Attachment A
Fifty-Third Amendment to Law
Enforcement Contract #94-909-A-53
Standard Contract Page 1 of 4
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor City of Victorville
Contractor Representative Elizabeth Becerra, Mayor
Telephone Number (760) 955-5000
Contract Term 07/01/2024 through 06/30/2025
Original Contract Amount $38,000,369
Amendment Amount
Total Contract Amount $38,000,369
Cost Center 4414551000
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT No. 53
Effective July 1, 2024, Contract No. 94-909 to provide law enforcement service to the City of Victorville is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION with the Schedule A attached hereto and incorporated herein by this reference.
E
xcept as amended, all other terms and conditions of this Contract remain as stated therein.
Contract Number
94-909 A-53
SAP Number
N/A
Revised 1/10/23 Page 2 of 4
[W
ith the exception of signatures, this page is intentionally left blank].
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN
BERNARDINO COUNTY City of Victorville
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Elizabeth Becerra
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(P rint or Type)
By Dated:
Deputy
Address 14343 Civic Drive
Victorville, CA 92393
Revised 1/10/23 Page 3 of 4
SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2024-25
A DD: 1 SCHOOL RESOURCE OFFICER K-9, 1 FISCA L SPECIA LIST, 1 MA RKED UNIT, 1 HT & 1 TA SER
LESS: 1 SUPERVISING OFFICE SPECIALIST
FY 2024-25
COST
1.00 - Captain $ 568,555 1
2.00 - Lieutenant 813,932 1
10.00 - Sergeant 3,319,100 1
10.00 - Detective/Corporal 2,823,840 1
74.00 - Deputy Sheriff Tier 2 17,490,788 1
1.00 - Deputy Sheriff Tier 2 - Mall 236,362 1
1.00 - Deputy Sheriff - K-9 Officer 258,163 1
7.00 - School Resource Officer 1,654,534 1
1.00 - School Resource Officer - K-9 258,163 1
16.00 - Sheriff’s Service Specialist 1,461,824 1
1.00 - Fiscal Specialist 82,076 1
1.00 - Crime Analyst 135,271 1
1.00 - Secretary 83,503 1
11.00 - Office Specialist 974,501 1
44.00 - Marked Unit 955,354 2
7.00 - Marked Unit - Slick Top 156,818 2
2.00 - Marked K-9 Unit 48,323 2
17.00 - Unmarked Unit 193,698 2
2.00 - Unmarked Unit (Non-Code 3) 15,130 2
3.00 - Command Staff Vehicle 47,223 2
11.00 - Pickup truck 122,866 2
1.00 - Citizen Patrol 8,415 2
1.00 - Truck - Grant Funded (Comm Only) 686 2
1.00 - Citizen Patrol Donated SUV (Equip & Comm Only) 2,480 3 Dispatch Services 2,028,027 1
156.00 - HTs (Amortization, Access & Maintenance) 239,304
3.00 - Radios for Command Unit (Access Only) 2,007
3.00 - Additional MDCs (Access Only) 1,712
7.00 - Additional MDCs 8,684
105.00 - Taser Replacement (Amortized over 5-years) 35,280 Administrative Support 190,858
Office Automation 460,393
Body Worn Cameras 141,426
Vehicle Insurance 163,522
Personnel Liability & Bonding 2,249,803
Workers' Comp Experience Modification 218,205 County Administrative Cost 545,051
Startup Cost 4,493
Cost for FY2024-25 $ 38,000,369 1-4
Monthly Payment Schedule
$3,166,702
2nd through 12th payments due the 5th of each month: $3,166,697 1 2
3 4
5 Grant funded, donated and non-replaceable vehicles w ill incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.
Services and supplies will be billed to the City on a quarterly invoice.
No replacement cost is included for grant funded or donated vehicles.
LEVEL OF SERVICE
1st payment due July 15, 2024:
Personnel costs include salary and benefits and a re subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.
Vehicle costs do not include fuel and m aintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.
Revised 1/10/23 Page 4 of 4
SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2024-25
Additional Costs Billed Quarterly:
The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors-approved changes to Memorandums of Understanding with the County’s various employee organizations. • Actual overtime cost.
• Actual on-call cost (on call pay for safety employees for 2024-25 is $195 per week. • Actual cost of vehicle fuel, repair and maintenance, including the cost of collision repair. • Actual services for services and supplies.
SAFETY: GENERAL:
Captain - 1.00 Sheriff’s Service Specialist - 16.00
Lieutenant - 2.00 Fiscal Specialist - 1.00
Sergeant - 10.00 Crime Analyst - 1.00
Detective/Corporal - 10.00 Secretary I - 1.00
Deputy Sheriff Tier 2 - 74.00 Office Specialist - 11.00 Deputy Sheriff Tier 2 - Mall - 1.00 Dispatchers - 13.93 Deputy Sheriff- K-9 Officer - 1.00 43.93
School Resc Officer - 7.00
School Resc Officer K-9 - 1.00
107.00
VEHICLES: DONATED VEHICLES LIST:
Marked Patrol Units - 44.00 Citizen Patrol - Jeep Patriot - 1.00 * Marked Patrol Units-Slick Top - 7.00 Ford E250 Van - 1.00 * Marked Patrol Units- K9 SUV - 2.00 Trailer - Universal - 1.00 * Unmarked Units - 17.00 Trailer - Fast870 - 2.00 *
Command Staff Units - 3.00 Command Unit (Morgan Olson Route Star) - 1.00 * Unmarked Units Non-code - 2.00 6.00 *
Pickup Trucks - 11.00
Citizen Patrol - 1.00
Donated Vehicles-Ins Only - 6.00 *
93.00 * (Included for insurance costs only)
LEVEL OF SERVICE SUMMARY
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor Victorville City Code
Enforcement/Animal Control
Contractor Representative Elizabeth Becerra, Mayor
Telephone Number (760) 955-5000
Contract Term 07/01/2023 through 6/30/2026
Original Contract Amount $31,470 (07/01/24 – 06/30/25 Only) Amendment Amount --------------
Total Contract Amount $31,470 (07/01/24 – 06/30/25 Only) Cost Center 4430001000
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, San Bernardino County (COUNTY) provides dispatch services throughout the geographical boundaries of the COUNTY; AND
WHEREAS, City of Victorville (CONTRACTOR) desires to enter into an Agreement with the COUNTY for dispatch services within the territorial boundaries of the CONTRACTOR; NOW, THEREFORE, the parties agree as follows:
A. SCOPE OF SERVICES
COUNTY, through the San Bernardino County Sheriff/Coroner/Public Administrator Department (SHERIFF), shall provide emergency dispatching for the CONTRACTOR during the term of this Agreement.
A.1 The emergency dispatch services to be provided by COUNTY to CONTRACTOR hereunder shall include:
A.1.1 Operate and monitor radio and communications equipment in accordance with FCC Regulations.
A.1.2 Monitor the location and status of field units.
A.1.3 Assign back-up assistance as warranted for field personnel.
A.1.4 Receive radio calls and inquiries from personnel, input information, and archive records.
Contract Number
SAP Number
N/A
Revised 2/8/24 Page 2 of 5
A.1.5 Query and/or research computerized data banks for information requested.
A.1.6 Operate the Computer Aided Dispatch (CAD) system, Central Name Index (CNI), California Law Enforcement Telecommunications System (CLETS), and National Crime Information Center (NCIC) system.
A.1.7 Provide assistance and make phone calls at the request of field units for tows, notifications, etc.
A.1.8 Track calls for statistical purposes.
A.2 Emergency dispatch services provided by SHERIFF for the CONTRACTOR on a twenty-four (24) hour per day basis. Any dispatching services provided outside of standard operations will be compensated at the overtime rate. CONTRACTOR shall provide a schedule for planned special operational events.
Any training in radio operations and procedures for the CONTRACTOR personnel will be provided by the SHERIFF and compensated at the overtime rate. The training hours and frequency will be at the discretion of the SHERIFF.
A.3 SHERIFF’s representative(s) shall attend CONTRACTOR meetings, when practicable, and such other meetings as necessary in carrying out services under this Agreement.
A.4 The services provided by the COUNTY hereunder shall include all equipment (including repairs thereto or depreciation thereon), supplies, communications, administration, labor, vacation and sick leave, any COUNTY retirement contributions, travel expenses, and all other services, obligations, or expenditures necessary or incidental to the performance of the duties to be performed by the SHERIFF under the terms of this Agreement. Notwithstanding the foregoing, in all instances where special supplies, stationary, notices, forms, and the like are to be issued in the name of the CONTRACTOR and approved by the SHERIFF, the same shall be supplied by the CONTRACTOR at its own cost and expense.
B. STANDARDS OF PERFORMANCE
B.1 The standards of performance, the methods of performance, the discipline and control of personnel, the determination of proper dispatching practices and procedures, and all other matters incidental to the manner of performance of services by SHERIFF hereunder shall be determined by the S HERIFF at his sole discretion. The responsibility of SHERIFF and of COUNTY to CONTRACTOR hereunder shall be to provide, as an independent contracting agency, effective dispatching at the level herein contracted for, and the CONTRACTOR shall not have the right to determine or direct the manner or means of the performance.
B.2 All persons directly or indirectly employed by COUNTY in the performance of the services and functions to be provided to the CONTRACTOR hereunder, shall be employees of the COUNTY, and no COUNTY employees shall be entitled to CONTRACTOR’s pension, civil service, or other status or right.
B.3 CONTRACTOR shall have the right, at any time and from time to time, during the term of this Agreement to request a higher level of dispatching than that herein contracted for, and within a reasonable time after such requests, COUNTY shall provide such addi tional personnel as may be required to provide such additional dispatching services. Adjustment of contracted costs may be necessary.
B.4 To facilitate the performance of services hereunder by COUNTY; the CONTRACTOR, its officers, agents, and employees shall give their full cooperation and assistance within the scope of the duties and responsibilities of such officers, agents, and employees.
B.5 SHERIFF shall designate a representative to work directly with and provide liaison with the CONTRACTOR. The SHERIFF’s representative shall make reports as may be appropriate as determined by the SHERIFF, with respect to dispatching services provided to CONTRACTOR.
Revised 2/8/24 Page 3 of 5
C. TERM AND TERMINATION
The term of this Agreement shall be for a period of three years beginning July 1, 2023 and ending on June 30, 2026. Notwithstanding the foregoing, this Agreement may be terminated at any time with or without cause by CONTRACTOR or by SHERIFF upon written notice giv en to the other party at least ninety (90) days prior to the date specified for such termination. Any such termination date shall coincide wit h the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subseque nt to the date of termination. Neither party shall incur any liability to the other by reason of termination.
D. FISCAL PROVISIONS
D.1 CONTRACTOR shall pay SHERIFF the sum of money per Schedule A attached hereto and incorporated herein by reference. SHERIFF shall invoice CONTRACTOR for the cost of services quarterly in arrears, plus overtime, if any. SHERIFF shall submit a quarterly invoice including any overtime generated during the previous quarter for hours of service outside of this Agreement, outlined in the Scope of Services provision. Payment shall be due within forty -five (45) days from the date of each invoice.
D.2 Schedule A reflects the rates in effect at the Execution of this Agreement. SHERIFF shall have the right to adjust these rates annually and any subsequent rate change(s) shall become effective on July 1 of the COUNTY fiscal year (July 1 through June 30). Such rate change(s) is(are) affected by the service provided during the prior year and increased costs. SHERIFF shall provide notice to CONTRACTOR of pending rate change(s) by providing CONTRACTOR with a revised Schedule A, which shall be signed by CONTRACTOR and returned to SHERIFF.
D.3 If a change in service level is requested or required during the fiscal year, SHERIFF shall provide a revised Schedule A , incorporating such changes, which shall be signed by CONTRACTOR and returned to SHERIFF. CONTRACTOR’s subsequent invoice shall be adjusted in accordance with the rate change(s).
D.4 COUNTY reserves the right to reduce the level of dispatching services resulting from labor relations actions and CONTRACTOR’s obligation to pay COUNTY shall be reduced for services not performed for that reason.
E. INDEMNIFICATION AND INSURANCE REQUIREMENTS
E.1 Indemnification
The CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (“Indemnitees”) from any and all direct claims, actions, losses, damages and/o r liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by la w. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The CONTRACTOR indemnification obligation does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
E.2 Insurance
Both CONTRACTOR and COUNTY are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers’ Compensation.
CONTRACTOR and COUNTY warrant that through their respective program of self -insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
Standard Contract Page 4 of 5
E.3 Waiver of Subrogation Rights
CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CONTRACTOR and CONTRACTOR’s employees or agents from waiving the right of subrogation prior to a loss or claim.
The CONTRACTOR hereby waives all rights of subrogation against the COUNTY.
E.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County.
F. NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County Sheriff’s Department
Bureau of Administration, Contracts Unit
San Bernardino, CA 92415-0061
Fax: (909) 387-3444
City of Victorville
Code Enforcement/Animal Care & Control
14343 Civic Drive, P.O. Box 5001
Victorville, CA 92393-5001
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
G. AUTHORITY
The SHERIFF shall have the right to exercise the COUNTY’s authority under this Agreement including the right to give notice of termination on behalf of the COUNTY at his sole discretion.
H. AGREEMENT AUTHORIZATION
The CONTRACTOR warrants and represents that the individual signing this Agreement is a properly authorization representative of the CONTRACTOR and has the full power and authority to enter into this Agreement on the CONTRACTOR’s behalf.
I. ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages, Schedule A, and Exhibits A, B, and C are attached hereto and incorporated by reference, represents the final, complete and exclusive agreem ent between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein.
This Agreement and, if applicable, any subsequent amendments, may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The partie s shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
Revised 2/8/24
[With the exception of signatures, this page is intentionally left blank].
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY City of Victorville
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 10500 Civic Drive
Victorville, CA 92393
Revised 2/8/24
ANNUAL SERVICE FEE
Salary and Benefits:
0.25 Dispatcher ($125,879 x 25%) $31,470
ANNUAL COST: $31,470
$7,867.50
Overtime will be billed in arrears at a rate of $60.54 per hour * QUARTERLY PAYMENT:
OVERTIME
*The fees on this Attachment reflect fees from SCHEDULE A Law Enforcement Services Contract for fiscal year 2022-23 and will be adjusted annually.
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
SCHEDULE A
EMERGENCY DISPATCH SERVICES
CITY OF VICTORVILLE
CODE ENFORCEMENT/ANIMAL CONTROL
FY 2024-25 *
Revised 2/8/24
San Bernardino County Sheriff’s Department
EXHIBIT A
RADIO COMMUNICATIONS ACCESS TERMS FOR
NON-LAW ENFORCEMENT CONTRACTORS
The following requirements selected by checkmark shall be met by the contractor prior to radio communications equipment being issued to designated personnel under this agreement:
In compliance with the DOJ CLETS Policies, Practices and Procedures (PPPs):
Livescan performed under Sheriff’s ORI
Employee signed “CLETS Employee/Volunteer Statement” form Certificate of completion of the mandated 4 hour CLETS training for practitioners Agency signed “Release of Information From the California Law Enforcement Telecommunications System” with supporting documentation
In compliance with the Sheriff’s Department recommendations:
Certificate of completion of the Radio communications course Certificate of completion of the Citizens on Patrol (COP) 40 hour Academy Certificate of completion of the PC832 coursework
Employee signed “Notice of Confidentiality of Department Information” Employee signed “Orientation Form”
24 hour city contact number in the event of emergencies Complete employee roster
The following requirements must be met in accordance with the DOJ CLETS PPPs and Sheriff’s Department recommendations to maintain ongoing access:
Biennial CLETS Recertification
“Release of Information From the California Law Enforcement Telecommunications System” to be updated triennially or in the event of any change of agency head Complete employee roster to be re-submitted annually or in the event of any personnel changes Revised 2/8/24
San Bernardino County Sheriff’s Department
EXHIBIT B
NOTICE OF CONFIDENTIALITY OF DEPARTMENT
INFORMATION FOR NON-LAW ENFORCEMENT CONTRACTORS
As a Contractor with the Sheriff’s Department, personnel may be exposed to law enforcement sensitive information in several different media formats. Much of this information is completely confidential and cannot be disclosed except as provided by law or Department policies and procedures. To ensure radio operators are compliant with the law and Department policies and procedures they shall adhere to the following:
1. Contractors shall not disclose or allow access to information contained in or obtained from Local Summary Criminal History Information, records maintained by State Department of Justice, or material, documents and information received from the Federal Bure au of Investigation or any other agency of State or Federal government, unless such disclosure or access is authorized by law.
2. Contractors shall not use any information derived from any Sheriff’s Department sources or records for personal gain or use, except as authorized by law or Department policies and procedures.
3. Contractors shall not permit any person to receive information connected with the operation of the Sheriff’s Department without permission of the Sheriff or as otherwise provided by law or Department policies and procedures.
4. Contractors shall not disclose to anyone the fact or the nature of any investigation, except as provided by law or Department policies and procedures.
5. Contractors shall not give any unauthorized person any information concerning the location of records, weapons, ammunition, the number of deputies on duty, shift assignment or patrol beat areas.
6. Serving the public provides each of us with a great responsibility. Consequently, there can be no compromise in the requirement for all Contractors to follow the Sheriff’s Department policies and procedures on records and information and this “Notice of Confidentiality of Department Information.” Violations of said requirements shall subject Contractors to disciplinary action and possible revocation of access.
7. Penal Code Section 1142, relating to State Summary Criminal History Information, provides as follows:
Penal Code Section 1142. Authorized person furnishing record or information to unauthorized person, misdemeanor.
Any person authorized by law to receive a record or information obtained from a record who knowingly furnished the record or information to person who is not authorized by law to receive the record or information is guilty of a misdemeanor.
8. Penal Code Section 13302, relating to Local Summary Criminal History Information, provides as follows:
Penal Code Section 13302. Furnishing to unauthorized person by authorized person.
Any person of the local criminal justice agency who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to receive the record or information is guilty of a misdemeanor.
I have read and understand the Notice of Confidentiality of Department Information.
Staff Name: ___________________________________________________ Date: ____________________ Staff Signature: ________________________________________________ Date: ____________________ Revised 2/8/24
San Bernardino County Sheriff’s Department
EXHIBIT C
Expectations and Prohibited Duties
of Non-Law Enforcement Radio Operators
I understand and agree to the following expectations upon issuance of radio communications equipment.
Complete the following training and forms:
• Submission of Livescan
• CLETS Training
• CLETS Employee/Volunteer Statement Form
• Citizen on Patrol Academy
• Radio Communications Course
• PC832 Certification
• Notice of Confidentiality of Department Information
Upon completing training, I will maintain the following as a regular radio operator:
• Biennial CLETS Recertification
• Compliance with Sheriff’s Department radio communication standards I understand and agree, that as an employee of a non -law enforcement agency I am prohibited from performing any function requiring general law enforcement. In addition, I understand that enforcement of park rules and municipal ordinances is not law enforcement related.
Prohibited duties include, but are not limited to the following:
• Perform any law enforcement duties
• Perform security at events or functions
• Perform criminal investigations
• Conduct 9-1-1 follow ups
• Area searches for criminal suspects
• Crime scene protection
• Prisoner transportation or security
• Standby with deceased person(s) awaiting coroner
• Standby for tow truck operations
Radio Operator Name: ________________________________________________________________ (Print) Radio Operator Signature: __________________________________________ Date: ___________________