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HomeMy WebLinkAboutRES CC 1984 101 1984 0620RESOLUTION NO. 84- 101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AGREEMENT WITH COUNTY OF VENTURA FOR LAW ENFORCEMENT SERVICES FOR THE CITY OF MOORPARK THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That that certain Agreement, dated June 20, 1984, between the City of Moorpark and the County of Ventura for providing law enforcement services in and for the City of Moorpark, as outlined in said agreement, be and the same is hereby approved. SECTION 2. That the Mayor and City Clerk are hereby authorized and instructed to execute said agreement for and on behalf of the City of Moorpark PASSED AND APPROVED this 20th day of June, 1984. May r thi�i--(A'ity of Moorpark, Owf ! California ATTEST: AGREEMENT FOR COUNTY TO PERFORM CERTAIN SERVICES AND FUNCTIONS FOR CITY OF MOORPARK THIS AGREEMENT, made and entered into this,,.� day of , 1984, by and between the County of Ventura, hereinafter called COUNT and the City of Moorpark, hereinafter called CITY. WITNESSETH: WHEREAS, CITY desires to contract with COUNTY for the performance of certain services and functions within its boundaries; and WHEREAS, COUNTY agrees to so contract with CITY and to perform such services and functions on the terms and conditions as hereinafter set forth; and WHEREAS, the performance by COUNTY for CITY of the services and functions referenced herein will require COUNTY to incur certain costs and expenses, including but not limited to costs and expenses for public liability insurance coverage for the negligent or wrongful acts or omissions of COUNTY, its officers and employees occurring in the performance of this agreement and for selfinsuring for workers' compensation; and WHEREAS, it is the intent of the parties to this agreement that CITY assume all such costs and expenses, including but not limited to the costs and expenses of said public liability insurance coverage and workers' compensation; and WHEREAS, said contract is authorized and provided for by the provisions of Article 1, Chapter 1, Part 2, Division 1, Title 5, sections 51300, et seq., and Chapter 5, Division 7, Title 1, sections 6500, et seq., of the Government Code of the State of California; NOW, THEREFORE, the parties hereto agree as follows: E90 /1 TERMS AND CONDITIONS 1. Subject to all of the terms and conditions of this agreement, including but not limited to any additional terms and conditions contained in any exhibit hereto, COUNTY shall perform, and CITY shall be entitled to have COUNTY perform, such services and functions for CITY as are set forth in Exhibit A, attached hereto and incorporated by reference herein. 2. All persons employed in the performance of such services and functions for CITY, as such, shall be employed by COUNTY. No person employed by COUNTY hereunder shall have any CITY pension, civil service, or other status or right. 3. No officer, employee or department of COUNTY shall perform for CITY any service or function not coming within the scope of the duties of such officer, employee or department in performing services or functions for COUNTY. 4. No service or function shall be performed hereunder by any officer, employee or department of COUNTY unless such service or function shall have been requested in writing by CITY on order of the City Council thereof, or such officer as it may designate. Each such service or function shall be performed under circumstances and at times which do not interfere with the performance of regular COUNTY operations. 5. Whenever COUNTY and CITY mutually agree as to the necessity for any such officer, employee or department'of COUNTY to maintain administrative offices in CITY, CITY shall, at its own cost and expense, provide or reimburse COUNTY for all necessary office space, furniture, furnishings and equipment, office supplies, stationery, notices, forms and like materials which must be issued in the name of CITY. Any equipment and furnishings provided by COUNTY shall remain the property of COUNTY. 6. It is expressly understood that in the event a local administrative office is maintained by CITY for any such COUNTY officer, employee or department, such office may be used by COUNTY in connection with the performance of its duties for territory outside CITY and adjacent thereto, provided, however, that the performance of such outside duties shall be at no additional cost to CITY. E90/2 7. CITY, its officers and employees, by this agreement, shall not assume any liability for the direct payment of any salary or wages to any COUNTY officer or employee performing services hereunder for CITY, nor for the direct payment of compensation or indemnity to any COUNTY officer or employee arising out of his employment by COUNTY, nor for the direct payment of any claims, settlements or judgments resulting or arising solely from any negligent or wrongful act or omission of COUNTY, its officers and employees in performing the services or functions provided for in this agreement. 8. COUNTY, its officers and employees, by this agreement, shall not assume any liability for the negligent or wrongful acts or omissions of CITY, nor of any officer or employee thereof, nor for any dangerous conditions of the streets or property of CITY, and CITY shall hold COUNTY, its officers and employees, harmless, and indemnify and defend COUNTY, its officers and employees, against any and all costs, expenses, claims, suits and liability for bodily and personal injury to or death of any person and for injury to or loss of any property resulting therefrom or arising out of or in any way connected with any negligent or wrongful acts or omissions of CITY, its officers and employees, in performing or authorizing the performance of or in failing to perform or authorize the performance of any work, services or functions provided for, referred to in or in any way connected with any work, services or functions to be performed under this agreement. 9. COUNTY shall hold CITY, its officers and employees harmless, and indemnify and defend CITY, its officers and employees, against the direct payment of any and all costs, expenses, claims, suits and liability for bodily or personal injury to or death of any person and for injury to or loss of any property resulting from or arising out of or in any way connected with any negligent or wrongful acts or omissions of COUNTY, its officers and employees, in performing or in failing to perform any work, services or functions provided for, referred to in or in any way connected with any work, services or functions to be performed under this agreement; provided however, that CITY shall pay COUNTY costs incurred in maintaining public liability insurance coverage or in selfinsuring for the acts or omissions of the COUNTY, its officers and employees, as set forth in paragraph 11 herein. E90/3 10. CITY shall pay to COUNTY the entire cost to COUNTY of performing each service and function performed by COUNTY under the terms of this agreement, including the salaries and wages of all COUNTY officers and employees engaged therein, all supervision, clerical work, office supplies, depreciation on machinery and equipment, overhead expenses, insurance costs, travel expenses, including mileage of officers and employes, and all other costs and expenses incidental to the performance of such services and functions, as determined by COUNTY, based on COUNTY's cost accounting procedures. Overhead expenses shall include but not be limited to the COUNTY costs incurred in support of the services and functions performed under this agreement. Insurance costs shall include a reasonable prorata share of the COUNTY costs incurred in maintaining public liability insurance coverage or in selfinsuring for the acts or omissions of the COUNTY, its officers and employees and a reasonable prorata share of the COUNTY costs incurred in selfinsuring for workers' compensation, and shall be charged on the basis of a rate per $100.00 of payroll for the particular type of service being performed. Applicable rates for the services and functions to be performed by COUNTY to be charged at the time of execution of this agreement are set forth in Exhibit B, attached hereto and incorporated by reference herein. Except as otherwise specified hereafter, the rates charged for each function or service shall be recomputed annually and revised accordingly, as determined by COUNTY, based on COUNTY's cost accounting procedures, and thereafter charged at such revised rates. Subsequent adjustments in rate shall be deemed to be incorporated by reference herein at the time of written notification thereof to CITY. In the event salaries and wages of the COUNTY officers and employees are changed at a time not coincident with the time for reestablishment of rates, the rates for salaries and wages set forth in Exhibit B shall be readjusted to reflect the appropriate rates pursuant to the effective date of the County Personnel and Salary Ordinance. In the event insurance costs for COUNTY's public liability insurance are changed at a time not coincident with the time for reestablishment of rates, the rates for public liability insurance costs set forth in Exhibit C shall be readjusted to reflect the appropriate rates pursuant to an effective date 30 days after written notification to CITY. E90j4 11. CITY shall be notified in writing of the new rates involving salary and wage changes established by COUNTY within 30 days after the adoption of the COUNTY Personnel and Salary Ordinance. 12. Each COUNTY officer, employee or department performing any service or function for CITY provided for herein shall keep reasonably itemized and detailed work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all COUNTY owned machinery and equipment, rental paid by COUNTY for all rented machinery and equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by COUNTY, reasonable handling charges, public liability insurance and workers' compensation costs, and all additional items of expense incidental to the performance of such function or service. 13. All work performed Hereunder is subject to the limitations of Section 23008 of the Government Code of the State of California, and in accordance therewith, before any work is performed or services rendered pursuant hereto, an amount equal to the cost, or an amount 10 percent in excess of the estimated cost, must be reserved by CITY from its funds to insure payment for work, services, or materials provided by COUNTY hereunder. 14. Each officer, employee or department of COUNTY performing any service or function hereunder shall render to CITY within 30 days of the close of each calendar month a statement covering costs recorded for all services or functions performed during said month, and CITY shall pay COUNTY therefor within 30 days after receipt of such statement. If such payment is not received by COUNTY within 30 days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY collected by COUNTY, unless specifically prohibited by law from doing so, after giving written notice to CITY of COUNTY's intention to do SO. Both parties may, by mutual agreement between the City Manager and County Chief Administrative Officer, or their designees, agree that the COUNTY's submittal to the CITY of a statement of costs for services rendered under this section shall be made on a quarterly basis provided that this method of payment is not inconsistent with any other provisions of this agreement. E90/5 4 ell- 15. Either party may terminate this agreement as of the 31st day of q�ly of any year upon notice in writing to the other party not less than 30 days prior to the date of such termination. IN WITNESS WHEREOF, COUNTY has, by Order of its Board of Supervisors, caused these presents to be subscribed by the Chairman of said Board of Supervisors and the seal of said Board to be affixed and attested by the Clerk thereof; and CITY has, by order of the City Council, caused these presents to be subscribed by the presiding officer of CITY and the seal of CITY to be affixed and attested by the Clerk thereof on the day and year first hereinabove written. ATTEST: ATTEST: RICHARD DEAN, County Clerk County of Ventura, State of California, and ex officio Clerk of the Board of Supervisors thereof. Ak De ty Clerk E90/6 CITY OF MOORPARK Mayor VENTURA Chair, Board of Supervisor APPROVED AS TO FORM: City Attorney APPROVED AS TO ADMINISTRATION: City Manager JC:j E90/7 EXHIBTT A SERVICE - GENERAL, LAW ENFORCEMENT 1. General Law Enforcement Defined 1.1 General Law Enforcement Services consis`. of Patrol and Investigation and all Auxiliary and Technical Service now produced by the Sheriff's Department in support of Patrol and _investigation. 1.2 All references to general Law Enforcement Services contained in this agreement are references only to services that shall be delivered under the terms of this agreement. 2. Delivery of Services 2.1 The County through its Sheriff shall provide general Law Enforcement Services within the corporate limits of the Citv. 2.2 The Sheriff shall enforce the statutes of the State of California and such Municipal Police Ordinances of the City as are of the same type or nature as ordinances of the County .lhich are enforced by the Sheriff in the unincorporated territory of the County. The Sheriff shall not be required to assume any enforcement duty or function not consistent with those customarily rendered by the Sheriff of the County under the statutes of the State of California. 2.3 Unless otherwise provided for• in this agreement, the minimum level of service which will be provided shall be the same minimum level of service that is provided for the unincorporated area of the County by the Sheriff during the term of this agreement or any renewal of this agreement. 2.4 The planning, organization, scheduling, direction, supervision, standards of performance and discipline of Sheriff's Personnel and all other matters incidental to the delivery of general Law Enforcement Services to the City shall be as determined by the Sheriff. The Sheriff shall retain exclusive authority over the activities of his personnel working in the City. 2.5 The Sheriff shall give prompt. consideration to all requests of the City regarding the delivery of general Law Enforcement Services. The Sheriff shall make every effort to comply with these requests if they are con- sistent with good law enforcement practices. 2.6 In the evert of a dispute between parties regarding the extent of the duties and functions to be rendered or the minimum level or manner of performance of such services, the determination made by the Sheriff' shall be final and conclusive. 2.7 The City and the Sheriff shall each designate a specific individual and alternates to make or receive requests and to confer upon matters concerning the delivery of general Law Enforcement Services to the City. 3. Service bevel. 3.1 The City will each year at the time of preliminary budget preparation or in March, whichever is later, request of the Sheriff', in writing, the specific type and level of staffing of Law Enforcement; Services for the succeeding year and its understanding of the cost o`' such services. An affirmative reply from the Sheriff will constitute an agreement effective immediately. Tt is recognized that the level of service for each fiscal year will be established as part of' the final budget process. 3.2 Services performed under this agreement may include, -f requested by the City, crossing guard supervision, license inspection and enforcement, and any other service in the field of Pulbic Safety, Law or Traffic Fr.forcement, or related field within the legal power of the Sheriff' to provide. 3.3 If the City desires to have the Sheriff provide any of the services described in Paragraph 3.2, the City shall so notify the Board of Supervisors of the County by resolution of the City Council indicating such desire. In the event that the City desires to receive any service not specifically listed in this agreement, the resolution of the City Council. shall contain a statement indicating the Sheriff's willingness to provide such services. 3.4 If' Traffic Enforcement is not requested, the Sheriff may, a;, his discretion, enforce traffic laws only where violations occur in his presence. There shall be no duty imposed on the Sheriff' to seek out such violators. EXHIBIT B STATION PERSONNEL (Annual): -- Detective Sergeant 64,019 1984 SERVICE RATES 56,372 -- Crime Prevention Officer 56,372 East County Region 56,372 -- Crime Analyst 32,815 (Thousand Oaks /Moorpark) 21,372 -- Cadets (20 hours week) 8,828 Jul -Dec PATROL SERVICES (Annual): 1984 -- 24 hour, 7 day, one man unit $271,933 -- 56 hour, 7 day, one man unit 90,554 -- 40 hour, 5 day, one man unit with relief 67,983 -- 40 hour, 5 day, one man unit without relief 54,936 -- 40 hour, 5 day, field sergeant 62,255 -- Senior Deputy differential 3,181 -- Traffic Program Officer 54,936 -- Traffic Sergeant 62,255 STATION PERSONNEL (Annual): -- Detective Sergeant 64,019 -- Detective Senior Deputy 56,372 -- Crime Prevention Officer 56,372 -- Youth Officer 56,372 -- Crime Analyst 32,815 -- Clerical (I.T.C.) 21,372 -- Cadets (20 hours week) 8,828 OVE RTIN,E ( Hourly) : -- Sergeant $26.96 -- Senior Deputy 23.09 -- Deputy 21.51 COURT TIME (Hourly): -- Sergeant 17.87 -- Senior Deputy 15.31 -- Deputy 14.26 EXHIBIT C LAW ENFORCEMENT - SERVICES TO BE PROVIDED ESTIMATED COSTS POLICE SERVICES CONTRACT FY 1984/85 - CITY OF MOORPARK POLICE SERVICES $517 ,629.00 REGULAR OVERTIME & COURT TIME $ 24 ,000.00 INITIAL TRANSPORTATION COSTS $114 ,989.00 DIRECT BILLING ACCOUNTS $ 2,390.00 EQUIPMENT TO BEGIN BASIC TRAFFIC ENFORCEMENT PROGRAM $ 4 ,118.00 EQUIPMENT TO BEGIN BASIC CRIME PREVENTION PROGRAM $ 400.00 OVERTIME-SPECIAL/UNUSUAL EVENTS S 20,561 .00 TOTAL $684 ,087.00 RECOMMENDED LEIVEL OF POLICE S--.RVTCF.S Patrol Units + One 24 hour -jn'_'_ ++ Two 56 hour ,jni's Station Personnel One-half L 4 euter=f C'Ly-50% County) One-!.alf' Detlec_ive (�cnera._ lqvestigations) Senior Deputy Differer-_ial 'k.5) TOTAL Total Personnel - 9.3 + One position per shil'-, 3 shifts per day, 7 days a-week. ++ One position per shift, .--, shifts per day, 7 days a-week. REG[Ji,AR OVERTIME & COURT TIME Overtime Julv-December 1983 $271,933.00 $181,289.00 $ 36,220.00 " 26,596.00 $ 1 '59' .()0 5517,629.00 20,247.00 TOTPil, $ 24,OOC.00 TRANSPOPTA71ON COSTS Vehicle Cost Black and White + 2 existing P $ 7,034.43 & $4,437.39 $ 11,472.00 2 new A $12,70.00 $ 25,510.00 Unmarked Unit 2 @ $11,535.00 $ 2.3,070.00 SUB -TOTAL $ 60,052.00 Mileage and Service Costs Black and White $ .27 X 150,03C riles $ 40,500.00 4 X $257.14 X 12 $ 12,343.00 Unmarked unit $ .22 X 24,000 miler $ 5,280.00 .. X $162.14 X 12 $ 3,891.00 SUB -TOTAL $ 62,014.00 L?SS S - 7,077.00(12 reduction. in $ 54,937.00 Transportation Cos GRAND TOTAL $114,989.00 *Trar.sporation costs have been reduced 12% by ISF Fleet Management. Communication rentals remain the same. +See Attachment Page 9 TRANSPORTATION COSTS Vehicle Cost Black and White + 2 existing $ 7 ,034 .43 & $4 ,437 .39 $ 11 ,472.00 2 new C $12,755.00 $ 25,510.00 Unmarked Unit 2 2 $11 ,535 .00 $ 23,070.00 SUB-TOTAL $ 60,052 .00 Mileage and Service Costs Black and White $ .27 X 150,000 miles $ 40,500.00 4 X $257 . 14 X 12 $ 12,343 .00 Unmarked unit $ .22 X 24 ,000 miles $ 5,280.00 2 X $162 . 14 X 12 $ 3,891 .00 SUB-TOTAL $ 62,014 .00 LESS $ -7 ,077 .00(*12% reduction in $ 54 ,937 .O0 Transportation Cost GRAND TOTAL $114 ,989.00 *Transporation costs have been reduced 12% by ISF Fleet Management. Communication rentals remain the same. +See Attachment Page 9 DIRECT BILLING ACCOUNTS Health/Processional Services 10,000 (City Population ) X .On = $ 600.00 Office Supplies ° Maintenance 10,000 X .009 = 3 90.00 Special Department Ecci^ment 10 ,002 .031 = c 310.00 Minor Traffic Tools, Instruments, & Radar Repair 000 X .017 _ $ 172 .00 Traffic: ic Educat_ontSaf et serial 12,00c X .028 = S 2o0.00 Bicycle Safety Program: Material 1 '0 ,000 X .O26 = S 2=0.00 Miscellaneous Crime Prevention Material 10 ,000 X .022 = S 220.00 Travel , Meetings, Dues, Publications 10 ,000 X .044 = $ 440.00 TOTAL 32,390.00 EQUIPMENT TO BEGIN BASIC TRAFFIC ENFORCEMENT PROGRAM EQUIPMENT REQ. PRICE Walking Stick 2 S 60.00 ea. (Roll-A-Tape) 50' Steel Tape Measure 2 S 15 .00 ea. 12' Steel Tape Measure 2 8 3.00 ea. Orange Warning Cone 18" 1n e= . Jumper Cable 2 0 .00 ea. 35m.-. Camera 2 3 55 .00 ea. Polaroid Camera 2 30.00 ea. Calculator S. 60.00 e-. Lumber Crayons 1 S 53.00 gross Slim Jim Tool 1 $ 10 .00 ea. Traffic Investigation Template 2 S 6.00 ea. Radar 2 (K-55 Moving) $1 ,300.00 ea. Radar 1 ( K-15 handheld) $1 ,000.00 ea. TOTAL EQUIPMENT TO BEGIN BASIC CRIME PREVENTION PROGRAM Home Security - Neighborhood Watch Film TOTAL OVERTIME - SPECIAL /UNUSUAL EVENTS 74 hrs. X $21.40 per hour = $ 1,583.60 8 hrs. X $26.40 per hour = $ 214.40 44.5 hrs. X $10.00 per hour = $ 445.00 856 hrs. X $21.40 per hour = $18,318.40 TOTAL $20,561.40 $400.00 $400.00 - Moorpark Commercial Filming (Deputies) - Moorpark Parade (Sergeant) - Moorpark Parade (Reserve Deputies) - Moorpark Parade, Selective Enforcement, Special or :unusual Events (Special Enforcement Detail) STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPA R K ) 1, Doris D. Bankus , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 84 -101 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 2_ day of June , 19 84 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 20 day of June , 19 84 CITY CLERK