CITY COUNCIL: Resolution for Agreement with Pacific Grove to Provide Part-Time Traffic Enforcement Services

Meeting Date: November 3, 2009
Prepared by: George Rawson, Public Safety Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City Administrator to enter into an agreement with the City of Pacific Grove to provide part-time traffic enforcement services.

Description: The Pacific Grove Police Department is experiencing a staffing shortage and has asked the City of Carmel-by-the-Sea to temporarily assist with its traffic enforcement.

Pacific Grove is in the process of recruiting new officers, but since this may take several months, they need help now. Pacific Grove expects that Carmel’s assistance will be needed for less than one year.

The City of Carmel-by-the-Sea would provide, as reasonably possible, a traffic (motor) enforcement officer for 20 hours per week. All costs borne by Carmel would be reimbursed by Pacific Grove, pursuant to the Services Agreement referenced and contained in the Staff Report, attached as Exhibit “A.”

Overall Cost:
City Funds: Net cost to city is zero. The potential revenue is $67,000, as specified in Exhibit “A”.

Staff Recommendation: Adopt the Resolution authorizing the City Manager to enter into an agreement with the City of Pacific Grove to provide part-time traffic enforcement services.

Important Considerations: The Carmel-by-the-Sea Police Department would have first right of refusal to provide this assistance, subject to scheduling conflicts and the needs of our own city.

Decision Record: None

Reviewed by:

_________________________________ ______________________
Rich Guillen, City Administrator Date

TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E. RAWSON, PUBLIC SAFETY DIRECTOR
DATE: NOVEMBER 3, 2009
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF PACIFIC GROVE TO PROVIDE PART-TIME TRAFFIC ENFORCEMENT SERVICES
__________________________________________________________________
I. RECOMMENDED MOTION:
Adopt the Resolution.

II. BACKGROUND:
The Pacific Grove Police Department has a temporary shortage of police officers, and has asked Carmel-by-the-Sea to provide a part-time motor officer to help with traffic enforcement in their city.

The Pacific Grove Police Department has several candidates undergoing background checks, but it will take several months before these candidates can be hired, trained, and released for solo duty. During this period of low staffing in Pacific Grove, the Carmel Police Department is willing to loan one traffic officer for 20 hours per week. The costs
associated with sharing a motor officer were calculated and agreed upon for payment by Pacific Grove. A copy of the Services Agreement is contained at the end of the Pacific Grove Staff Report, attached as Exhibit “A.” The agreement contains the details related to scope of services, compensation, administration, and release of liability. The Pacific Grove City Council will discuss and take action regarding this agreement at its November 4, 2009 meeting date.

III. STAFF REVIEW:
The Carmel Police Department is fully staffed and is willing to share a part-time motor officer on an interim basis with Pacific Grove. The Public Safety Director will administer all provisions contained within the Services Agreement, including the preparation of monthly reports and coordination of invoices by the Administrative Services Director.

The hourly cost to provide services to Pacific Grove was calculated to include: salary; benefits; motorcycle mileage costs; and administrative overhead. The total costs for this interim agreement will not exceed $67,000.

The capacity of the Carmel Police Department to assist Pacific Grove is, of course, contingent on its own staffing needs. The proposed agreement grants the Public Safety Director first right of refusal, based on his determination of Carmel’s public safety needs and priorities.

IV. FISCAL IMPACT:
Net zero cost to the city. The revenue potential is an amount up to $67,000.

V. SUMMARY:
The Pacific Grove and Carmel Police departments believe it is important to work jointly to solve problems and to support each other’s public safety needs. This is a unique opportunity for the Carmel and Pacific Grove departments to work together for the betterment of their agencies and the communities they serve.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF PACIFIC GROVE TO PROVIDE PART-TIME TRAFFIC ENFORCEMENT SERVICES
_______________________________________________________________
WHEREAS, Pacific Grove desires to contract with the City of Carmel-by-the-Sea to provide law enforcement services in the City of Pacific Grove as defined in the Services Agreement scope of work, attached as Exhibit “A”; and

WHEREAS, the City of Carmel-by-the-Sea desires to contract with the City of Pacific Grove to provide law enforcement services as specified above; and

WHEREAS, said services will be provided by a uniformed traffic (motor) officer, motorcycle, and related equipment to provide law enforcement services, including but not limited to, monitoring and enforcing state and local traffic regulations, investigating traffic accidents, preparing traffic investigation reports both criminal and civil, and conducting general law enforcement services.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize the City Administrator to sign the Services Agreement, as specified in Exhibit “A” attached hereto.

2. Authorize the Administrative Services Director to receive funds as invoiced to Pacific Grove and deposit said funds in Account 01-36526.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
this 3rd day of November 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

______________________
SUE McCLOUD, MAYOR

ATTEST:

_____________________
Heidi Burch, City Clerk

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950

AGENDA REPORT
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: POLICE CHIEF DARIUS ENGLES
MEETING DATE: OCTOBER 21, 2009
SUBJECT:
CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF CARMEL-BY-THE-SEA TO CONTRACT FOR PART-TIME TRAFFIC ENFORCEMENT SERVICES CEQA: DOES NOT CONSTITUTE A “PROJECT” PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES

RECOMMENDATION
Authorize the City Manager to enter into the contact with the City of Carmel-By-The-Sea to contract for shared traffic enforcement police services.

DISCUSSION
Over the past several years the Pacific Grove Police Department has had difficulty maintaining the full allotment of police officer positions. The Department was recently reduced in allocated positions from 23 to 22; only 19 of the positions are currently filled and there is a strong possibility that other officers will leave the department in the near future. The Department has retained strong recruiting efforts and currently has three candidates in the background process.

The recruiting and training process, however, requires an extended period; with training constraints it sometimes takes up to a year to get an officer on board.

To help remedy the shortage of police officers, the Pacific Grove Police Department and the Carmel Police Department have agreed to share a police officer. We propose to share the services of Carmel’s Motorcycle Police Officer (Motor Officer), who would work approximately 20 hours per week in each jurisdiction. The Motor Officer will work a flexible day shift and will concentrate on the much needed area of traffic enforcement.

Because of previous personnel reductions in the Pacific Grove Police Department, we have not fielded a Motor Officer in almost five years. The Motor Officer is assigned to the traffic concerns of the city, and generally cannot be taken away from the responsibilities of other types
of calls for service. In the 2004 Citizen Survey, the citizens of Pacific Grove stated that traffic issues were their top concern. While the patrol officers may be diligent in traffic enforcement, it is preferable to have a designated traffic officer.

Studies have shown that departments that have a highly visible and effective traffic enforcement program leads to a lower crime rate and that effective traffic enforcement can lead to the
discovery and solving of crimes. This contact will allow the Pacific Grove Police Department to immediately fill the gap while the department remains diligent in filling its allocated positions.

FISCAL IMPACT
Not to exceed $67,000 within the next 12 months (20 hours per week @ 69.75 per hour for 48
weeks). This fiscal impact is within the Police Department’s budget for FY 2009/2010.
ATTACHMENTS
• Resolution
• “Agreement for Services” contract between The City of Pacific Grove and The City of
Carmel-By-The-Sea
RESPECTFULLY SUBMITTED: REVIEWED BY:
_____________________________ ________________________________
Darius Engles Thomas Frutchey
CHIEF OF POLICE CITY MANAGER
194
RESOLUTION NO. 09-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE
CITY OF PACIFIC GROVE AND THE CITY OF CARMEL-BY-THE-SEA FOR
PART-TIME TRAFFIC ENFORCEMENT SERVICES
WHEREAS, CARMEL-BY-THE-SEA (hereinafter referred to as “Carmel”) desires to contract
with PACIFIC GROVE a part-time uniformed traffic officer, motorcycle, and equipment to provide law
enforcement services including but not limited to, monitoring and enforcing state and local traffic
regulations, investigating traffic accidents, preparing traffic investigation reports both criminal and civil,
and conducting general law enforcement services.
WHEREAS, PACIFIC GROVE desires to contract with CARMEL to provide law enforcement
services in the City of Pacific Grove as defined above and in the Scope of Services, attached hereto as
Exhibit “A, and incorporated by reference.
NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully
herein.
SECTION 2. The Agreement entitled “Agreement for Services” between the City of Pacific Grove and the
City of Carmel hereby is approved and the City Manager is authorized and directed to sign the Agreement
for the City, attached hereto.
SECTION 3. This resolution shall become effective immediately following the passage and adoption
hereof.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE THIS ____ day
of ____________, 2009, by the following vote:
AYES:
NOES:
ABSENT: APPROVED:
____________________________
ATTEST: CARMELITA GARCIA, Mayor
:
___________________________________
JAMES L. BECKLENBERG, City Clerk
APPROVED AS TO FORM:
_________________________________
DAVID C. LAREDO, City Attorney
195
DRAFT
−1−
AGREEMENT FOR SERVICES
THIS AGREEMENT is entered into on this ____ day of
__________, 2009, by and between the CITY OF CARMEL-BY-THE-SEA,
a municipal corporation, (hereinafter referred to as ("CARMEL")
and the CITY OF PACIFIC GROVE, a municipal corporation
(hereinafter referred to as "PACIFIC GROVE").
W I T N E S S E T H
WHEREAS, CARMEL desires to contract with PACIFIC GROVE a
part-time uniformed traffic officer, motorcycle, and equipment
to provide law enforcement services including but not limited
to, monitoring and enforcing state and local traffic
regulations, investigating traffic accidents, preparing traffic
investigation reports both criminal and civil, and conducting
general law enforcement services.
WHEREAS, PACIFIC GROVE desires to contract with CARMEL to
provide law enforcement services in the City of Pacific Grove as
defined above and in the Scope of Services, attached hereto as
Exhibit “A, and incorporated by reference.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. TERM
The term of this Agreement shall be for one (1) year from
_________________ (hereinafter ”Commencement Date“) through and
including _____________________.
2. SCOPE OF SERVICES
A. CARMEL shall contract employee Corporal Steve Rana on
an hourly basis for the purposes of providing law enforcement
services as defined in Exhibit “A”, attached hereto and
incorporated by reference.
B. PACIFIC GROVE shall notify CARMEL at least two (2)
weeks in advance of any schedule modifications.
C. CARMEL has the right of first refusal due to
scheduling conflicts to cover shifts.
3. COMPENSATION/SERVICE RATES
196
DRAFT
−2−
A. PACIFIC GROVE agrees to pay CARMEL a normal billing
rate of SIXTY NINE AND 75/100 DOLLARS ($69.75) per hour not to
exceed twenty (20) hours per work week, and 52/100 cents ($0.52)
per mile while Corporal Rana is working under this Agreement for
PACIFIC GROVE. The mileage rate will commence within the City
limits of Pacific Grove.
B. In addition to the first billing rate for twenty (20)
hours as set forth above, PACIFIC GROVE agrees to pay CARMEL an
Overtime Rate at SIXTY SEVEN AND 80/100 DOLLARS ($67.80) per
hour (above 20 hrs), for services related to this Agreement
including but not limited to court time and Holidays. The
Holidays subject to this special rate are: New Years Day, Martin
Luther King Day, Lincoln’s Birthday, Presidents Day, Memorial
Day, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving Day,
Post Thanksgiving Day, Christmas Eve, and Christmas Day. Court
time applies to cases representing PACIFIC GROVE enforcement
action.
C. CARMEL shall submit billing invoices to PACIFIC GROVE
bi-weekly following completion of such services and payment
shall be due upon receipt by PACIFIC GROVE of CARMEL’s billing.
PACIFIC GROVE shall review and approve CARMEL’s billing under
this agreement.
D. If any invoice remains delinquent for a period in
excess of thirty (30) days, then, PACIFIC GROVE shall pay to
CARMEL interest on any invoice that is not paid when due at the
maximum interest rate permitted by law from the thirtieth (30th)
day following the date such amount became due, until paid.
4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Chief of Police of CARMEL or his or her designee
shall have the primary administrative responsibility under this
Agreement, but with the consultation of the Chief of PACIFIC
GROVE or his or her designee.
B. Complaints. The process for receiving citizen
complaints, internal complaints and/or addressing misconduct
shall be as follows:
1) PACIFIC GROVE shall receive and documents forward
to Carmel any and all initial complaints, formal and
informal;
197
DRAFT
−3−
2) PACIFIC GROVE shall forward all documentation,
including reporting party contact information, to CARMEL
for appropriate action. CARMEL will be the sole custodian
of all records relating to citizen complaints.
3) Minor complaints that are informal in nature may
be initially addressed by PACIFIC GROVE, who should in turn
shall inform CARMEL of the nature of the complaint.
4) CARMEL reserves the right to make final
determination on how the complaint will be administered.
5) CARMEL shall be responsible for the cost of an
Internal Affairs (“IA”) investigation steaming from the
actions of Corporal Rana.
6) The Chief of Police of CARMEL shall inform the
Chief of Police of PACIFIC GROVE the results of any IA
investigation stemming from actions of Corporal Rana.
C. Pitchess Motions. CARMEL shall be responsible, at its
sole cost, for any Pitchess Motion relating to Corporal Rana.
5. WAGES AND SUPERVISION OF CORPORAL RANA
Corporal Rana is an employee of CARMEL. CARMEL shall
deduct from wages, taxes (including, but not limited to federal
and state unemployment taxes, Medicare) and other benefits and
expenses relating to Corporal Rana’s employment and CARMEL’S
current Memorandum Of Understanding (“MOU”). CARMEL shall
provide training but will share the cost of any training or
schools relating to traffic investigation. All training shall
be approved by both parties. Supervision will fall under the
Chief of Police or his designee for each jurisdiction as well as
following respective policy and procedures. Corporal Rana will
provide input regarding the effectiveness of the program.
6. RENEWAL AND SERVICE RATE INCREASE
PACIFIC GROVE agrees that CARMEL shall have an annual right
to increase the service rate provided herein up to FIVE PERCENT
(5%) after the expiration of one (1) year from the Commencement
Date of this Agreement. If the increase is to be more than FIVE
PERCENT (5%) PACIFIC GROVE shall be given at least thirty (30)
days prior written notice, and PACIFIC GROVE may cancel the
unexpired term of this Agreement effective on the date of the
proposed rate increase by notifying CARMEL within ten (10) days
of the date of CARMEL’s rate increase notice.
198
DRAFT
−4−
7. SUSPENSION/TERMINATION OF AGREEMENT
This Agreement may be terminated with or without cause by
either party upon sixty (60) days written notice delivered as
set forth in this Agreement.
8. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred
by either party hereto without the prior written consent of the
other party.
9. HOLD HARMLESS
A. PACIFIC GROVE agrees to indemnify, defend and save
harmless CARMEL, its respective elected and appointed officials,
officers, agents, and employees, from and against all claims,
losses, actions, damages, expenses and liabilities, including
reasonable acts or omissions, to the extent those acts or
omissions related to the provision of law enforcement services
for PACIFIC GROVE under this Agreement in accord with the Scope
of Services set forth in Exhibit A, attached hereto and
incorporated by reference. PACIFIC GROVE assumes workers
compensation liability for injury or death of its elected and
appointed officials, officers, agents, and employees, and
assumes no worker’s compensation responsibility for the elected
and appointed officials, officers, agents, and employees of
CARMEL.
B. CARMEL agrees to indemnify, defend and save harmless
PACIFIC GROVE, its respective elected and appointed officials,
officers, agents, and employees, for any acts of sole negligence
or willful misconduct by CARMEL, its officers or employees,
excepting actions of Steve Rana when performing services within
the scope set forth in Exhibit A, attached hereto and
incorporated by reference.
C. To this end, both parties shall maintain in force at
all times during the performance of this Agreement a policy of
insurance covering all of its operations (including public
liability and property damage) naming the other party as an
additional insured, with not less than $5,000,000.00 single
limit liability and motor vehicle insurance, covering all motor
vehicles (whether or not owned) used in providing services under
this Agreement with a combined single limit of not less than
199
DRAFT
−5−
$1,000,000.00. Notice in writing shall be given at least thirty
(30) days in advance of cancellation thereof. Insurance shall
be in a company authorized by law to transact insurance business
in the State of California. In addition, PACIFIC GROVE and
CARMEL agree that PACIFIC GROVE and CARMEL may self-insure
against any loss or damage, which could be covered by a
comprehensive general public liability insurance policy, and may
also obtain coverage through an insurance pool.
D. Policies shall also be endorsed to provide such
insurance as primary insurance and that no insurance of an
additional insured shall be called on to contribute to a loss
covered by insurance. Any insurance required of either party to
this Agreement may be provided by a plan of self-insurance
and/or a public entity risk-sharing agreement at the option of
the party.
10. INSURANCE AND WORKER’S COMPENSATION
CARMEL certifies that it is aware of the provisions of the
Labor Code of the State of California which require every
employer to be insured against liability for workers‘
compensation or to undertake self-insurance in accordance with
the provisions of that Code, and it certifies that it will
comply with such provisions before commencing performance under
this Agreement.
11. NOTICES
A. Any notice to be given to the parties hereunder shall
be addressed as follows (until notice of a different address is
given to the parties):
CITY: City Clerk
City of Carmel-by-the-Sea
P.O. Box CC [Monte Verde between Ocean and
Seventh Avenues]
Carmel-by-the-Sea, CA 93921
With a copy to: Chief of Police
Carmel-by-the-Sea Police Department
P.O. Box 600 [Southeast corner of Junipero
and Fourth Avenues]
Carmel-by-the-Sea, CA 93921
200
DRAFT
−6−
CITY: City Clerk
City of Pacific Grove
300 Forest Ave
Pacific Grove, CA 93950
With a copy to: Chief of Police
Pacific Grove Police Department
580 Pine Ave.
Pacific Grove, CA 93950
Any and all notices or other communications required or
permitted relative to this Agreement shall be in writing and shall
be deemed duly served and given when personally delivered to either
of the parties, CARMEL or PACIFIC GROVE, to whom it is directed; or
in lieu of such personal service, when deposited in the United
States mail, first class, postage prepaid, addressed to CARMEL or
PACIFIC GROVE at the addresses set forth above.
Either party may change their address for the purpose of
this paragraph by giving written notice of such change to the other
party in the manner provided for in the preceding paragraph.
12. ATTORNEY'S FEES AND COURT VENUE
Should either party to this Agreement bring legal action
against the other, (formal judicial proceeding, mediation or
arbitration), the case shall be handled in Monterey County,
California, and the party prevailing in such action shall be
entitled to a reasonable attorney’s fee which shall be fixed by the
judge, mediator or arbitrator hearing the case and such fee shall be
included in the judgment, together with all costs.
13. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
This document represents the entire and integrated Agreement
between CARMEL and PACIFIC GROVE and supersedes all prior
negotiations, representations and agreements either written or oral.
14. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
California.
15. SEVERABILITY
201
DRAFT
−7−
If any term of this Agreement is held invalid by a court of
competent jurisdiction the remainder of this Agreement shall remain
in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date first hereinabove written.
CITY OF CARMEL
By: __________________________
Its: __________________________
CITY OF PACIFIC GROVE
By: __________________________
Its: __________________________
202
DRAFT
−8−
203
DRAFT
EXHIBIT A
SCOPE OF SERVICES
Under supervision of the Chief of police of PACIFIC
GROVE or his or her designee, monitor and enforce State and
local traffic regulations, investigate traffic accidents,
control traffic flow, and provide general public safety law
enforcement services.
1) Respond to public service calls and
complaints regarding major traffic accidents.
2) With the PACIFIC GROVE Police supervisor’s
approval be available for investigating major
traffic accidents beyond normal duty hours.
3) Maintain high visibility and accessibility to
the public.
4) Enforce State and local traffic regulations.
5) Cite illegally parked vehicles.
6) Monitor the flow of traffic through
selective/preventive enforcement methods.
7) Assist citizens by providing directions and
locations for different services.
8) Respond as a cover to assist other officers
unless the service call is relating to
traffic enforcement or vehicle accidents.
9) Respond anytime to assist the public against
the threat of life.
10) Controls and directs vehicle and pedestrian
traffic at the scene of accidents, public
functions, or at other times when such
control is needed and approved by both
parties.
11) Enforcement Hours Time/Day- Corporal Rana
will perform enforcement duties on days and
times mutually agreed upon between CARMEL and
PACIFIC GROVE. Both parties agree that work
schedules will need to be flexible, and
capable of modification by providing
reasonable advance notice. Corporal Rana
will seek to provide an average of 20 hours
per week, depending on individual parties’
needs and Rana’s availability.
12) Inclement Weather- Enforcement duties may
need to be modified due to weather
conditions. Modifications may include using
−9−
204
DRAFT
a patrol vehicle vs. a motorcycle for
enforcement duties.
13) Court Appearances- PACIFIC GROVE agrees to
pay overtime for court cases relating to
PACIFIC GROVE enforcement actions when
appearances are scheduled during none regular
work hours.
14) Supervision, Operations, and Policy
Compliance- Corporal Rana will be operating
under control of CARMEL policies, but under
the supervision of the PACIFIC GROVE Police
Chief or his or her designee. Any conflicts
regarding policy, procedure, practices will
be mutually addressed by each Police Chief or
their designee. PACIFIC GROVE supervisors
will be responsible for report/citation
review, audits, and related administrative
oversight of Corporal Rana’s work.
15) Communications: Corporal Rana will operate on
PACIFIC GROVE’S radio frequency while
conducting scope of work for PACIFIC GROVE.
Timekeeping: CARMEL and PACIFIC GROVE will mutually
develop a record keeping system that detail, date, day, and
hours worked by Corporal Rana for PACIFIC GROVE