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HomeMy WebLinkAboutMINUTES - 04102006 - C.83 -8E--� o� I'O: BOARD OF SUPERVISORS �,. Contra FROM: Warren E. Rupf, Sheriff ` = .. _ ` Costa DATE: April 10, 2006 asrA,�o County SUBJECT: West Contra Costa Unified School District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff, or designee, to execute a contract with the West Contra Costa Unified School District in an amount not to exceed $30,033 to provide one full-time Deputy Sheriff for the period April 1, 2006 through June 30, 2006. II. FINANCIAL IMPACT: None. III, BACKGROUND: The Office of the Sheriff will provide one full time Deputy Sheriff who shall be designated the primary West Contra Costa Unified School District (WCCUSD) Peace Officer at a designated District High School. The Deputy assigned to this position will participate in WCCUSD support programs and activities of general interest to local citizens and personnel of WCCUSD. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: [94ECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE D-OPROVE ❑ OTHER r SIGNATURE(S). � /q1 cc�] ACTION OF B ON A'L t oc-.5�I APPROVED AS RECOMMENDED THEIR ❑ VOTE OF SUPERVISORS. / I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND 11NANIMOUS(ABSENTENTERED ON THE MINUTES OF THE BOARD OF 7YE : NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: I ATTESTED Contact: Connie Ames 335-1553 JOHN CULLEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: Office of the Sheriff CAO—Justice System Administration i By: G1�(' , Deputy „ Contra Costa County STANDARD CONTRACT Number: 'Standard Form L-1 (Purchase of Services — Long Form) Fund/Org#: 2505 Revised 2002 Account#: 2310 Other#: 1. Contract Identification. Department: Office of the Sheriff Subject: West Contra Costa Unified School District 1. Parties. This Contract is entered into by and between the West Contra Costa Unified School District (hereinafter called WCCUSD) and the County of Contra Costa (hereinafter called COUNTY). 2. Term. This Contract shall become effective at 12:01 a.m. on April 1, 2006, and continue in force through June 30, 2006. 3. Existing Agreements Superseded. All existing agreements between COUNTY and WCCUSD for law enforcement services in WCCUSD are hereby superseded by this agreement. 4. District Obligations. WCCUSD shall make to the COUNTY those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 5. County Obligations. COUNTY shall provide those services and carry out that work described in the Service (Plan attached hereto.which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special C Inditions. This contract is subject to the Service Plan, General Conditions, Special Conditions and Payment Provisions attached hereto, which are incorporated herein by reference. 7. Legal Authority. This contract is entered into under and subject to Government Code section 26227. 8. 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 to the subject matter of the Contract shall be deemed to exist or to bind any of the parties hereto. , i 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT CONTRA COSTA COUNTY, CALIFORNIA By: By: Warren E. Rupf, Sheriff Position: Approved as to Form: Approved as to Form: By: leleww 9 By: Del uty County unset General Counsel Attest: Date: By: SERVICE PLAN 1. Services. COUNTY shall provide to WCCUSD all law enforcement services authorized under the general laws of the State of California and local policies/ordi n� ances of WCCUSD. COUNTY shall provide to WCCUSD all personnel, materials and supplies, equipment and support services necessary,I for law enforcement programs of the WCCUSD. 2. Level of Services. The level of service provided by COUNTY to WCCUSD shall be as provided herein. a. Services shall include the enforcement of applicable state and local statutes as well as ordinances of WCCUSD. Nothing contained herein shall preclude WCCUSD from enforcing its own local ordinances. Nothing in this contractual obligation shall in any way relieve local police agencies from jurisdictional responsibility for WCCUSD facilities located in incorporated city limits. b. COUNTY shall provide one Deputy Sheriff and equipment, supplies. All COUNTY personnel shall remain under the immediate direction and control of the Office of the Sheriff, Contra Costa County. c. COUNTY shall provide law enforcement services to WCCUSD as follows: i. One full-time Deputy Sheriff who shall be designated the primary WCCUSD Peace Officer at a designated District High School. d. COUNTY shall provide for the replacement of absent personnel in accordance with the operating policies and procedures of COUNTY. e. COUNTY shall encourage the Deputy assigned to WCCUSD to get involved in WCCUSD support programs and activities of general interest to local citizens and personnel of WCCUSD. 3. Chain of Command. COUNTY personnel assigned to this contract, will be assigned to the Office of the Sheriff's Field Operations Bureau, Patrol Division. The Bay Station Commander will be responsible for oversight and management of these personnel. COUNTY personnel will receive direction and requests for service from their chain of command, but will solicit and accept direction from the WCCUSD High School Principal. The conduct of all personnel assigned to this contract will be guided by Office of the Sheriff, Policy and Procedures Manual. 4. Support Services. COUNTY shall provide to WCCUSD, at no additional cost, all support services provided by COUNTY to other incorporated cities and special districts. 5. Training. COUN Y shall provide fully trained personnel in each of the basic service areas of; patrol, traffic safety and crime prevention/ investigation. Further, COUNTY shall provide documentation of such training for each officer, upon request. 6. Scope and Level of Service. The scope and level of service provide to the WCCUSD may, be increased at the request of WCCUSD, consistent with the COUNTY's ability to provide additional services, and will be rendered at the prevailing rate. 7. This agreement ay be modified only by the execution of a mutual written amendment. PAYMENT PROVISIONS 1. Invoice. An invoice will be provided by COUNTY to WCCUSD on a monthly basis and shall include the following: a. Actual payroll costs including retirement, medical insurance, workers compensation, educational incentive pay, unemployment insurance, uriiform allowance, differentials, and COUNTY'S holiday pay of COUNTY personnel assigned to WCCUSD which is not related to the services rendered by COUNTY under this agreement. b. COUNTY personnel working in WCCUSD on a relief basis of regularly assigned WCCUSD personnel, shall be charged at the rate of top step of Deputy Sheriff pay range plus 93 percent fringe benefits costs for straight replacement, and 1.5 times the top scale of Deputy Sheriff pay range plus 11 percent fringe benefits costs for overtime replacement. c. One-twelfth lof the total yearly cost of communications, service/ supply and Inability insurance as set forth in this proposal. d. The COUNTY'S actual direct cost for capital outlay items. 2. Payment. Payments by WCCUSD to COUNTY shall be made within thirty (30) days of mailing of the invoice and in the amount stated. Payments not received with forty'-five (45) days of mailing may be subjected to a 10% late fee. 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. WCCUSD may at anytime report to COUNTY its 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 WCCUSD are interrupted by strikes, boycotts and other forces beyond control of COUNTY, COUNTY shall make a pro-rata adjustment or refund of amounts payable to COUNTY hereunder. Further, in the event of any such strike or boycott, COUNTY will exert any and all reasonable means available to provide law enforcement services to WCCUSD, and agrees that WCCUSD may at its option secure law enforcement services from another agency during the tl rm of any such strike or boycott. 2. Indemnification. COUNTY shall defend, save harmless and indemnify WCCUSD and its Officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitations, all consequential damages from any cause whatsoever arising from or connected with the operations or the services to WCCUSD hereunder, resulting from the conduct, negligent or otherwise, of COUNTY, its Officers, agents or employees. WCCUSD shall defend, save harmless and indemnify COUNTY and its Officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, incl 6 ding without limitations, all consequential damages from any cause whatsoever, resulting from the conduct, negligent or otherwise of WCCUSD, its Officers, agents or employees. 3. Agency Cooperation. I WCCUSD shall give COUNTY the full cooperation and assistance of its Officers, agents and employees and hereby designates its Agency Manager as its representative to coordinate with the Sheriff all activities provided pursuant to this Contract.) 4. Work Space and Support Services. WCCUSD agrees to provide COUNTY with work space, and such other services as may be required for the performance of services under this Agreement during those periods when the COUNTY needs to be on WCCUSD premises. The COUNTY will provide any special tools, equipment or other materials as may be necessary to perform the Agreement 6. County Employees' Status. Persons employed 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 WCCUSD confers upon its employees 6. No Agency Responsibility to Personnel. WCCUSD is not responsible for the direct payment of salaries, wages or other compensation to any COUNTY personnel i performing services under this Contract, nor for compensation or indemnity to any COUNTY employee for inju ry or sickness arising out of his employment. 7. Termination for Convenience. The WCCUSD or COUNTY may terminate this Contract at any time upon thirty (30) days written notice, or earlier upon written mutual agreement. The COUNTY shall be paid its costs, including Contract closeout 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 WCCUSD, the COUNTY shall account for same, and dispose of it as WCCUSD directs. 8. Notices. All notices provided 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, 651 Pine Street, 7th Floor, Martinez, CA 94553. Attention Patrol Division. Notices to the WCCUSD shall be delivered to the West Contra Costa Unified School District, 1108 Bissell Avenue, Richmond, CA 94801. The effective date of said notice shall be the date of delivery indicated on the return receipt. 10. Affirmative Action Policv. The COUNTY shall comply with all Federal and State laws concerning affirmative action requirements. 14 EXHIBIT "Afy Personnel • 1 Deputy Sheriff/Year($150,000) @ three months $ 37,500.00 • Liability Charge/ Deputy/Year($2,100) @ three months $ 525.00 Operations • Sheriff Radio Communications/Year($4,031) @ three months $ 1,008.00 Total: $ 39,033.00 Total proposed contract cost for three month period: $ 39.033.00