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HomeMy WebLinkAboutMINUTES - 05161995 - 1.63 1 .63 To: BOARD OF SUPERVISORS Contra f .. � rRcua Sheriff Warren Rupf Costa Yom. O h MATZ; May 8, 1995 County BUS: Authorize Sheriff to execute a contract for Police Services with with the Town of Moraga. SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Chair of the Board of Supervisors to execute an emergency Police Services Contract between the Town of Moraga and Contra Costa County for a period of six months, from May 17, 1995 to November 17, 1995. FINANCIAL IMPACT There is no detrimental impact on the County in executing this contract. All costs in- curred under the terms of this contract proposal will be paid by the Town of Moraga. (No County General Funds) . REASONS FOR RECOMMENDATION/BACKGROUND The Moraga Police Department has lost three officers in a one month period due to resig- nations. This -onstitutes an emergency shortage of police coverage for the Town. The Moraga Police Department has requested that the Office of the Sheriff provide officers on a temporary basis to ensure adequate police coverage in the Town until the Town can hire and train permanent replacements. This contract is specifically encouraged by Government Code sections 55631-55634; the Joint Exercise of Powers Act. CONSEQUENCES OF NEGATIVE ACTION Failure to approve the contract will leave the Town of Moraga unable to adequately police it's boundaries. CONTINUED ON ATTACHMENT: YES SIGNATUR cam_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAY 16 1995 APPROVED AS RECOMMENDED }� OTHER VOTE OF SUPERVISORS i- I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT :V` ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: ATTESTED MAY 16 1995 CC: CAO- Justice Systems Programs PHIL BATCHELOR.CLERK OF THE BOARD OF Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller ` MW2 (Iris) BY DEPUTY 163 CONTRACT FOR LAW ENFORCEMENT SERVICES 1. PARTIES, This Contract is entered into by and between the Town of Moraga (hereinafter called TOWN),and the County of Contra Costa(hereinafter called COUNTY). 2. TERM. This Contract shall become effective at 12:01 a.m. on May 17, 1995 and terminates at 11:59 p.m. on November 17, 1995, unless sooner terminated as provided herein 3. TOWN OBLIGATIONS. TOWN shall make to the COUNTY those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject all the terms and conditions or incorporated herein. 4. COUNTY OBLIGATIONS. COUNTY shall provide those resources as described in Service Plan, attached hereto, which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 5. CONTRACT PROVISIONS. This contract is subject to the General Conditions, Payment Provisions and Service Plan attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. Attachment is included for reference only and is not a part of this contract. 6. LEGAL AUTHORITY. This contract is entered into under and subject to Government Code sections 55631 through 55634, the Joint Exercise of Powers Act (Government Code section 6500 et seq.) and any and all other applicable authority. 7. ENTIRE AGREEMENT. This contract contains all 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 contract shall be deemed o exist or to bind any of the parties hereto. 8. SIGNATURES. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, TOWN OF MORAGA, CONTRA CALIFORNIA COSTA COUNTY, CALIFORNIA J By: By: Gayle Bi op,Chair of the Bo of ame J Sweeney, ay r Supervisors ATTEST: Phil Batchelor, Clerk of the Board of ATTEST: Ross G. Hubbard, Town Manager Supervisors By'-- = ----------- By: APPROVED AS TO FORM: Date: 23-9.s -------------------------- By Counsel Date: GENERAL CONDITIONS 1 . LABOR RELATIONS. a. COUNTY shall negotiate and administer all labor relation agreements and personnel rules and procedures between COUNTY and its employees rendering services under this Contract.The TOWN may at any time report to COUNTY their concerns about COUNTY personnel performing services under this Contract. COUNTY will investigate and take whatever action it deems appropriate. b. In the event obligations under this Contract by COUNTY to furnish law enforcement services to the TOWN are interrupted by strikes, boycotts or other forces beyond control of COUNTY, COUNTY shall make pro-rata adjustment or refund of amounts payable to COUNTY hereunder. Further, in the event of any such strike or boycott, COUNTY will exert reasonable means available to provide law enforcement services to the TOWN, and agrees that the TOWN may, at its option, secure law enforcement service from another agency during the term of any such strike or boycott. c. COUNTY agrees that day-to-day supervision of its employees assigned to the TOWN, shall be provided by TOWN police supervisors. COUNTY will investigate any complaints against its employees. Under no circumstances shall TOWN impose or attempt to impose personnel discipline against any COUNTY employee. 2. INDEMNIFICATION. a. COUNTY shall defend, save, and hold harmless and indemnify the TOWN and its officers and employees from any and all claims,costs and liability for damages for death, sickness or injury to person(s) or property, including without limitation all consequential damages from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the COUNTY or its agents, servants or employees hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the TOWN or its officers or employees. b. TOWN shall defend, indemnify, save, and hold harmless the COUNTY and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the TOWN or its agents, servants,or employees hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the COUNTY or its officers or employees. 3. TOWN COOPERATION. The TOWN shall give COUNTY the full cooperation and assistance of its officers, agents and employees, and hereby designates its Chief of Police as its. representative to coordinate with the Sheriff all activities pursuant to this Contract. 4. WORK SPACE AND SUPPORT SERVICES, The TOWN agrees to provide COUNTY personnel with work space, vehicles and other such services and equipment as may be required for the performances of services under this Contract. 5. TITLE TO REPORTS. All law enforcement records and reports prepared by COUNTY personnel in conjunction to this Contract shall be the property of the TOWN.The TOWN agrees to maintain such records and reports in accordance with all legal requirements and to make such records and reports available to COUNTY personnel upon request. 6. MISCELLANEOUS PROVISIONS. a. The COUNTY shall permit the authorized representative of the TOWN to inspect and audit all records relating to performance under this Contract, unless otherwise precluded by law. b. The COUNTY shall not assign or transfer any interest in this Contract without prior written consent of the TOWN. c. The COUNTY shall maintain a program of self-insurance for its Comprehensive General and Automobile Liability insurance. The COUNTY agrees to maintain a program of self-insurance as required by the State of California, covering Workers' Compensation benefits payable to its employees injured in the scope of their employment under this Contract. d. The TOWN agrees that, due to the emergency nature of this Contract, that COUNTY personnel shall use crime reporting forms provided by the Office of the Sheriff. 7. COUNTY EMPLOYEES' STATUS A Persons employed by the COUNTY in the performance of services under this Contract are COUNTY employees, and do not have and do not acquire any pension, civil service or any other status or right which the TOWN confers upon its employees. 8. TOWN RESPONSIBILITY TO COUNTY PERSONNEL. The TOWN is not responsible for the direct payment of salaries, wage or other compensation to any COUNTY personnel performing services under this Contract, nor for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. 9. CONTRACT TERMINATION, This Contract may be terminated by either party, at their sole discretion, upon fourteen (14) day advance written notice thereof to the other, and may be canceled immediately by written mutual consent. The COUNTY shall be paid its costs, including Contract close-out costs on work performed up to the time of termination. The COUNTY shall promptly submit its termination claim. If the COUNTY has any property in its possession belonging to the TOWN, the COUNTY shall account for same, and dispose of it in the manner the TOWN directs. 10. NOTICES. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States Mail, postage prepaid. All notices shall be mailed first class, certified mail, return receipt requested. Notices to the COUNTY shall be delivered to the Office of the Sheriff at 651 Pine Street, Martinez, CA 94553, Attention Patrol Division. Notices to the TOWN shall be delivered to Ross G. Hubbard, Town Manager, Town of Moraga, 2100 Donald Drive, Moraga, CA 94556. The effective date of said notice shall be the date of delivery as indicated on the return receipt. 1 1 . PERFORMANCE DELAYS. The COUNTY shall not be held liable for delays directly resulting from problems of scheduling on the part of the TOWN. PAYMENT PROVISIONS 1 . INVOICE. An invoice will be provided by COUNTY to the TOWN on a monthly basis and shall include the following: a. Actual payroll costs including salary, retirement, medical insurance, workers' compensation, educational incentive pay, unemployment insurance, uniform allowance and all other associated costs of COUNTY personnel assigned to the TOWN as reflected in COUNTY's records, adjusted for any overtime worked by COUNTY personnel assigned to the TOWN which is not related to the services rendered by COUNTY to the TOWN under this Contract. b. Charges to TOWN will include the addition of $2,275.00 per Deptuy Sheriff per year (pro-rated for the duration of the Contract)to pay the cost of liabilty insurance. c. The costs of this Contract are in addition to the existing Contract between COUNTY and TOWN for Communications services. This Contract does not include any additional charges for Communications services. 2. RATE ADJUSTMENTS. Rates shall be adjusted based on increases in wages and benefits as well as any other actual increases incurred by COUNTY for services provided under this Contract. Whenever the Board of Supervisors, by ordinance, increases the salaries of Sheriff's Office personnel, the Sheriff shall make corresponding changes in the rate charged to the TOWN. 3. PAYMENT. Payments by the TOWN to the COUNTY shall be made within thirty (30) days of mailing or delivery of the monthly invoice. SERVICE PLAN The COUNTY shall allocate personnel to the TOWN which shall consist of three (3) Deputy Sher'iff's. This number is subject to adjustment by written agreement of both parties.