San Bernardino County Sheriff-EARLENE SPROAT, CLERK OF THE BOARD
BY
DATED : JULY 2
34b ITEM
• 94-797
Sheriff
Inc Cities
Grand Terrace
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
JULY 26, 1994
FROM: RICHARD G. WILLIAMS, SF1RIFF
SUBJECT: LAW ENFORCEMENT SERVICE CONTRACT WITH THE CITY OF GRAND TERRACE
RECOMMENDATION:
Approve law enforcement service contract with the City of Grand Terrace.
REASON FOR RECOMMENDATION:
During the past year the County and Cities receiving contract law
enforcement services have negotiated a variety of issues which has resulted
in revised language for the law cnforcement contracts. Approval of this
contract will allow for old contract language to be replaced and update
costs to current fiscal year 1 -;:ve.'s and continue services for FY 94/95.
REVIEW BY OTHER DEPARTMENTS:
This contract has been reviewed and approved as to form by County Risk
Management and Chief Deputy County Counsel Ron Reitz.
FINANCIAL DATA:
The annual cost of $1,719,109 has been included in the Sheriff's Proposed
Budget for FY 94/95. All costs associated with this contract will be
recovered through contract reverie . No net cost to County.
Action of the Board of Supervisors
AGREEMENT NO. 94 -797
APPROVER,,BOARD `OF SUPERVISORS
COUNTY00'iAN BERNARDINO
MOTION SECOND AYE AYE AYE MOVE
1 2 3 4 5
cc: Sheriff w/agreement
Contractor w/agreement
c/o Sheriff
Auditor w/agreement
Affirmative Action
Risk Management
CAO
File
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County of San Bernardino
F A S
STANDARD CONTRACT
FOR COUNTY USE ONLY
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Chang
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Vendor Code I
I SC
Dept.
SHR
I
A
Contract Number
9 47 - 2 7
County Department Dept. Orgn.
SHERIFF SHR SHR
Contractor's License No.
County Department Contract Representative Ph. Ext.
ROBERT W. TREMAINE (909) 387-3746
Amount of Contract
*1,719,109.00
Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
93/94 $859,596 I Project Name
CONTRACT LAW 94/95 $895,513 I
ENFORCEMENT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
CITY OF GRAND TERRACE
Address
22795 BARTON ROAD
GRAND TERRACE, CA 92313
Phone Birth Date
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
AMENDED LAW ENFORCEMENT SERVICE CONTRACT
WHEREAS, CITY and COUNTY desire to provide by contract for performance of law
enforcement services within the territorial boundaries of CITY;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I.
COUNTY shall provide, through the Sheriff of San Bernardino County (hereinafter
referred to as "Sheriff"), law enforcement within the corporate limits of CITY as same
now exist, or as such limits may be modified by annexation or exclusion during the
term of this agreement.
The law enforcement services to be provided by COUNTY and furnished to CITY
hereunder shall include:
hereinafter called CITY
02-12311.000 Rev. 11/91 16 of Page
A.Enforcement of state statutes;
B.Enforcement of ordinances of CITY of the type customarily enforced by the
Sheriff within the unincorporated territory of the County;
C.Traffic enforcement, with the exception of such traffic enforcement as may be
provided by the California Highway Patrol on the freeway traversing CITY;
D.Detective, juvenile, and other specialized services such as arson, homicide,
and narcotics enforcement;
E.Attendance at meetings of the City Counsel of CITY and such other meetings of
commissions or boards of CITY as CITY may specify.
Services to be provided by COUNTY shall include Sheriff's personnel and
automobiles as specified in Schedule "A" for law enforcement services. Those
personnel and automobiles are to be assigned at the discretion of the Sheriff based on
the needs of the community.
The services to be provided by COUNTY hereunder shall also include all equipment
(including repairs thereto or depreciation thereon), supplies, communications,
administration, labor, vacation, and sick leave, any COUNTY retirement contributions,
gasoline, oil, and traveling expenses and all other services, obligations or
expenditures necessary or incidental to the performance of the duties to be performed
by Sheriff under the terms of this agreement. There shall be no reduction in COUNTY
compensation under this agreement for normal downtime of vehicles. In all instances
where special supplies, stationary, notices, forms, and the like are to be issued in
the name of CITY and approved by the Sheriff, the same shall be supplied by CITY at
its own cost and expense.
Nothing in this contract is intended to alter the effect of any statute or COUNTY
ordinance related to fees for housing of inmates detained for CITY ordinance
violations or for criminal justice administrative fees (Government Code Section 29550,
et seq., San Bernardino County Code Section 16.027A). The CITY will be separately
billed for those items.
IV.
In consideration for COUNTY'S furnishing and performance of all the services
provided for herein, CITY shall pay to COUNTY, upon contract approval, the sum as per
Schedule "A," attached per year, payable in monthly installments at the beginning of
each calendar month during the period of this agreement. Payments shall be due by the
fifth day of each month for that same month's services. Payments received after
sixty (60) days of when due shall include simple interest after the 60th day against
the amount owing, calculated at the COUNTY'S then current investment pool rate. Said
sum is subject to adjustment for any salary increases or fringe benefits which may be
granted by the Board of Supervisors to Sheriff's employees. The actual cost of
overtime, court appearances, and travel expenses will be billed quarterly.
PAGE 2 of 6
COUNTY shall have the right to renegotiate the rate for services performed under
this agreement at the end of each fiscal year, and said rate may be adjusted upward or
downward to reflect the actual cost.
CITY is responsible for the validity of its ordinances, including any ordinances
or codes incorporated by reference in CITY'S ordinances, and CITY shall defend, hold
harmless, and indemnify COUNTY, its officers and employees with respect to any lawsuit
or action challenging the validity of a CITY ordinance or with respect to any
allegation that any arrest, citation, or other action taken by COUNTY, its officers or
employees was taken under an invalid CITY ordinance, except in those cases where the
invalidity of such ordinance is the result of actions by the Sheriff's Department.
Otherwise than is stated in this agreement, CITY shall not be obliged to pay, and
assumes no liability for any cost, expenditure, charge, or liability whatsoever
incurred by COUNTY in or related to the performance of the provisions of this
agreement by COUNTY, and COUNTY shall, in consideration for the payment of the sums
herein above provided to be paid by CITY to COUNTY, hold CITY harmless from any and
all such costs, expenditures, charges, or liabilities except as otherwise provided in
this agreement. CITY shall not be liable for compensation or indemnity to any COUNTY
employee for injury or sickness arising out of his or her employment while engaged in
the performance of this agreement by COUNTY.
CITY shall hold COUNTY harmless for a reduction in law enforcement services
resulting from labor relation actions and CITY'S obligation to pay COUNTY shall be
reduced for services not performed for that reason.
V.
The term of this contract shall be a period of time commencing on January 1,
1994, and terminating only as hereinafter provided. This agreement may be terminated
at any time with or without cause by CITY or by COUNTY upon written notice given to
the other at least one (1) year before the date specified for such termination. Any
such termination date shall coincide with 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 subsequent
to the date of such termination. In the event of termination of this agreement, the
COUNTY shall refund any sum previously paid by CITY, which when prorated represents
advance payment for months of service which are not performed as a result of such
termination. Neither party shall incur any liability to the other by reason of such
termination.
Notwithstanding the foregoing, in the event the Sheriff provides any services to
CITY on a holdover basis after the date of contract termination, CITY shall fully
reimburse COUNTY for all costs of providing such services.
COUNTY shall have the right to terminate this contract if CITY does not make
timely payment of its obligations hereunder to COUNTY.
PAGE 3 of 6
Any and all notices required to be given hereunder shall be given in writing by
registered or certified mail, postage prepaid. The addresses of the parties hereto
until further notice are as follows:
CITY: City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
COUNTY: San Bernardino County Sheriff's Department
Bureau of Administration
P. O. Box 569
San Bernardino, CA 92402-0569
VI.
The standards of performance, the methods of performance, the discipline of
officers, the control of personnel, the advancement in compensation of personnel, the
determination of proper law enforcement practices and procedures, and all other
matters incidental to the manner of performance of services by Sheriff hereunder shall
be determined by the Sheriff at his sole discretion. The responsibility of Sheriff
and of COUNTY to CITY hereunder shall be to provide, as an independent contracting
agency, effective law enforcement of the level herein contracted for, and the CITY
shall not have the right to determine or direct the manner or means of the
performance.
VII.
All persons directly or indirectly employed by COUNTY in the performance of the
services and functions to be provided to CITY hereunder, shall be employees of COUNTY,
and no COUNTY employees shall have CITY pension, civil service, or other status or
right. Notwithstanding the foregoing, and in order to give official status to the
performance of duties by Sheriff's personnel hereunder, every Sheriff's officer or
employee engaged in performing any such service or function shall be deemed to be an
officer of CITY while performing service for CITY within the scope of this agreement,
and such service function shall be a municipal function.
An arrest made by Sheriff's personnel while engaged in the performance of this
agreement shall constitute an arrest by an officer employed by CITY, and not an arrest
by COUNTY officer, within the meaning of Section 1463 of the Penal Code and any
similar or related statute.
VIII.
CITY shall have the right at any time and from time to time during the term of
this agreement to request a higher level of law enforcement than that herein
contracted for, and within a reasonable time after such requests, COUNTY shall provide
such additional personnel and vehicles as may be required to provide such additional
law enforcement.
PAGE 4 of 6
In such event, all provisions of this agreement with respect to compensation to
be paid by CITY shall remain in full force and effect, but in addition to payment of
the sums herein provided, CITY shall pay COUNTY in monthly installments the cost of
such additional law enforcement service.
IX.
In the event of riot, civil commotion, or other emergency in the CITY which
requires additional emergency or "back-up" service, COUNTY shall provide the same.
In the event of authorized public gatherings in the CITY requiring additional
police services, salaries and related costs shall be borne by CITY, except where such
authorized public gatherings occur on state or federal property within the CITY
limits, such additional costs shall not be chargeable against the CITY.
Not included in riots or related services are salaries or related costs of
additional police services for authorized public gatherings. In the event of such an
emergency outside of the corporate limits of CITY, personnel or equipment assigned by
Sheriff to the performance of COUNTY'S duties hereunder may be utilized by COUNTY in
connection with such emergency, however no more than fifty percent (50%) of available
personnel and equipment may be assigned outside the CITY boundaries without the mutual
agreement of the Sheriff and the City manager. In the event of a major emergency in
the CITY and surrounding communities, Sheriff's personnel and equipment shall not be
assigned outside the CITY boundaries at a level which would deter from the CITY'S
ability to respond to the existing emergency. In cases where the City Manager or his
or her designee cannot be consulted prior to such deployment, such advisement must be
made to the City Manager's Office immediately or as soon as possible thereafter. In
any case the City Manager must be personally informed of the situation immediately or
as soon as possible thereafter. The CITY shall be reimbursed for any resultant
service not performed.
X.
To facilitate the performance of services hereunder by COUNTY, CITY, its
officers, agents, and employee shall give their full cooperation and assistance within
the scope of the duties and responsibilities of such officers, agents, and employees.
CITY shall hold COUNTY, its Sheriff, officers, and employees harmless from any
and all liability for intentional acts or negligence on the part of CITY, its officers
and employees (excluding any employees of COUNTY engaged in the performance of
municipal duties hereunder) arising out of the performance of this contract.
XI.
Sheriff shall be designated as the Chief of Police of CITY at all times during
the term of this agreement.
PAGE 5 of 6
N BER COUNTY OF ARDINO
Chair
Dated
and of Supervisors
'JUL 26 1994
By
Revieweckfor ocessing
411, 41EN
IpAr viewed as to Affirmative Action
No-
County ouns
Date 79--P°11-
02-12311-000 Rev. 11/91 66 of Page
GRAND TERRACE, CA 92313
gthm drnk.iftatodCAO
Date
Approved as to Legal
Date
Said Sheriff shall designate a station commander to work directly with and
provide liaison with the City Manager and other CITY officers of the CITY. The
Sheriff's commander shall make regular monthly reports to the City Manager, and such
other reports as may be appropriate as determined by the Sheriff, with respect to law
enforcement within the corporate limits of CITY.
SIGNED AND cERT154B01,Tatc ,COPY OF THIS
DOCUMENT HAS Bp NO: T.6.1-,HE CHAIRMAN
OF THE BOARD.
Clerk of the Boaed,df pervisors of the County of San
Bernardino.
CITY OF GRAND TERRACE
(State if corporation, company, etc.)
By
(Authorizea Sig Wt.&
Dated 7 - N-14
Title Cif)/ frianqj nr
Address 22795 BARTON ROAD
SCHEDULE A RATES
LAW ENFORCEMENT CONTRACT
CITY OF GRAND TERRACE
FY 1993/94
SERVICE
FY 1993/94
COST*
1 - 168 Hour General Law Patrol Unit $474,141
2 - 40 Hour General Law Patrol Units 238,018
.50 - 40 Hour Detective Unit 60,726
1 - Community Service Officer 40,487
3 - Radar Units 1,653
1 - Portable Radar Trailer 2,107
.50 - Marked Unit (Sergeant) 6,719
1 - Unmarked Unit Non-Code 3 10,172
CAD/CLETS/RMS 1,107
County Direct Cost 24,466
TOTAL $859,596*
COUNTY DIRECT COSTS ARE THOSE COSTS ASSESSED TO THE SHERIFF'S
DEPARTMENT BY THE COUNTY FOR:
o Personnel Liability Insurance
o Vehicle Insurance
o Personnel Bonding Fee
o Facilities Operations Cost
MONTHLY PAYMENT SCHEDULE
1st payment due July 15
2nd thru 12th payment due 5th of each month
$11,809
$10,944
$ 88
$ 1,625
$71,633
$71,633
ADDITIONAL COST BILLED QUARTERLY
City will be billed on a quarterly basis for:
Actual overtime cost (estimated overtime for
FY 1993/94 $8,000)
Professional services from private vendors
Services and supplies above contract formula
* Subject to change due to salary and benefit changes.
(07/01/93) PAGE 1 of 2
CITY OF GRAND TERRACE
LAW ENFORCEMENT CONTRACT
LEVEL OF SERVICE STAFFING GUIDE
FY 1993/94
SAFETY GENERAL
.25 Lieutenant 1.49 Station Clerks
1.06 Sergeant 1.10 Dispatcher
.56 Deputy III's 1.00 CSO
6.87 Deputy II's .17 Auto. Svcs.
8.74 3.76
VEHICLES EQUIPMENT
3.50 Marked Patrol 3 Radar Guns
.50 Unmarked 1 Portable Radar
1.00 Unmarked Non-Code 3 Trailer
5.00
(07/01/93) PAGE 2 of 2
SCHEDULE A RATES
LAW ENFORCEMENT CONTRACT
CITY OF GRAND TERRACE
FY 1994/95
SERVICE FY 1994/95
COST*
1 - 168 Hour General Law Patrol Unit $493,176 2 - 40 Hour General Law Patrol Units 247,976 .50 - 40 Hour Detective Unit 63,888 1 - Community Service Officer 42,668 3 - Radar Units 1,725 1 - Portable Radar Trailer 2,107
.50 - Marked Unit (Sergeant) 6,864 1 - Unmarked Unit Non-Code 3 10,471
CAD/CLETS/RMS 1,107 County Direct Cost 25,531
TOTAL $895,513*
COUNTY DIRECT COSTS ARE THOSE COSTS ASSESSED TO THE SHERIFF'S
DEPARTMENT BY THE COUNTY FOR:
o Personnel Liability Insurance $11,809 o Vehicle Insurance $12,009 o Personnel Bonding Fee 88 o Facilities Operations Cost $ 1,625
MONTHLY PAYMENT SCHEDULE
1st payment due July 15, 1994 $74,627
2nd thru 12th payment due 5th of each month $74,626
ADDITIONAL COST BILLED QUARTERLY
City will be billed on a quarterly basis for:
Actual overtime cost (estimated overtime for
FY 1994/95 $8,000)
Professional services from private vendors (i.e., towing, etc.)
Services and supplies above contract formula
Subject to change due to salary and benefit changes.
(07/01/94) PAGE 1 of 2
CITY OF GRAND TERRACE
LAW ENFORCEMENT CONTRACT
LEVEL OF SERVICE STAFFING GUIDE
FY 1994/95
SAFETY GENERAL
.25 Lieutenant
1.06 Sergeant
.56 Deputy III's
6.87 Deputy II's
8.74
1.49 Station Clerks
1.10 Dispatcher
1.00 CSO
.17 Auto. Svcs.
3.76
VEHICLES EQUIPMENT
3.50 Marked Patrol 3 Radar Guns
.50 Unmarked
1 Portable Radar
1.00 Unmarked Non-Code 3 Trailer
5.00
(07/01/94) PAGE 2 of 2