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HomeMy WebLinkAboutReso 1985-12299 RESOLUTION NO. 12299 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTY SHERIFF'S OFFICE TO PROVIDE LAW ENFORCEMENT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRE~4ENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agre~nent between THE CITY OF CHULA VISTA, a municipal corporation, and THE SAN DIEGO COUNTY SHERRIF'S OFFICE to provide law enforcement services dated thel7th day of December , 1985, a copy of which is attached ~ereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Woiflpl~i ~, Director <~/Thomas J./H~rron, City Attorney ADOPTED AND APPROVED B~ THE CIT~ COUNCIL OF THE CIT~ OF CHULA VISTA, CALIFORNIA this 17th HaH of December 19 85, bH thc followin9 vote, to-wit: A~ES: Councilmember COX, Malcolm, Moore, Scott, McCandliss NAyES: Councilmember None ABSTAIN: Councilmember None None ABSENT: Counci~member Ma City of Chula Vista Deputy Ci~'Y Clerk STATE OF CALIFORNIA ) COUNTy OF SAN DIEGO ) ss. CITy of C~U~A VISTA ) l, ADELE A. SARMIENTO, DEPUT~ CITy CLERK of the City of Chula Vista, California, DO HEREB~ CERTIFy that the above and foresoln8 is a full, true and correct copy of RESOLUTION NO. 12299 , and that the same has not been amended or repealed. DATED Deputy City Clerk (seal) DCC-660 COUNTY OF SA/~ DIEGO STATE OF CALIFORNIA AGREEMENT FOR GENERAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO SHERIFF ' S DEPARTMENT THIS AGREEMENT made and entered into this of 19 , between the County of San Diego (hereinafter' referred to as the .."COUNTY") and the City of Chula Vista (herein- after referred to as the "CITY"): WHEREAS, the electorate of certain county territory adjacent to the CITY, known as the Montgomery/Otay area. (hereinafter referred to as the ANNEXED AREA) has voted to be annexed to and become part of the CITY, effective on January 1, 1986; and WHEREAS, the COUNTY, through the San Diego County Sher~,s" Department, has been mandated by State statute to provide law enforcement services to the ANNEXED AREA as an unincorporated territory; but, by reason of said annexation, such responsibility passes to the CITY on January 1, 1986; and WHEREAS, the CITY is a municipal corporation of the State of. California, and desires to obtain general law enforcement ser- vices for the ANNEXED AREA from the COUNTY for a period of six (6) months, commencing January 1, 1986, and ending June 30, 1986; and WHEREAS the COUNTY, through the San Diego County Sheriff's Department, desires to provide said general law enforcement services; NOW THEREFORE, CITY AND COUNTY~agree as follows= SECTION 1. INTENT. a) It is the intent of the COUNTY and the CITY that 'all general law enforcement service in the ANNEXED AREA be provided, for the six-month term of this agreement, in the same manner as it would have been had the ANNEXED AREA not become a part of the CITY. SECTION 2. CONTRACT ADMINISTRATION a) The COUNTY designates the San Diego County Sheriff (hereinafter referred to as the "SHERIFF") or,his designated representative to represent the COUNTY in all matters pertaining to this agreement. b) The CITY designate~ its Director of PubliC' Sak~y to · -represent the CITY in all matters pertaining to this agreement on behalf of the CITY. c) The SHERIFF or his designated representatives shall at all time~ be available to confer with the Director of Public Safety of the CITY. Wherever feasible, practical, and not. in conflict with mandated duties and responsibilities, the SHERIFF shall endeavor to provide the services agreed upon herein in accordance with the intent of the CITY. Both CITY and COUNTY will provide the full cooperation and assistance of' its officers, agents, and employees to each other in the performance of this contract.. -2- d) At or near the termination date of this contract, the CITY and COUNTY will cooperate to provide a timely and orderly transition of law enforcement responsibilities, including the assignment of cases and transfer Of physical evidence. Detail~ of this transition shall be handled by the CITY's Director of Public Safety and the SHERIFF or his designated representative~ e) Any notic~-.or .notices provided for by this agreement or by law to be given or served upon the SHERIFF may be given or served by letter deposited in the United States mail, postage prepaid, and addressed to: San Diego County Sheriff's Department 222 West "C" Street San Diego, California 92101 Any notice or notices provided for by this agreement or by law to be given or served upon CITY'may be given or ~er~'e~by - letter depos'ited in the United States mail, postage prepaid, and addressed to: City of Chula Vista 276 Fourth Avenue Chula Vista, California 92010 SECTION 3. LEVEL OF SERVICE. . a) COUNTY shall provide the same level of general law enforcement services as currently provided to the same geographic boundaries of the ANNEXED AREA, to wit two (2) twenty-four hour patrol units (two [2] eight-hour units on each of three [3] shifts per day) every day, with all normal back-up auxiliary services related thereto, including but not limited to investiga- tive, criminalistic, and supervisorial services but excluding traffic services functions. Trakfic enforcement services, including traffic investigations, shall be provided by CITY or its designated agents. b) To the extent that COUNTY provides law enforcement services within the ANNEXED AREA, said services shall include enforcement of the penal statutes of the State of California, California Vehicle- Code, and COUNTY Regulatory Ordinances as adopted by the City Council of the CITY. c) The COUNTY shall provide such general law enforcement services from its existing headquarters and existing stations and . such other substations as the COUNTY may hereafter establish. 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. '-' d) In the event that the COUNTY performs other services not herein described at the request of CITY, such services shall be billed'in addition to the amount and method of payment set forth in Section 5.a) of this contract. CITY agrees to pay the allowable cost of such services so requested. e) CITY shall pay all costs fo~ victim medical examinations required by such crimes as child abuse and sexual assault occurring within the ANNEXED AREA. It is understood that such costs are not calculated in the COUNTY's standard unit costs charged herein. SECTION 4. CONTRACT COST. a) The contract cost for general law enforcement services for the six months beginning January 1, 1986, and ending June 30, 1986, shall be the COUNTY'S standard cost for six (6) eight-hour (with relief) patrol units, namely four hundred seventy-nine thousand three hundred and four dollars ($479,304.00). b) The COUNTY shall provide all supplies, equipme~t, sevices, and materials required for performance of the herein mentioned general law enforcement services. ¢) Ail terms and conditions of this agreeement are subject to the continued appropriations and availability of funds for each party for the performance of the services stated herein. SECTION 5. METHOD OF PAYMENT. a) For the performance ~ of the general law enforcement services provided under Section 3.a) of this contract, the CITY shall pay to the County Treasurer through the Sheriff's Depart- ment at. 222 West "C" Street, San Diego CA 92101, in equal monthly payments, in arrears, the sum of seventy-nine thousand eight hundred and eighty-four ~ollars ($79,884.00) each month for a period of six months for the months of January through Jun~, 1986. Said payments shall be made within twenty days from the date of invoice. b) The CITY, within twenty days from date of invoice, shall pay the additional full cost of all documented victim medical examinations, if any, provided for in Section 3.e) of this contract. --5-- SECTION 6. COLLECTION OF FINES ~ FORFEITURES. a) The distribution of fines and forfeitures under Section 1463 of the Penal Code shall be made as though the Deputy Sheriffs under contract were "City Officers." SECTION 7. AUDIT AND INSPECTION OF RECORDS. a) The COUNTY agrees that records generated under this - contract Shall be. made available to the CITY to audit and examine. The CITY agrees that any such audit will be arranged by contacting the Sheriff or his representative at least ten (10) working days prior to the commencement of the audit and shall be conducted at any time during normal working hours. b) CITY, through its Director of Public Safety, shall have access to reports and other documents pertaining to this agree- ment. COUNTY shall-transmit m6nthly statistical reportson crime occurrence and other called for services within the CITY to the Director of Public Safety upon request. SECTION 8. INDEMNIFICATION. a) All personnel provided by the Sheriff in the performance of this contract shall be COUNTY officers and employees but shall be deemed to be officers and employees of the CITY while engaged in such performance. The CITY shall have no liability for any salaries, wages, Workers' Compensation, or incidental personnel expenses to any COUNTY officers and employees engaged in such performance. b) COUNTY shall assume the defense'of and indemnify and hold harmless the CITY from and against all actions or claims against any COUNTY officers or emgloyees for damages or losses arising out of or resulting from the performance of this agreement by such COUNTY officers and employees. SECTION 9. AMENDMENTS/MODIFICATIONS. a) The parties may from time to time make amendments or modifications in this agreement. Such changes, including any increase or decrease in the level of service which is mutually agreed ugon by and between COUNTY and CITY, shall be effective when incorporated in written amendments to this agreement and approved by both COUNTY and CITY. b) Such changes referred to in Section 8.a) of this contract shall require a thirty-day advance notice from either party. SECTION 10. TERMINATION FOR CONVENIENCE. a) Notwithstanding any other section or provision of this agreement, either party hereto may terminate this agreement by giving .a thirty-day advance written notice of intention to terminate. SECTION 11. TERM OF AGREEMENT. a) This agreement shall take effect January 1, 1986, and shall terminate on June 30, 1986. -7- IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its City Council, has ratified the execution of this contract by its Mayor, and the COUNTY, by order of its Board of Supervisors, has ratified the execution of this contract by the Sheriff of the County of San Diego, this __ day of , 19 CITY COUNTY OF SAN DIEGO ~y~j : Ma~r By: Sheriff Ratified by City Council Ratified by Board of Supervisors Action Resolution 12299, Action , Date December 17 , 198--5 Date , 19__ Deputy City Cler~ Clerk, Board of Supervisors ~ - County of San Diego -8- COUNTY OF SAN DIEGO STATE OF CALIFORNIA LAW ENFORCEMENT CONTRACT WITH THE CITY OF CHI/LA VISTA Table of Contents , Title Paqe Preamble 1 Section 1. Intent 2 Section 2. Contract Administration 2-3 Section 3. Level of Service 3-4 5 Section 4. Contract Coat Section 5. Method of Payment 5 Section 6. Collection of Fines & Forfeitures 6 Section 7. Audit & Inspection of Records 6 Section 8. Indemnification 6-7 Section 9. Amendmehts/Modifications 7 Section 10. Termination for C~nvenience 7 Section 11. Term of Agreement 7