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Home My WebLink AboutMINUTES - 12201994 - 1.67 TO: BOARD OF SUPERVISORS •�-�'. w •'�• Contra Costa FROM: PHIL BATCHELOR, County Administrator °a County DATE: December 6, 1994 SUBJECT: Agreement With School Districts or Other Entities to Reimburse the Sheriff for Security Services SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS : Authorize the Sheriff or designee to execute, on behalf of the County, a contract with school districts or other entities to provide security at special events, such as, sporting events and dances . FINANCIAL IMPACT: None . All expenditures will be reimbursed by the school or entity. REASONS FOR RECOMMENDATION/BACKGROUND: In the past several years, high schools in the San Ramon Valley Unified School District have experienced an escalation of violence and disruption at certain school events,. These high schools have expressed their dissatisfaction with the level of service provided by private security agencies . As a result, they have requested the Sheriff provide Reserve Deputies and off-duty Deputy Sheriffs for security at these events . The high schools have agreed to reimburse the Sheriff for these services . This agreement is entered into under, and subject to, the Joint Exercise of Powers Act (Government Code Sections 6500 et seq. ) and Government Code Sections 54980 et . seq. CONSEQUENCES OF NEGATIVE ACTION: Negative action will leave the high schools in the San Ramon Valley Unified School District withou satisfactory security service . Continued on Attachment: YES Signature: 4 Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) Action of Board on: BE C 2 ® 1994 Approved as Recommended Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE / AND CORRECT COPY OF AN ACTION TAKEN �/— Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: ) BOARD OF SUPERVISORS ON DATE SHOWN. DEC 2 ® ft Contact: Attested: cc: Justice System Programs Phil Batchelor, Clerk. of Sheriff the Board of Supervisors and County Administrator By: "" • ` O� � DEPUTY ' AGREEMENT FOR LAW ENFORCEMENT SERVICES 1. Parties. This agreement is made by and between San Ramon Valley High School (hereinafter "District") and the County of Contra Costa through its Sheriffs Office (hereinafter "Sheriff"). 2. Purpose of the Agreement. The purpose of this agreement is to provide for additional law enforcement services at special events, such as sporting events and dances, conducted by District. 3. Term. This agreement shall become effective on September 1, 1994 and continue in force until terminated by either provided herein. 4. Termination. This agreement may be terminated by either party upon 30 days advance written notice thereof to the other party or canceled immediately by written mutual consent. 5. Legal Authority. This agreement is entered into under, and subject to, the Joint Exercise of Powers Act (Government Code sections 6500 et seq.) and Government Code sections 54980 et seq. 6. Sheriffs Obligations. Sheriff shall provide to District law enforcement services for special events, such as sporting events and dances, conducted by District as follows: a. Upon District's request for law enforcement services at a special event conducted by District, Sheriff may agree to provide law enforcement services at the special event or may refuse to provide said services. Sheriff is under no obligation hereunder to provide said law enforcement services at any special event. b. If Sheriff agrees to provide said law enforcement services for a special event, Sheriff has sole authority to determine the number and identities of deputy sheriffs and/or reserve deputy sheriffs who will be assigned to work at the special event. Sheriff retains control over the deputy sheriffs and/or reserve deputy sheriffs who will be assigned to work at the special event. C. The law enforcement services to be performed by deputy sheriffs and/or reserve deputy sheriffs assigned to work at any special event may include patrol, investigative, report writing, and/or traffic safety services. 7. District's Obligation to Make Request. District's request for law enforcement services at a special event sponsored by District shall be in writing, and set forth the type of special event, the address of the event, the date of the event, the starting and expected ending time of the event, and any special circumstances surrounding the event. Said written request shall be submitted to Sheriff Reserve Coordinator of the Sheriff's Department, at 1980 Muir Rd., Martinez, CA 94553 1 8. Payment Provisions. Subject to the following Payment Provisions, District will pay Sheriff the following hourly rates as full compensation for all law enforcement services provided by Sheriff at special events conducted by District: (1) The hourly rate for deputy sheriffs is $ 50.00 , and the overtime rate (one and a half times the hourly rate) for work over eight hours in a day is $__5O.00 . (2) The hourly rate for reserve deputy sheriffs is $ 30.00 , and the overtime rate (one and a half times the hourly rate) for work over eight hours in a day is $-_10.00 . (3) These hourly rates may be adjusted by Sheriff upon 45 days written notice to district. Upon the effective date of said adjustments, the written notice provided by Sheriff, setting forth the adjusted hourly rates, shall be incorporated by reference herein. b. For each special event for which Sheriff provides law enforcement services, District shall pay for a minimum of three hours of work for each deputy sheriff and reserve deputy sheriff and reserve deputy sheriff assigned to work at the special event. C. Hourly rates begin when the particular Sheriff officer arrives at the special event and end when that Sheriff officer departs the special events. d. District shall be charged and pay hourly rates in thirty (30) minute increments. Hours of work by each deputy sheriff and/or reserve deputy sheriff shall be rounded off to the nearest half hour. e. Sheriff shall submit written demands for payment to District, based on the above hourly rates. District shall make payments to Sheriff no later than 30 days from the date such demand is placed in the mail. f. Sheriff shall account for all funds provided hereunder and maintain appropriate records and reports regarding all receipts and disbursements. Sheriff shall provide financial reports to District upon request. 9. Indemnification. a. District shall defend, save harmless and indemnify Sheriff,and their officers, agents and employees, from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of District hereunder, resulting from the conduct, negligent or otherwise, of District, its officers, agents and employees. 2 �l1 10. District Cooperation. District shall give Sheriff the full cooperation and assistance of its officers, agents, and employees and hereby designates its Sheriff Reserve Coordinator as its representative to coordinate with Sheriff all activities provided pursuant to this agreement. 11. Independent contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between eh parties of agent, servant, employee, partnership, joint venture or association. Deputy sheriffs and reserve deputy sheriffs employed in the performance of services under this agreement are Sheriff employees, and do not have and do not acquire any pension, civil service, or any other status or right which District confers upon its employees. 12. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this agreement may provide some aid or assistance to members of the County's population, it is not the intention of either Sheriff or District that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this agreement. 13. Amendments. This agreement may be modified or amended by a written document executed by the parties to this agreement. 14. Entire Agreement. This agreement contains all of the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. 15. Signatures. These signatures attest the parties' agreement hereto. COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS ST: . Phil Batchelor, Clerk of the Bo Supervisors unty Administrat By Chairman/Designee Deputy DISTRICT By - Title -1, . Contrad.ra/W% 3