employees
shall
be
deemed
independent
contractors
and
not
officers,
agents,
or
employees
of
CITY.

All
such
personnel
provided
by
COUNTY
under
this
Agreement
are
under
the
direct
and
exclusive
supervision,
daily
direction,
and
control
of
COUNTY
and
COUNTY
assumes
full
responsibility
for
the
actions
of
such
personnel
in
the
performance
of
March 15, 2022, Item #11
29 of 38
services hereunder.

CITY and COUNTY acknowledge and agree that CITY does not control the manner and means of performing the work of COUNTY's officers, agents, or employees who perform LawEnforcement Services, and that CITY does not have the right or authority to hire, discipline or terminate such officers, agents, or employees. COUNTY has no authority of any kind to bind CITY, and CITY has no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act or represent itself directly or by implication as an agent of CITY, or in any manner assume or create or attempt to assumeor create any obligation on behalf of or in the name of CITY. CITY shall not act or attempt to act or represent itself directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY.

B. Notices
Any notice, request, demand, or other communication required or permitted hereunder shall bein writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows; or to such other place as each party may designate by subsequent written notice to each other:

To COUNTY and SHERIFF:

Sheriffs Contracts Manager
PO Box 439062
9621 Ridgehaven Ct
San Diego, CA 92123
To: CITY
City Manager
City of Poway
13325 Civic Center Drive
Poway, CA 9207 4
A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or March 15, 2022, Item #11
30 of 38
two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received.

C. Time of the Essence
Time is of the essence of this Agreement. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to business days, not to include COUNTY and CITY holidays.

D. Amendments
This Agreement may be modified or amended only by a written document signed by both COUNTY through SHERIFF and CITY. No oral understanding or agreement shall be binding on the parties. No party shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other parties.

E. Entire Agreement
This Agreement, including all Attachments hereto, constitute the complete and exclusive statementof agreement between COUNTY and CITY with respect to the subject matter hereof.

As such,all prior written and oral understandings are superseded in total by this Agreement.

F. Construction
Each party has had the opportunity to participate in the review of this Agreement and this Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. Each of the Attachments to this Agreement are hereby incorporated into this Agreement by this reference.

G. No Third-Party Beneficiaries
This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit March 15, 2022, Item #11
31 of
38 to
any
third
party
is
incidental
and
does
not
confer
on
any
third
party
to
this
Agreement
any
rights
whatsoever
regarding
the
performance
of
this
Agreement.

Any
attempt
to
enforce
provisions
of
this
Agreement
by
third
parties
is
specifically
prohibited.

Waiver
A
waiver
by
COUNTY
of
a breach
of
any
of
the
covenants
to
be
performed
by
CITY,
or
a
waiver
by
CITY
of
a breach
of
any
of
the
covenants
to
be
performed
by

COUNTY,
shall
not
be
construed
as
a waiver
of
any
succeeding
breach
of
the
same
or
other
covenants,
agreements,
restrictions,
or
conditions
of
this
Agreement.

In
addition,
the
failure
of
either
party
to
insist
upon
strict compliance
with
any
provision
of
this
Agreement
shall
not
be
considered
a waiver
of
any
right
to
do
so,
whether
for
that
breach
or
any
subsequent
breach.

The
acceptance
by
COUNTY
or
CITY
of
either
performance
or
payment
shall
not
be
considered
a waiver
of
the
other
party's
preceding
breach
of
this
Agreement.

Authority
to
Enter
Agreement
COUNTY
and
CITY
each
has
all
requisite
power
and
authority
to
conduct
its
respective
business
and
to
execute,
deliver,
and
perform
the
Agreement.

Each
party
warrants
that
the
individuals
who
have
signed
this
Agreement
have
the
legal
power,
right,
and
authority
to
make
this
Agreement
and
to
bind
each
respective party.

Cooperation
COUNTY
through

SHERIFF
and
CITY
will
cooperate
in
good
faith
to
implement
this
Agreement. K.

Counterparts
This
Agreement
may
be
executed
in
one
or
more
counterparts,
each
of
which
shall
be
deemed
to
be
an
original,
but
all
of
which
together
shall
constitute
one
and
the
same instrument.

Severability
This
Agreement is
subject
to
all
applicable
laws
and
regulations.

If
any
provision
of
this
Agreement
is
found
by
any
court
or
other
legal
authority,
or
is
agreed
upon
by
the
parties,
to
March 15, 2022, Item #11
32 of 38
be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefitof this Agreement to either party is lost, then the Agreement may be terminated at the option of the affected party, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect.

M. Representation
CITY's City Manager, or their designee, shall represent CITY in all discussions pertaining to this Agreement. Sheriff, or their designee, shall represent COUNTY in all discussions pertaining to this Agreement.

N. Job Actions
In the event of a work slowdown, strike, or any other form of job action by those individuals assigned to perform CITY Law Enforcement Services, COUNTY through SHERIFF agrees to provide only that minimal level of service agreed to by CITY and COUNTY, and CITY shall have no responsibility for the cost of SHERIFF's Law Enforcement Services personnel who withhold Law Enforcement Services to CITY under those circumstances.

0. Dispute Resolution Concerning Services and Payment
In the event of any dispute concerning services and payment arising from this Agreement, the Assistant Sheriff of the Law Enforcement Services Bureau and Sheriffs Contracts Manager, or their designees, and CITY's City Manager, or their designee, will meet and confer within ten (10) business days after receiving notice of the dispute in an attempt to resolve the dispute. In the event no agreement can be reached, the Sheriff, or their designee, and the CITY's City Manager, or their designee, shall meet to discuss resolution of said dispute.

P. Obligation
This AGREEMENT shall be binding upon the successors of the members of the City Council, the Mayor and the City Manager of CITY, and the members of the COUNTY Board of March 15, 2022, Item #11
Supervisors
and
the
SHERIFF.

WITNESS

WHEREOF,
the
CITY,
by
resolution
duly
adopted
by
its
City
Council
on
___
, 2022,
has
approved
the
execution
of
this
contract
by
its
City
Manager,
and
the

COUNTY,
by
order
of
its
Board
of
Supervisors
January
25,
2022
(2)
has
approved
the
execution
of
this
contract
on
the_
Day
of
___
, 2022.

CITY
COUNTY
OF
SAN
DIEGO
City
Manager
Clerk
of
the
Board
of
Supervisors
Approved
by
City
Council
Approved
by
Board
of
Supervisors
Action_____________
Action
____________
_
Date_____________
Date
___________
_
By:___________
By:
__________
_
Approved
as
to
form
and
legality
Approved
as
to
form
and
legality
By:___________
By:
__________
_
City
Attorney
County
Counsel
Date_____________
Date
___________
_

ATTACHMENTS
TO
THIS

AGREEMENT
A:

Services
Cost
B:

City
Costs
C:

Overhead
Cost
Detail
D:

Lability
Fund
History
E:

Standardized
Equipment
List
33 of
38 March 15, 2022, Item #11

SERVICE CATEGORY
STAFF:

Deputy Patrol
Deputy Traffic
Deputy Motor
Deputy SPO
Detective
cso
Sergeant
Lieutenants
Captains
Admin Sec II
Admin Sec I
Office Assistant
Office Support Specialist
Sr. Office Assistant
Sheriffs Prop & Evid Spec I
Dept. Aide
Crime & Intelligence Analyst
Rehire (960 program) per hour
AUTO:

Patrol Sedan B/W
Patrol 4x4 B/W
Traffic Sedan B/W
Motorcycle
Management Sedan

ATTACHMENT A

CONTRACT LAW ENFORCEMENT PROGRAM

SERVICE COSTS
FY22-23

SALARY & START UP RADIO

BENEFITS COSTS REPLACEMENT
(Prorate (Full) (Prorate
if partial year) if partial year)
$218,638.52 $24,308.00 $627.14
$218,638.52 $24,308.00 $627.14
$233,892.37 $24,308.00 $627.14
$218,638.52 $24,308.00 $627.14
$228,807.75 $24,308.00 $627.14
$95,743.97 $13,948.00 $627.14
$282,742.95 $24,308.00 $627.14
$298,985.45 $24,308.00 $627.14
$348,008.22 $24,308.00 $627.14
$103,933.48 $8,749.00 $0.00
$88,265.16 $8,749.00 $0.00
$83,056.40 $8,749.00 $0.00
$100,165.83 $8,749.00 $0.00
$98,016.65 $8,749.00 $0.00
$86,292.01 $8,749.00 $0.00
$58,531.22 $8,749.00 $0.00
$158,137.43 $8,749.00 $0.00
$40.00
Ongoing Cost Per Auto
(Prorate
if partial year)
$31,631.69
$38,101.95
$31,631.69
$15,017.72
$14,151.45
Detective Sedan & Det. Supervisor $10,660.00
SPO -Sedan 4 Dr $10,660.00
SPO-Van $16,193.73
SPO-B&W $31,631.69
CSO -Sedan 4 Dr $10,660.00
CSO -Van $9,920.79
34 of 38
March 15, 2022, Item #11

ATTACHMENT B
City of Poway
Effective 7/1/2022 through 6/30/2023
February 2022
Staff # of Unit Total
SERVICE CATEGORY Cost Staff Factor Net Cost Notes
Deputy Patrol $218,638.52 17.000 3,716,854.81
Deputy Traffic $218,638 .52 8.000 1,749,108 .15
Deputy Motor $233,892.37 2.000 467,784.74
Deputy SPO $218,638.52 5.000 1,093,192.59
Detective $228,807.75 4.000 915,231.01
cso $95,743.97 1.000 95,743.97
Sergeant Patrol $282,742.95 4.000 1,130,971.79
Sergeant Traffic $282,742.95 1.000 282,742.95
Sergeant Relief $282,742.95 - -
Sergeant Dedicated $282,742.95 1.000 282,742.95
Detective Sgt $282,742.95 1.000 282,742.95
Station Staff 937,190.62
Subtotal 10,954,306.52
Ancillary Support 1,751,037.30
Supply 232,704 .31
Vehicles 733,499.52
Space 553,858.55
Management Support 341,756.68
Liability 120,495.98
Subtotal 3,733,352.34
Adjustments: -
TOTAL AMOUNT $ 14,687,658.87
Attachment B
35 of 38
March 15, 2022, Item #11

ATTACHMENT C

OVERHEAD COST DETAIL SHEET
FY2022/2023

DEPUTY SHERIFF & SERGEANT COMMUNITY SERVICE OFFICER
Station Support Staff Direct Charge Now Direct Charge Now Ancillary Support
Communications Ctr $ 18,836.93 $ 9,418.47
Reserves $ $
Crime Prevention $ 2,241.31 $ 1,120.66
Crime Analysis $ 588.70 $ 294.35
Traffic Coordinator $ 540.11 $ 270.06
Juvenile Intervention $ 3,290.04 $ 1,645.02
Family Protection $ 4,631.72 $ 2,315.86
Financial Crimes $ 3,377.54 $ 1,688.77
Domestic Violence $ 1,572.21 $ 786.10
Homicide $ 4,717.69 $ 2,358.85
Total $ 39,796.25 $ 19,898.14
Supplies
Station Direct Charge Now Direct Charge Now
Support Other . $ 2,394.66 $ 1,197.33
Total $ 2,394.66 $ 1,197.33
Space Cost
Space Direct Charge Now Direct Charge Now
Total $ $
Management Support
Admin $ 1,763.91 $ 881.96
Fiscal $ 1,935.08 $ 967.54
Personnel $ 3,212.05 $ 1,606.03
Data Services $ 1,704.31 $ 852.15
Other $ 2,301.81 $ 1,150.91
Total $ 10,917.16 $ 5,458.59
Grand Total $ 53,108.07 $ 26,554.06
Note:

Deputy, Detective, CSO, Sergeant, Station Staff, Station Supplies, Space & Vehicles are calculated directly per station.
36 of 38
March 15, 2022, Item #11

ATTACHMENT D
__ I ____ L_1A_s_1_L_1T_v_F_u_N_o_H_1_s_T_o_R_v ___ ·. ___.I I AMOUNT
Beginning Balance 862,445.74
FY 2012/2013 258,994.88
FY 2013/2014 15,350.61
FY 2014/2015 60,289.48
FY 2015/2016 (635,636.98)
FY 2016/2017 (3,361,519.58)
FY 2017/2018 (415,590.54)
FY 2018/2019 (76,889.66)
FY 2019/2020 (181,243.76)
FY 2020/2021 (1,830,471.74)
FY2021 /2022* 662,121.58
Total (4,642,149.97)
*Data as of Q1, FY21-22 ONLY
37 of 38
March 15, 2022, Item #11
VHF Mobile radio
Vehicle Type
Patrol Sedan
Patrol 4X4 (Expedition)
Patrol 4X4 (Pick Up)
Traffic Sedan
Traffic Motorcycle
Detective ( 4-Door)
Detective (2-Door)
Detective (Black & white)
Detective (Van)
CSO (Van)
Supervisory Sedan
38 of 38

ATTACHMENT E
I:

STANDARDIZED EQUIPMENT LIST
P-Al'.F-1.0L-Sl'.A~-IONS
Mobile Handitalk VHF Mobile VRM Light Plastic
Radio Radio Radio MCT's (1) Modems AVL (2) Siren Rear Seat

X X X X X

X X X X X X

X X X X X

X X X X X
X X
X X
X X

X X X X X
X X

X X X X
X X No*
(1) Mobile Computer Terminals - purchased by Communication Center. (2) Auto Vehicle Locator
(3) Amber warning light in rear deck.

X X
X
X
X X
X
X (3)
X
Radar Push Bar Gunlock Winch Screen
X X X

X X X X

X X X X
X
X X X

Poway City CouncilMarch 15, 2022

Poway City Council
March 15, 2022