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® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT ❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: City Manager Item No: C8
Kathy Valdez, City Clerk
Prepared by: Sara Trench, Management Analyst Meeting Date: October 25, 2022 Approved by: Amanda Lee, Assistant City Manager Agenda Location: Consent Calendar SUBJECT: SCHOOL RESOURCE OFFICERS —VISTA UNIFIED SCHOOL DISTRICT AGREEMENT RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving an agreement between the Vista Unified School District and the City of Vista for two special purpose officers.
CORRELATION TO CITY COUNCIL GOALS: (1) Public Safety, and (2) Fiscal Responsibility.
PRIOR ACTION: On March 8, 2022, adopted City Council Resolution No. 2022-25, approving the agreement between the City of Vista, the County of San Diego, and the San Diego County Sheriff for municipal law enforcement services (Vote: 5-0).
On August 8, 2006, adopted City Council Resolution 2006-175, approving an agreement with the Vista Unified School District (VUSD), and authorizing the Mayor to sign the agreement (Vote: 5-0).
STATEMENT ON THE SUBJECT: In 2006, the City entered into an agreement with the Vista Unified School District (VUSD) and the San Diego County Sheriff's Department for two special purpose officers to be assigned as school resource officers at each of the two comprehensive high schools located in the City. The agreement originally shared the costs in a one third (the City) and two thirds (VUSD) arrangement but a 2011 amendment assigned VUSD a sixty percent share and the City a forty percent share. In November of 2019, due to budget constraints, the VUSD Board of Trustees voted to terminate the agreement.
In July 2022, VUSD asked the City to re-instate the special purpose officers and to enter into a cost sharing agreement for the appointment of two school resource officers to be placed at each of the comprehensive high schools located in the City. Under the agreement, the City will be responsible for 40 percent of the cost of the officers and VUSD will pay the remaining 60 percent. The City will request the placement of the officers under its separate agreement with the San Diego County Sheriff's Department.
It is understood and agreed that the Sheriff's Department is not a party to this agreement and the City's request under this agreement is subject to the Sheriff's Department approval. The Sheriff's Department anticipates being able to fill the positions in January 2023. The VUSD Board of Trustees approved the agreement at their October 13, 2022, meeting.
FISCAL IMPACT: The cost per deputy is approximately $300,000 per year and the City will be responsible for 40 percent of the cost ($120,000 per deputy); approximately $240,000 total per year. Due to budget savings, the City's portion of the funding for Fiscal Year 2022/23 is available in the Law ACTION: Approved above recommendation, adopted City Council Resolution No. 2022-154.
Vote: 5-0
Clerk/Sec tary
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MEETING DATE: October 25, 2022 PAGE 2
SUBJECT: SCHOOL RESOURCE OFFICERS—VISTA UNIFIED SCHOOL DISTRICT AGREEMENT Enforcement Contract with Other Agencies Account (No. 0010200.521010). A budget adjustment to recognize VUSD's contribution will be included in the First Quarter Budget Report. The cost of future years will be included in subsequent operating budgets.
EXHIBITS:
1. City Council Resolution No. 2022- , approving an agreement between the Vista Unified School District and the City of Vista for two special purpose officers
2. Agreement between Vista Unified School District and the City of Vista
3. Current Sheriff's Department contract with the City of Vista 10/25/2022 C8 2 of 44
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE VISTA
UNIFIED SCHOOL DISTRICT AND THE CITY OF VISTA FOR TWO SPECIAL
PURPOSE OFFICERS
The City Council the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The Vista Unified School District (VUSD), the City of Vista (City) and the San Diego County Sheriff's Department entered into an Agreement for Two Special Purpose Officers on August 8, 2006 that terminated in November of 2019 due to budgetary constraints.
B. The VUSD now requests that two special purpose officers be assigned as school resource officers at each of the two comprehensive high schools in the City and that the City share the cost of said officers.
C. The City can request the placement of two school resource officers under its separate agreement with the San Diego County Sheriff's Department dated March 30, 2022 and the City has determined it is in the best interest of the community to do so.
D. The City and VUSD desire to entire into an agreement to provide for two special purpose officers.
2. Action.
A. The agreement between the Vista Unified School District and the City of Vista to for two special purpose officers is approved and the Mayor is authorized to execute the agreement.
3. Adoption. PASSED AND ADOPTED at a meeting of the Vista City Council held on October 25, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM: JUDY RITTER, MAYOR
WALTER CHUNG, CITY ATTORNEY
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
By:
APPROVED
Amanda L.Guy
20221017160550
EXHIBIT 1
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AGREEMENT
BETWEEN THE VISTA UNIFIED SCHOOL DISTRICT and
THE CITY OF VISTA FOR TWO SPECIAL PURPOSE OFFICERS
This Agreement is made between the City of Vista, a municipal corporation(hereinafter referred to as "CITY"), the Vista Unified School District(hereinafter referred to as "DISTRICT"), who agree as follows:
1. Term of Agreement. This Agreement requires approval of the City Council and the Board of Trustees and is effective on the date of the final signature of the parties ("Effective Date"). This Agreement shall renew annually up to a maximum of five (5) years unless terminated as provided in paragraph 7 below.
2. Purpose and Scope of Agreement. CITY and DISTRICT desire to place one Special Purpose Officer full time at each of the DISTRICT's comprehensive high schools and for those positions to stop by the continuation/alternative high schools at least once every two weeks and assist on those campuses when available. CITY shall request this placement of two Special Purpose Officers, consistent with the Job Description attached as Exhibit A, under its separate agreement with the San Diego County Sheriff's Department("Sheriff's Department") dated March 30, 2022 ("Sheriff/City Agreement"). It is understood and agreed that the Sheriff's Department is not a party to this agreement and that the CITY's requests under this Agreement are subject to the Sheriff Department's approval and discretion to allocate law enforcement resources, as described in the Sheriff/City Agreement.
3. School Resource Officer Program Goals and Objectives. DISTRICT officials have the following goals and objectives with regard to the School Resource Officer(SRO)program in the schools:
3.1 To foster educational programs and activities that will increase student's knowledge of and respect for the law and the function of law enforcement agencies using the Special Purpose Officers (SPO) for instruction and presentations;
3.2 To foster educational programs and activities that will increase student, parent and staff knowledge in the areas of alcohol and illegal substance use and gang identification using the SPO for instruction and presentations;
3.3 To make a peace officer available to serve as a mentor and role model for students;
3.4 To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school, such as: disorderly conduct, trespassers, the possession and use of weapons on campus, the illegal sale,use and distribution of controlled substances and alcohol, gang activity, and riots;
3.5 To act as an integral part of the Crisis Response team, and to review and give input regarding the Comprehensive School Safety Plan, including assisting in the coordination of campus security;
3.6 To report serious crimes that occur on campus and to cooperate with law enforcement officials in the investigation of crimes that occur at schools;
3.7 To cooperate with law enforcement officials in the investigations of criminal 001088302 1
EXHIBIT 2
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offenses which occur off campus;
3.8 To work cooperatively to reduce the incidence of truancy by students; and
3.9 To increase school administrator's knowledge of the law and procedures and protocol of law enforcement agencies using the SPOs as a resource and for presentations.
4. Annual Review of Agreement. This agreement shall be reviewed each year, and the DISTRICT will need to notify the CITY, no later than April 15th of any requested changes to facilitate any changes to the SRO staffing requested from the San Diego County Sheriff's Department by the CITY for the next academic year. If the CITY is not notified by DISTRICT of a requested staffing change by April 15th, then the then-current SRO(s)will be funded for the next fiscal year.
5. Fiscal Responsibilities. CITY agrees to pay 40 percent of the cost of the Special Purpose Officers. The DISTRICT agrees to pay the remaining 60 percent. CITY will prepare and submit quarterly billings to DISTRICT for the DISTRICT's cost of the assigned Special Purpose Officers.
An estimated cost breakdown for the Special Purpose Officers is attached as Exhibit B.
6. Liability and Indemnification. Pursuant to Section 895.4 of the Government Code, DISTRICT and CITY agree that each will assume the full liability imposed upon it or any of its officers, agents or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, and each party agrees to indemnify and hold harmless the other parties for any loss, cost or expense that may be imposed upon such other parties by virtue of Sections 895.2 and 895.6 of the Government Code.
7. Termination. Any party may terminate this Agreement by tendering written notice to the other parties thirty (30) days prior to the effective date of the termination.
8. Amendments. Any party may request a re-opener of this Agreement to discuss the terms and conditions of the Agreement.
9. Notice. Any notice required or permitted under this Agreement shall be deemed given when actually delivered or when deposited in the mail, certified or registered, postage prepaid, addressed as follows:
DISTRICT: Attn: Ami Shackelford
Assistant Superintendent, Business Services
1234 Arcadia Avenue
Vista, CA 92084
CITY Attn: Kathy Valdez
City Clerk
200 Civic Center Drive
Vista, CA 92084
[Text and signatures continued on page 3.]
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10.Execution.
IN WITNESS WHEREOF; the parties hereto have executed this Agreement as of the Effective Date.
CITY DISTRICT
City of Vista, a chartered municipal Vista Unified School District corporation
By: By:
JUDY RITTER,MAYOR
ATTEST: Name/Title
KATHY VALDEZ,CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG,CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON,RISK MANAGER
By:
APPROVED
Amanda L.Guy
20221003095742
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EXHIBIT A
SCHOOL RESOURCE OFFICER-DEPUTY SHERIFF
JOB DESCRIPTION
THE POSITION:
The School Resource Officer(SRO) acts as the direct liaison between law enforcement and the Vista Unified School District. This position is a basic investigations position. The position is contracted to include the 5% detective premium.
DUTIES:
The position requires the deputy to initiate investigations, make arrests and conduct follow up investigations, including processing of crime scenes, and interviews of victims, witnesses, and suspects; prepare and submit narcotic,property crime and other criminal cases involving school district students and employees for presentation to the District Attorney for issuance of complaints for criminal prosecution. When applicable, deputies will review cases and utilize diversion resources to assist in mentoring at risk youth. The deputy will also prepare and obtain search and arrest warrant affidavits, complete the service and make returns to the appropriate court. Because this position has a strong emphasis placed on pro-active enforcement the deputy will assist the school district officials with Education Code violations, truancy, security at school functions, and student hearings submitted to the District and County Boards of Education. The deputy will also give presentations that teach drug, alcohol, and gang awareness to parents, students, teachers and school employees of the district. The SRO will also respond to law enforcement and civil emergencies; keep monthly statistics on cases and dispositions; attend patrol briefings; establish liaison with the District Attorney's office and other local law enforcement agencies. The SRO will participate in the Vista Station's Mobile Field Force contingent as needed or directed. The SRO's will stop by the continuation/altemative high schools at least once every two weeks and assist on those campuses when available.
SROs will ordinarily work Monday through Friday, eight and a half contiguous hours each day. Meal periods for SROs shall be one-half hour inclusive of their regular workday regardless of the length of their shift. The start and end times of the workday of each SRO will be established by agreement of the SRO and the principal or the principal's designee. SROs servicing the high schools shall make every effort to schedule workdays every regular student attendance day. Comp/vacation time shall be preapproved by the Sheriffs supervisor and preferred to be taken on workdays when students are not in attendance when possible.
In the performance of their duties, SROs shall coordinate and communicate with the principal, or the principal's designee, of the school(s)to which they are assigned. In the event an SRO is absent from work when school is in session, the SRO shall notify both his/her Sheriff's supervisor, the principal or their designee of the schools to which the SRO is assigned. 001088302 4
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MINIMUM QUALIFICATIONS:
Successful completion of probationary period.
Two (2)years of patrol experience, one (1) of which must be with S.D.S.D.
GENERAL KNOWLEDGE OF:
- Sheriffs Department Policy and Procedures
-Federal, State and County statutes, with emphasis on the Education Code - Current laws and opinions on search and seizure
- Crime scene processing and evidence collection
- Crime Prevention
-Juvenile laws and procedures
- Criminal Justice System
- Community Policing Principles
-Information Led Policing
DESIRED QUALITIES:
-Write clear and accurate reports
- Good oral and written communications skills,with emphasis on public speaking and classroom presentations
-Effective interviewing techniques
-Family counseling skills
- Demonstrated ability to work well independently and without close supervision. -Ability to work closely with other agencies
- Ability to work with computers as information sources and generally overall good computer skills - Group communications skills
-Ability to work within political arenas
-Ability to work closely with peers and in a team setting -Demonstrated ability to follow through on criminal cases -Ability to work well with youth
-Ability to be creative and flexible in nature when dealing with new problems or developing new program areas
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EXHIBIT B
SCHOOL RESOURCE OFFICER—COST BREAKDOWN
FY2022-23
Estimated Cost-Year One- Per Deputy
Salaries & Benefits* $109,319.26
Services & Supplies* $313.57
Equipment-New Vehicle $58,779.99 midsize patrol SUV Equipment-Vehicle Management and $19,050.98
Maintenance*
FY 22-23 Departmental Overhead 24.3% $26,564.58
Start-up Cost $24,308.00
Total Estimated Cost $238,336.38
*Prorated amount based on a start date of 01/01/2023 (6 months) Estimated Cost-Year Two- Per Deputy
Salaries & Benefits $218,638.52
Services & Supplies $627.14
Equipment-Vehicle Management and $38,101.95
Maintenance
FY 22-23 Departmental Overhead 24.3% $53,129.16
Total Estimated Cost $310,496.77
001088302 6
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AGREEMENT BETWEEN THE CITY OF VISTA, THE
COUNTY OF SAN DIEGO, AND
THE SAN DIEGO COUNTY SHERIFF
FOR MUNICIPAL LAWENFORCEMENT SERVICES
This Agreement is between the City of Vista, 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 "SHERIFF".
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 SHERIFF currently provides municipal law enforcement services to CITY pursuant to an agreement dated July 1,2017; and WHEREAS, CITY and COUNTY through SHERIFF 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 Vista on March 8,2022 authorized the Mayor 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. 1 EXHIBIT 3
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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 5 1 300-5 1 308, 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
COT iNTY through SHFR IFF shall provide.municipal law enfnrcement services to CTTY as follows:
A. 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.
B. Law Enforcement Services
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 2 10/25/2022 C8 11 of 44
described in Section IV. Staffing for Law Enforcement Services shall be provided in Section 1V.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. Ref�ional Services
In addition to the services listed above,the following regional services are provided to CITY at no cost: Special Enforcement Detail (SED); Aerial Support to Regional Enforcement Agencies(ASTREA); Bomb/Arson; Search and Rescue; Fire/Rescue helicopter; Crime Lab; and Property and Evidence.
E. 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
1. General
COUNTY through SHERIFF may provide supplemental Law Enforcement Services or additional related equipment and supplies as requested by CITY. Additional Services 3 10/25/2022 C8 12 of 44
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.
2. Requests
Requests for Additional Services shall be made to SHERIFF 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. If 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, SHERIFF shall provide such Additional Services to CITY and shall be reimbursed for the actual cost of providing the Additional Services subject to Section V.13.2. 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. 4 10/25/2022 C8 13 of 44
H. Emergencies
1. General
Notwithstanding any other provisions of this Agreement, in the event of an emergency occurring within CITY, SHERIFF 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. 'I'emporary Mities
SHERIFF's personnel assigned to perform services for CITY under this contract ("SHERIFF's contract city personnel") may be required to perforrn 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.
3. Redeployment of Staff
During the period of any public safety emergency or exigent circumstance such as responding to mutual aid requests, SHERIFF's contract city personnel may be temporarily redeployed for emergency response. If reasonable and practical, SHERIFF 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
The term of this agreement shall commence at midnight July 1, 2022, and shall continue in effect through and tenninate at midnight of June 30,2027, subject to the tennination provisions in Section III.B. below.
5 10/25/2022 C8 14 of 44
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 communications.
B. Performance Standards
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.
6 10/25/2022 C8 15 of 44
3. Traffic Services
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.
4. Jsecial 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 7 10/25/2022 C8 16 of 44
positive activities, such as mentoring programs, community coalitions or task forces.
6. 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-tern 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. 8 10/25/2022 C8 17 of 44
C. Assignment of Personnel
1. Sheriff s 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
If CITY has specific concerns regarding the actions of any deputy, agent or employee who perfonns Law Enforcement Services, CITY may address those concerns with the Station Commander serving CITY,
4. Liability for Payinent ol''1'4'ages
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.
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D. Staffinp,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.
E. 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.
F. 'Vehicles, Equipment,and Supplies
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 100,000 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 10 10/25/2022 C8 19 of 44
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 O►vnershin
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. Safet%- Equij)ment
Safety equipment(firearms,uniforms, leather gear,etc.)ownership will be retained by the COUNTY.
4. Facilities
CITY shall retain ownership of facilities that CITY constricted for the purpose of use as a Sheriffs station. SHERIFF's payment to CITY is a lease payment only.
H. :Xlemberships
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 11 10/25/2022 C8 20 of 44
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).
1. Contract Administration
1. County Representative
COUNTY designates SHERIFF or their designee to represent COUNTY in all matters pertaining to the administration of the Agreement.
2. Cite 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 12 10/25/2022 C8 21 of 44
Law Enforcement Technical Advisory Committee(CLETAC). 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 Reguirements
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
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, 13 10/25/2022 C8 22 of 44
military,sick leave,holidays,jury duty, leave without pay, related training,and vacation but does not provide coverage or include costs required to maintain coverag 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"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 I1.G, based upon the actual costs incurred by SHERIFF to provide those services.
C. Cost Model Components
1. COS( 1'10del De�ilopnurll(
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
14 10/25/2022 C8 23 of 44
{
3. Station Sli a oil Slaf't'Casts
CITY shall pay for station support staff,which includes:
a) Lieutenants
b) Captains
c) Administrative Secretary I& 11
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 Casts
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 Analysis Unit
15 10/25/2022 C8 24 of 44
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. ()�rrhea[i f[ndir eet[`nstsl
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 1"and any requested adjustments shall be used to allocate Station Support staff and apply Overhead, for contract year starting the following July I"
16 10/25/2022 C8 25 of 44
7. Stat'f:Added :after Mai- I st
For positions added after May I",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 1"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 V
If a CITY deletes a position after May I",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 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.
2. Fixed Cost Increase for Years Two Th rough F i,.
Cost increases for each CITY will be 1%in year two, 3.5% in year three, 17 10/25/2022 C8 26 of 44
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.
E. Liability
1. Agreement Years One,Two,Three, Four and Dive
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.
2. 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.
F. Rate of Compensation
1. First Year
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.13.2,above.
2. Subseuuent Years
a. Cost Detail
By April 1"of each year, SHERIFF shall provide CITY with service costs for the upcoming fiscal year(July 1 through June 30). The cost 18 10/25/2022 C8 27 of 44
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
By May 1"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 minima n 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.
C. Updated Total Cost for Requested Level of Service
By June 1"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.0 and V.D, above. Attachment B shall be effective July I s`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 19 10/25/2022 C8 28 of 44
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 tenn of this Agreement.
G. Mid-Year Adjustments to Basic Services
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.
H. 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. RiiiiitL 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.I above. SHERIFF will deduct the amount of the credit from the total 20 10/25/2022 C8 29 of 44
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.
I. Booking_Fe_es/Jail Access Fee
Effective July 1,2007, 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 of CITY'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.
J. 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.
K. 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 cut-rent Federal Asset Seizure 21 10/25/2022 C8 30 of 44
Guidelines.
L. 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
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(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 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 22 10/25/2022 C8 31 of 44
brought by an employee of CITY or any contract labor provider retained by CITY.
B. Defense and Indemnity;Acts and Omissions
1. Claims.Actions or Proceedinp-s 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:
(1) 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 I'roceedinps 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 orprocceding and cooperate fully in the defense.
3. Claims,Actions or Proeeedinp_s 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 23 10/25/2022 C8 32 of 44
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 lnvestleation 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 infonnation 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 V1.B.I 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 Vl.B.l,above. However, if there continues to appear to be a 24 10/25/2022 C8 33 of 44
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.1, 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 defend 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
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 25 10/25/2022 C8 34 of 44
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
Mayor
City of Vista
200 Civic Center Drive
Vista, CA 91932
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 26 10/25/2022 C8 35 of 44
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 AP-regiment
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 27 10/25/2022 C8 36 of 44
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.
H. 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.
1. 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.
J. Cooperation
ration
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.
L. Seyerability
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 28 10/25/2022 C8 37 of 44
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.
O. Disuicte 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 29 10/25/2022 C8 38 of 44
Supervisors and the SHERIFF.
IN WITNESS WHEREOF.the CITY,by resolution duly adopted by its City Council on March 8,2022,has approved the execution of this contract by its Mayor,and the COUNTY, by order of its Board of Supervisors January 25, 2022(2) has approved the execution of this contract on the 25"' Day of January,2022.
CITY OF VISTA COL!
ayor ' erk of the Board of Supervisors
Mchm Pcft
Approved by City Council Approved by Board of Supervisors A c t i o ActionI 4r Lm-
Date _ 0��___- - Date -.�"AVAW
By:_ f d By:
APPROVED
Darold Pieper
0742 22Q3C3
Approved as to form and legality Approved as to form and legality By: By: l w —...—
City Attorne County Counsel
Date t3Z$.7 Date 3° .20-4% —
ATTACHMENTS TO THIS AGREEMENT
/Sui
d and/or authorized by the
Boarisors of the county of San Diego.
A: Services CostB: City Costs Meetin — Minute Order No—a, C: Overhead Cost Detail By:_ te. 'Oq-
D: Lability Fund Historyaha BDard Supery stirs
E: Standardized Equipment List
30 10/25/2022 C8 39 of 44
ATTACHMENT A
CONTRACT LAW ENFORCEMENT PROGRAM
SERVICE COSTS
FY22-23
SALARY& START UP RADIO
SERVICE CATEGORY BENEFITS COSTS REPLACEMENT
(Prorate (Full) (Prorate
If partial year) if partial year)
STAFF:
Deputy Patrol $218,638.52 $24,308.00 $627.14
Deputy Traffic $218,638.52 $24,308.00 $627.14
Deputy Motor $233,892.37 $24,308.00 $627.14
Deputy SPO $218,638.52 $24,308.00 $627 14
Detective $228,807.75 $24,308.00 $627.14
CSO $95,743.97 $13,948.00 $627.14
Sergeant $282,742.95 $24,308.00 $627.14
Lieutenants $298,985.45 $24,308.00 $627.14
Captains $348,008.22 $24,308.00 $627.14
Admin Sec II $103,933.48 $8,749.00 $0.00
Admin Sec 1 $88,265.16 $8,749.00 $0.00
Office Assistant $83,056.40 $8,749.00 $0.00
Office Support Specialist $100,165.83 $8,749.00 $0.00 Sr.Office Assistant $98,016.65 $8,749.00 $0.00
Sheriff's Prop&Evid Spec 1 $86,292.01 $8,749.00 $0.00 Dept.Aide $58,531.22 $8,749.00 $0.00
Crime&Intelligence Analyst $158,137.43 $8,749.00 $0.00 Rehire(960 program)per hour $40.00
AUTO: Ongoing Cost Per Auto
(Prorate
if partial year)
Patrol Sedan B/W $31,631.69
Patrol 40 B/W $38,101.95
Traffic Sedan BIW $31,631.69
Motorcycle $15,017.72
Management Sedan $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
10/25/2022 C8 40 of 44
ATTACHMENT B
City of Vista
Effective 7/1/2022 through 6/30/2023
February 2022-REVISED
Staff #of Unit Total
SERVICE CATEGORY Cost Staff Factor Net Cost Notes Deputy Patrol $218,638.52 38.000 8,308,263.70 Deputy Traffic $218,638.52 7.000 1,530,469.63 Deputy Motor $233,892.37 3.000 701,677.11 Deputy SPO $218,638.52 16.000 3,498,216.29
Detective $228,807.75 9.000 2,059,269.78
CSO $95,743.97 4.000 382,975.88
Sergeant Patrol $282,742.95 3.265 923,155.72 Sergeant Traffic $282,742.95 1.000 282,742.95 Sergeant Relief $282,742.95 0.871 246,366.67
Sergeant Dedicated $282,742.95 1.500 424,114.42 Detective Sgt $282,742.95 0.900 254,468.65
Station Staff 1,512,256.77
Subtotal 20,123,977.57
Ancillary Support 3,261,794.64
Supply 543,347.46
Vehicles 1,496,844.03
Space 629,954.50
JPA Credit (36,790.26)
Management Support 700,814.90
Liability 222,653.82
Subtotal 6,818,619.07
Adjustments: -
TOTAL AMOUNT $ 26,942,596.64
Attachment B
10/25/2022 C8 41 of 44
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.
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ATTACHMENT D
LIABILITY FUND HISTORY
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
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ATTACHMENT E
VHF Mobile radio STANDARDIZED EQUIPMENT LIST
PATROL STATIONS
Mobile Handitalk VHF Mobile VRM Light Plastic Vehicle Type Radio Radio Radio MCT's (1) Modems AVL (2) Siren Rear Seat Radar Push Bar Gunlock Winch Screen Patrol Sedan x x x x x x x x x x Patrol 4X4(Expedition) x x x x x x x x x x x Patrol 4X4(Pick Up) x x x x x x x x x x Traffic Sedan x x x x x x x x x x x Traffic Motorcycle x x x
Detective(4-Door) x x
Detective(2-Door) x x
Detective(Black&white) x x x x x x x x x Detective(Van) x x
CSO(Van) x x x x x (3)
Supervisory Sedan x x No" x
(1) Mobile Computer Terminals-purchased by Communication Center. (2)Auto Vehicle Locator
(3)Amber warning light in rear deck.
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