HomeMy WebLinkAboutR-11435 authorizing contracts to provide Supplemental Law Enforcement ServicesR 11435
RESOLUTION NO. 11435 (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING CONTRACTS TO PROVIDE
SUPPLEMENTAL LAW ENFORCEMENT SERVICES
WHEREAS, California Government Code section 53069.8 authorizes City Council
to contract on behalf of the Chief of Police to provide supplemental law enforcement
services (“Supplemental Law Enforcement Services”) to private individuals or entities to
preserve the peace at special events or occurrences that happen on an occasional basis,
to private nonprofit corporations that are the recipients of federal, state, county, or local
government low-income housing funds or grants to preserve the peace on an ongoing
basis, to private entities at critical facilities on an occasional or ongoing basis, and to
private schools, private colleges, or private universities on an occasional or ongoing
basis; and
WHEREAS, the San Luis Obispo Police Department receives requests from time
to time to provide Supplemental Law Enforcement Services to private entities, private
nonprofit corporations and private schools for special events or occurrences on an
occasional or ongoing basis; and
WHEREAS, if a contract is entered into to provide Supplemental Law Enforcement
Services to individuals, private entities, private nonprofit corporations, or private schools,
colleges, or universities, Government Code section 53069.8 requires the following:
1. The contract shall provide for full reimbursement to the City of the actual costs of
providing Supplemental Law Enforcement Services, as determined by the City;
2. All services provided under the contract shall be rendered by regularly appointed
full-time peace officers;
3. Peace officer rates of pay shall be governed by a memorandum of understanding;
4. The contract shall encompass only law enforcement duties;
5. Contracting for Supplemental Law Enforcement Services shall not reduce the
normal and regular ongoing service that the City would otherwise provide ; and
WHEREAS, at a duly notice public hearing, held on July 11th, 2023, City Council,
discussed the proposed award of contracts for Supplemental Law Enforcement Services,
the requirements of Government Code section 53609.8, and received and heard public
comment regarding the proposed authorization to allow San Luis Obispo Police
Department, through the Chief of Police and City Manager, to award contracts for
Supplemental Law Enforcement Services on a case by case base in accordance with the
requirements of Government Code section 53069.8 and this resolution .
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1: The above recitals are true and correct and are incorporated herein
by this reference.
SECTION 2: In accordance with and pursuant to the provisions of Governm ent
Code section 53609.8 and this resolution, the Chief of Police and City Manager are
authorized to enter into contracts to provide Supplemental Law Enforcement Services to:
1. Private individuals or private entities to preserve the peace at special events or
occurrences that happen on an occasional basis.
2. Private nonprofit corporations that are recipients of federal, state, county, or
local government low-income housing funds or grants to preserve the peace
on an ongoing basis.
3. Private entities at critical facilities on an occasional or ongoing basis. A “critical
facility” means any building, structure, or complex that in the event of a disaster,
whether natural or manmade, poses a threat to public safety, including, but not
limited to, airports, oil refineries, and nuclear and conventional fuel
powerplants.
4. Private schools, private colleges, or private universities on an occasional or
ongoing basis.
SECTION 3: Any contract to provide Supplemental Law Enforcement Services
shall be substantially in the form of Exhibit 1 attached hereto , shall be approved as to
form by the City Attorney, and shall comply with the following:
1. The contract shall provide for full reimbursement to the City of the actual costs
of providing Supplemental Law Enforcement Services, as determined by the
City;
2. All services provided under the contract shall be rendered only by regularly
appointed full-time peace officers;
3. Peace officer rates of pay shall be governed by a memorandum of
understanding and the rates billed for Supplemental Law Enforcement Services
provided shall be the law enforcement labor rates as determined by the City;
4. The contract shall encompass only law enforcement duties; and
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5. The normal and regular ongoing service the City otherwise would provide shall
not be reduced by providing Supplemental Law Enforcement Services.
Upon motion of Council Member Shoresman, seconded by Council Member
Pease, and on the following roll call vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 11th day of July 2023.
________________________________
Mayor Erica A. Stewart
ATTEST:
_______________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
________________________________
Teresa Purrington
City Clerk
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Markie Kersten
Assistant City Attorney
7/14/2023 | 12:59 PM PDT
Resolution No. 11435 (2023 Series) Exhibit A
CITY OF SAN LUIS OBISPO
AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
This Agreement for Supplemental Law Enforcement Services (“Agreement”) is made and entered
into effective _________________________________________, by and between the City of San Luis Obispo
(“City”), through the San Luis Obispo Police Department (“SLOPD”), and
____________________________________________________ (“Organization”) (hereinafter collectively
referred to as the “Parties”) as authorized by City Council pursuant to and in accordance with California
Government Code section 53069.8.
WHEREAS, California Government Code section 53069.8 authorizes City Council to contract on
behalf of the Chief of Police, to provide supplemental law enforcement services to private individuals or
entities to preserve the peace at special events or occurrences that happen on an occasional basis, to private
nonprofit corporations that are the recipients of federal, state, county, or local government low -income
housing funds or grants to preserve the peace on an ongoing basis, to private entities at critical facilities on
an occasional or ongoing basis, and to private schools, private colleges, or private universities on an
occasional or ongoing basis; and
WHEREAS, On July 11, 2023, pursuant to City Council Resolution No. 11435 (2023 Series), City Council
authorized the City, through SLOPD, to provide supplemental law enforcement services to private individuals
or entities to preserve the peace at special events or occurrences that happen on an occasional basis, to
private nonprofit corporations that are the recipients of federal, state, county, or local government low-
income housing funds or grants to preserve the peace on an ongoing basis, to private entities at critical
facilities on an occasional or ongoing basis, and to private schools, private colleges, or private universities on
an occasional or ongoing basis; and
WHEREAS, Organization has submitted a request to City for supplemental law enforcement services,
which has been accepted by City on the terms provided in this Agreement.
NOW THEREFORE, in consideration of the mutual promises, obligations and covenants set forth in
this Agreement, the Parties agree as follows:
1. TERM. The term of this Agreement shall be from the effective date of this Agreement, as provided
above, for one (1) year. Organization may, with the approval of SLOPD, renew this Agreement for
subsequent one-year terms.
2. EXHIBITS. The City will provide fully reimbursable supplemental law enforcement services to
Organization on the terms set forth in this Agreement and Exhibit A. Organization and City will execute
an Officer/Vehicle Request Form for Supplemental Law Enforcement Services, substantially in the
form of Exhibit B, for each event for which the City will provide supplemental law enforcement
services. Exhibits A and B are incorporated herein by reference.
3. PAYMENT. Organization shall pay City for all services and vehicles provided for a Contracted Event
within thirty (30) calendar days from the date of the invoice issued by City to Organization for the
services and vehicles provided for the Event.
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Resolution No. 11435 (2023 Series) Exhibit A
4. INSURANCE. Without limiting Organization’s indemnification of City and City Indemnitees as
provided in the Indemnification section of this Agreement, Organization shall obtain, provide, and
maintain, at its own expense during the term of this Agreement, policies of i nsurance of the types
and amounts satisfactory to City Risk Management and the City Attorney for the particular event
involved as provided in Exhibit C attached hereto and incorporated herein by reference.
5. INDEMNIFICATION. To the fullest extent permitted by law, Organization shall defend, indemnify,
and hold harmless City, and each of its elected officials, officers, employees, and agents (“City
Indemnitees”), from and against any and all claims, causes of action, lawsuits, liabilities, obligations,
judgments, or damages, including reasonable attorney fees and costs, of every kind or nature, arising
out of or in any way related to the Contracted Event, the actions or failure to act of Organization
related to the Contracted Event. In the event City or any City Indemnitees are made a party to any
action, lawsuit, or other adversarial proceeding arising from or related to the Contracted Event, or
the actions or failure to act of Organization related to the Contracted Event, Organization shall
provide a defense to City and City Indemnitees or, at City’s option, reimburse the City and City
Indemnitees their costs of defense, including reasonable attorney fees and other legal fees and costs,
incurred in the defense of such action, lawsuit, or adversarial proceeding.
6. TERMINATION. Organization and the City each have the right to cancel this Agreement at any time,
without future obligation or cost, upon providing a minimum of ten (10) days written notice t o the
other party. Organization shall pay City for all contracted law enforcement services provided by City
to Organization prior to the effective date of termination.
7. GOVERNING LAW AND VENUE. The provisions of this Agreement shall be governed by and
interpreted in accordance with the laws of the State of California without reference to conflict of law
provisions. The venue for any action or lawsuit brought with respect to any provision or provisions
of this Agreement shall be in the appropriate court in the San Luis Obispo County, California.
8. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall
be in writing and shall be effective only upon written approval by City’s Chief of Police.
9. COMPLETE AGREEMENT. This Agreement, including all Exhibits incorporated herein by reference,
shall constitute the complete agreement between the Parties. Any and all prior negotiations,
discussions, agreements, or understandings, whether written or oral, except as specifically provided
in writing in this Agreement or the Exhibits incorporated herein by reference, are superseded and
shall be of no force or effect.
10. NOTICES. All written notices to the Parties shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as follows:
City of San Luis Obispo
Name:
Dept.:
Address:
Organization: ________________________
Name:
Title:
Address:
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Resolution No. 11435 (2023 Series) Exhibit A
11. AUTHORITY TO EXECUTE AGREEMENT. City and Organization each covenant that each person
executing this Agreement on behalf of that party is duly authorized and empowered to execute this
Agreement on behalf of that party.
CITY OF SAN LUIS OBISPO: ORGANIZATION:
By:_________________________ By:____________________________
Rick Scott, Chief of Police Name:
Title:
By:_________________________
Derek Johnson, City Manager
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick, City Attorney
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Resolution No. 11435 (2023 Series) Exhibit A
Exhibit A
SAN LUIS OBISPO POLICE DEPARTMENT
Supplemental Law Enforcement Services Terms
1. DEFINITIONS
a. “City” means the City of San Luis Obispo.
b. “Contracted Event” means each event for which supplemental law enforcement services are
provided by SLOPD.
c. “Department” or “SLOPD” means the City of San Luis Obispo Police Department.
d. “Officer” means a sworn member of the San Luis Obispo Police Department.
e. “Organization” means the party contracting with the City for supplemental law enforcement
services.
2. ORGANIZATION ROLES AND RESPONSIBLITIES
a. Organization shall submit to SLOPD a completed Officer/Vehicle Request Form for Supplemental
Law Enforcement Services for each Contracted Event for which Organization requests
supplemental law enforcement services from SLOPD.
b. Organization shall designate a Primary Contact Person for each Contracted Event and shall provide
SLOPD with the Primary Contact Person’s name, email address and cell phone number. The
Primary Contact Person will be SLOPD’s primary contact point with Organization and, except during
an emergency, shall be available for contact by SLOPD at all times during a Contracted Event.
c. Except in public safety situations or emergencies, as determined by SLOPD in its sole discretion,
Organization shall be responsible for all crowd control, excluding individuals from the premises of a
Contracted Event, and all enforcement of Organization’s rules or disciplinary procedures. SLOPD
Officers may stand by when Organization engages in crowd control or directs a person to leave the
premises of a Contracted Event but will not become actively involved unless the situation elevates
to a crime or a public safety concern. Organization acknowledges that police enforcement action,
including citations and/or arrests, must be supported by probable cause and Officers must follow
all applicable legal standards and all applicable SLOPD poli cies and directives when taking any
enforcement action.
d. Organization shall provide SLOPD with at least 12-hour advance notification to cancel the
assignment of SLOPD Officers to a Contracted Event. When the required notice is not given,
Organization shall pay the City the required minimum charge for each Assigned Officer.
e. Any schedule change requested by Organization shall be coordinated with the SLOPD Event
Coordinator and shall be made as soon as possible. SLOPD will attempt to reasonably
accommodate requested schedule changes but reserves the right, for operational or other reasons
as determined by SLOPD in its sole discretion, not to honor requests for schedule changes.
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Resolution No. 11435 (2023 Series) Exhibit A
f. If Organization requests additional Officers prior to a Contracted Event, Organization shall notify
the SLOPD Event Coordinator. The City will make reasonable attempts to fulfill a request for
additional Officers but retains sole discretion and authority over whether additional Officers will be
assigned. If City approves a request for additional Officers, Organization shall be responsible for all
additional costs incurred for additional Officers per the terms of this Agreement.
3. SLOPD ROLES AND RESPONSIBILITIES
a. SLOPD shall designate an Event Coordinator for each Contracted Event and shall provide
Organization with the Event Coordinator’s name, email address and cell phone number. The Event
Coordinator will be SLOPD’s primary contact with Organization during a Contracted Event and,
subject to operational demands of SLOPD, shall generally be available for contact by Organization
at all times during a Contracted Event. Generally, the SLOPD Event Coordinator will be the SLOPD
watch commander.
b. SLOPD will determine, in its sole discretion, how many Officers and vehicles will be assigned to a
Contracted Event if a request for contracted law enforcement services is accepted. The number of
Officers and vehicles assigned are not a negotiable since SLOPD will base its assignment of Officers
and vehicles on SLOPD’s experience in providing law enforcement services, and on the staffing and
operational needs of the Department. The assignment of Officers and vehicles, and other
decisions regarding staffing, for a Contracted Event are in the sole discretion of SLOPD.
c. As staffing allows, SLOPD will provide officers and vehicles as requested and agreed to in the
Officer/Vehicle Request Form for Supplemental Law Enforcement Services submitted by
Organization in connection with a specific Contracted Event. SLOPD may, in its sole discretion,
cancel any or all contracted law enforcement services at any time due to unavailability of officers,
emergencies, or the staffing needs of the Department. The assigned Event Coordinator may, on
their own authority, terminate the assignment of officers to a Contracted Event in order to return
officers to regular Department duties in the event of an emergency or other incident. If SLOPD
cancels or reduces contracted law enforcement services for a Contracted Event, Organization shall
only be responsible for payment for Officers and vehicles actually provided by SLOPD to the
Contracted Event.
d. The role of Officers assigned to a Contracted Event shall be to enforce laws and applicable City
ordinances and code provisions and to engage in other law enforcement activities that are within
the regular scope and course of an Officer’s law enforcement duties. Assigned Officers shall
perform law enforcement functions only under the direction and supervision of SLOPD in
accordance with applicable legal standards and pursuant to SLOPD policies and directives. Assigned
Officers shall not use their police authority to enforce Organization’s rules or disciplinary
procedures.
4. COSTS
a. Organization shall pay City for each Officer assigned to a Contracted Event according to the Public
Safety Labor Rates adopted by City Council. Each assigned police vehicle will be charged a flat rate
of twenty-five dollars ($25.00) per day.
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Resolution No. 11435 (2023 Series) Exhibit A
b. The current Public Safety Labor Rates adopted by City Council are attached to this Agreement. City
reserves the right to adjust these rates, effective July 1 of each subsequent year. Any new rates
adopted by the City are incorporated by reference into this Agreement. Organization agrees to pay
any adjusted rates.
5. EXTENDED CONTRACT HOURS/ADDITIONAL OFFICERS OR VEHICLES
The contracted service hours for a Contracted Event may be extended, and/or additional Officers
and/or vehicles provided, at the request of Organization, with the approval of the SLOPD Event
Coordinator. Organization shall be responsible to pay all additional costs incurred for extended
service hours and for any additional assigned Officers and/or vehicles provided per the terms of
this Agreement.
6. GENERAL TERMS
a. It is understood by the Parties that the Department and its police officers do not owe a greater
level of police services or protection under this Agreement than is owed to the public generally.
b. Organization understands and agrees that SLOPD officers are encouraged by SLOPD and the City to
actively seek positive ways to engage with the community. Officers shall not be placed in a position
that is a threat to the status or dignity of SLOPD, the City, or the law enforcement profession, or, in
the Officer’s or SLOPD’s opinion, is likely to introduce unnecessary tension with the community.
c. No term or provision of this Agreement is intended to or shall create duties or obligations to, or
rights in, any person or entity not a party this Agreement, or to affect the legal obligations or legal
liability of either party by imposing any standard of care with respect to emergency services or
other services that are different from the standard of care imposed by law.
d. Assigned Officers, and any other City employees who perform services under this Agreement, shall
be, and shall at all times remain, employees of the City only in the performance of services under
this Agreement, and shall not be deemed to be employees or agents of Organization for any
purpose.
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Resolution No. 11435 (2023 Series) Exhibit A
Exhibit B
Officer/Vehicle Request Form for Contract Law Enforcement Services
City of San Luis Obispo Police Department
Billing:
• A three-hour minimum applies to all contract requests .
• Vehicle requests must be for the length of the entire event or assignment.
• Services are billed for each additional half-hour or portion thereof.
EVENT ORGANIZER
Name of Requesting Organization:
Address:
City/State:
Contact Person Name:
Phone: Email:
EVENT DETAILS
Type of Event:
Location of Event:
Date(s): Start time: End time:
Type of Duty Requested:
Anticipated # of attendees, if applicable: Alcohol served?
REQUEST
Staffing Needs Number of Officers
Requested
Total Hours
Requested
Hourly Billing
Rate Total
Police Officer(s)
Police Vehicle(s)
($25 Flat Rate per day per vehicle)
THIS SECTION TO BE COMPLETED BY THE SAN LUIS OBISPO POLICE DEPARTMENT
Actual Number of
Officers Worked
Actual Total
Hours
Hourly Billing
Rate
Total
Police Officer(s)
Police Vehicle(s)
($25 Flat Rate per day per vehicle)
Total Reimbursement Request:
By signing below, you acknowledge and agree that you have received, read, and agree to abide and be bound by the
Agreement for Supplemental Law Enforcement Services entered into between [ORGANIZATION] and the City of San Luis
Obispo, attached and incorporated herein by reference. Completing this document neither guarantees that your request
for officers will be filled, nor that a marked police vehicle will be provided. Your request will be reviewed by San Luis
Obispo Police Department to determine whether supplemental law enforcement services will be authorized.
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Resolution No. 11435 (2023 Series) Exhibit A
___________________________ __________________
[NAME/TITLE] Date
[ORGANIZATION] Authorizing Signature
__________________________ __________________
[NAME/TITLE] Date
City of San Luis Obispo Authorizing Signature
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Resolution No. 11435 (2023 Series) Exhibit A
Exhibit C
Public Safety – Police Labor Rates
Adopted by Council May 16, 2023
The Hourly Billing Rate will be used for reimbursement purposes.
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