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HomeMy WebLinkAbout4839 RESOLUTION NO. 4839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARC'Ann , CALIFORNIA, AUTHORIZING AND APPROVING PARTICIPATION IN THE, PROJECT ENTITLED "WEST SAN GABRIEL VALLEY CRL'1E IMPACT TEAM" WHEREAS, the Ci ty of ARCADIA desires to participate in a regional effort to reduce the incidence of major crimes by implementation of a project entitled "West San Gabriel Valley Crime Impact Team"; and, WHEREAS, said project is to be funded from funds made avail- able through thE! participating cities, including El Monte, Alham- bra, Arcadia, Monrovia, Montebello, Monterey Park, and San Gabriel; and, administered by the City of El Monte Police Department, through a designated supervisory level officer, under the direction of the West San Gabriel Valley Crime Impact Team Policy Board, which is composed of the Chiefs of Police of the participating cities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA CALIFORNIA, ,DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That this Council hereby approves the agreement providing for the existence of the West San Gabriel Valley Crime Impact Team for the period of July 1, 1979, through June 30, 1980, and providing that Arcadia's share of matching funds for (City) - -2- said proj ec t shall be $2-':77.6'.00: a copy of which Agreement is attached hereto, marked Exhibit "A", and made a part hereof; arid the Mayor is hereby authorized to execute said Agreement for and on behalf of the City of Arcadia and the City Clerk is hereby authorized to attest the same and to affix the seal of said City thereto. SECTION 2. The City Clerk shall certify to the adoption of this resolution, ! HEREBY CERTIFY that the foregoing 'resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 3rd day of July, 1979, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Parry, Saelid and Margett NOES: N6ne ABSENT: Councilmen Gilb and SIGNED AND APPROVED this day ,of July , 1979. A ATTEST: City Clerk (SEAL) -2- 4839 - - ~GREEM~NT AGREEMENT FOR WEST SAN GABRIEL VALLEY CRIME IMPACT TEAM This agreement is made and entered into this day of , , 19 , by and between the CITY OF EL MONTE, a municipal corporation duly organized and existing under the laws of the State of California and empowered to enter into contracts (hereinafter referred to as "EL HONTE"), and the Cities of Alhambra, Arcadia, Monrovia, Montebello, Monterey Park, and San Gabriel, all political entities chartered or incorporated under the laws of the State of California and empowered to enter into contracts (hereinafter referred to as "CITIES"). WITNE~~ETH WHEREAS, EL MONTE AND CITIES have responsiblities for law enforcement activities within their respective jurisdictions involving major crimes; to wit, burglary, robbery, rape, grand theft, auto theft, narcotics, and receiving stolen property; and WHEREAS, effective major crimes investigation, the apprehen- sion of major crimes criminals, and the recovery of stolen pro- perty, requires cooperation and coordinated efforts of the parti- ~ .... -2- cipating jurisdictions; and WHEREAS, EL MONTE has proposed to administer a major crimes investigation team (hereinafter referred to as "CRL~ L~ACT TEAM"), consisting of law enforcement officers from EL MONTE and the CITIES, to coordinate their efforts in the investigation of the major crimes enumerated herein, as well as other crime pro- blems, to apprehend major criminals, and to recover stolen pro- perty; and WHEREAS, EL MONTE AND CITIES have, by resolution, committed money and/or personnel to support and further the purposes of the CRI}ffi IMPACT TEfu~; and WHEREAS, EL MONTE, in furtherance of the CRIME I~~ACT TEA}l, contemplates using funds provided by EL MO~TE and CITIES to effect the services herein contracted for. NOW, THEREFORE, in consideration of the mutual covenants herein set forth to provide a capability for independent agencies working together in a cooperative and coordinated manner, to favorably impact the incidences of major crimes within each and all of the jurisdictions of the participating agencies, at a cost. that is within the limited funds available to these agencies, EL MONTE and the CITIES agree as follows: -- -- -3- 1. WORK STATEMENT A. EL MONTE and CITIES agree to make available, through their Police Departments, sworn personnel for major crimes inves- tigations on an as needed basis. The Operations Board, composed of Detective Bureau Commanders of each participating agency, shall maintain effective co~~unication among the participating depart- ments on suspects and criminal activities of mutual concern; and, individual members of the Operations Board shall have the authority to mobilize the CRIME IMPACT TEAM by contacting member agencies and requesting assistance, upon determining a major crime problem to exist and to be of such a nature that its solution may be obtained by use of the CRIME IMPAGT TEk~. B. The Policy Board, composed of the Cniefs of Police of the participating agencies, in addition to establishing policy governing the CRIME IMPACT TEA}l , shall select a staff or supervi- sory level officer from one of the participating agencies to act as Administrative Assistant. Said officer shall be responsible for maintaining records on GRINE DIPAGT TEkVf operations sufficient to evaluate effectiveness of the Team; preparing annual budgets for the Team and keeping records to insure that expenditures con- form to the budget as approved by the Policy Board; providing for maintenance of Team equipment and office s?ace; and, maintaining - - -4- liaison between the Policy Board and the Operations Board. C. Assigned investigative personnel shall be familiar with and be trained in the CRIME IMPACT TEfu~ operational techniques, which include, but are not limited to, surveillances and under- cover operations. D. Except as is specifically set forth herein, the ser- vices provided shall only encompass duties and functions of the type coming within the services customarily rendered by the police departments of CITIES, under the Alhambra City Charter, the Arcadia City Charter, and the !-!unicipal Codes of EL MONTE and the remain- ing CITIES and the statutes of the State of California. E. The discipline of the personnel of EL MO~TE and the CITIES and the control of such personnel shall remain in EL MONTE and in the CITIES with their respective Chiefs of Police. Per- sonnel assigned to the CRIME'IMPACT TEAM, to participate in major crimes investigations, shall be bound by the personnel policies of their respective employing agencies. Line supervision of CRI!-ffi IMPACT TEAM personnel, during major crimes investigations, will be the direct responsibility of the participating agency in charge of such investigati.on. ~ ~ -5- II. PAYME~T A. EL MO~TE and the CITIES agree to remain solely respon- sible for the payment of the salaries and fringe benefits of their respective personnel while assigned to the CRIME IMPACT TEAM. B. EL MONTE and the CITIES agree to contribute funds for the actual cost of providing the services required under the terms of this Agreement, at such rates as shall be determined by the governing bodies of EL MONTE and the CITIES to be the actual cost thereof in accordance with the policies and procedures established by the governing bodies of EL MONTE and the CITIES. C. If the cost of providing the services changes at any time, the Policy Board shall notify the governing bodies of EL MONTE and the CITIES, in writing, and the Policy Board shall be guided by the decision of the respective governing bodies as to their approval or disapproval of any increased costs for services. Any surplus funds that may exist at the termination of this agree- ment may, with the approval of the governing bodies of the parti- cipating agencies, be used to off-set the cost of funding for any subsequent agreement to extend the term of the CRI~ffi IMPACT TE~~. Any such surplus funds, if they exist, shall be allocated equally to the credit of the participating agencies. Absent an agreement to extend the term of the CRIME I~~ACT TEfu~, any existing surplus - -6- -- funds shall be equally divided and returned to the participating agencies. D. EL MONTE shall regularly render to the CITIES an item- ized accounting covering all services performed pursuant to this Agreemen t. E. It is agreed that payments from the CITIES to EL MONTE under the terms of this Agreement will be solely from funds approved by the governing bodies of the CITIES. Should such funds be exhausted prior to the termination of this Agreement, each of the CITIES may, at its option, i~~ediately terminate this Agree- ment without further notice. F. Matching funds of EL MONTE and CITIES, wh~ch have been made available by resolution in support of the CRIME IMPACT TEk~, which are in the total amount of: !l2-7'1Co.OO@ Alhambra.........$3,l72.00 Arcadia......... .$3;T72.uu El Monte........ .$3,l72.00 Monrovia..... ....$3,172.00 Montebello..... ..$3,172.00 Monterey Park.. ..$3,l72.00 San Gabriel.. ....$3,172.00 will be paid under the terms of this Agreement as a billable item ... ... -7- directly to EL MONTE as a one-time advance on July 1, 1979; pro- vided, however, that EL'MONTE shall regularly render itemized statements covering all pre-paid funds. III. PERIOD OF PERFO&~CE The term of this Agreement shall be from July 1, 1979 to June 30, 1980. If there is no agreement to the extension of the CRIME IMPACT TEAM for an additional period, this Agreement shall be automatically terminated on June 30, 1980. IV. TERJ.'1INATION A. Notwithstanding any other provision of this Agreement, any party may terminate this Agreement, as to that party only, upon notice, in writing, to' all other parties of not less than two calendar months prior there'to. B. Notwithstanding any provision herein to the contrary, EL MONTE may terminate this Agreement, upon notice, in writing, to any City or the CITIES, of not less than two calendar months. V. INDEMNIFICATION EL MONTE shall not be liable, nor shall the CITIES be liable to EL MONTE or participating agencies, individually or jointly, for compensation or indemnity to any employee of the .. - -8- parties herein for injury or sickness arising from his or her employment. Each party shall remain individually liable for such indemnification of its employees for employment connected injury or sickness. VI. CIVIL SERVICE AND PENSION STATUS Each employee assigned to the CRl}ffi IMPACT TE&~ shall be entitled to civil service status and pension benefits as legally provided by his or her employing agency. VII. INDEPENDENT CONTRACTOR All parties hereto, in performance of this Agreement, will be acting in an independent capacity and not as agents, employees, volunteers, partners, joint venturers, or associates of one another. The employees, agents or volunteers of one party shall not be deemed or construed to be the agents, employees or volun- teers of any party for any purpose whatsoever. VIII. LIABILITY Except as otherwise provided by the terms of this Agreement, no party her'eto shall be liable for any damages proximately result- ing from the negligent or wrongful acts or omissions of any other party's employees or agents in the performance of this Agreement; .. ~ -9- and each party shall inde~ify, defend and Save harmless any other party from such damage or liability. IX. NOTICE OF SUIT Each party to this Agreement shall give to all other parties immediate notice of any suit or action filed, and prompt notice of any claim made, against any party hereto arising out of the per- formance of this Agreement. Each party to this Agreement shall furnish immediately to all other parties copies of all pertinent papers received by any other party hereto. X. CONTRACT COMPLETE/VARIATIONS This writing, including the attachment concecning the source, distribution and utilization of CRL~ IMPACT TEAM equip- ment, embodies the whole of the Agreement of the parties hereto. No addition or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the date set forth below. .. ... -10- DATED: CITY OF ALHAMBRA City Attorney ATTEST: By City Clerk Mayor CITY OF ARCADIA City Attorney ATTEST: By City Clerk Mayor CITY OF EL NO~TE City Attorney ATTEST; By City Clerk Mayor CITY OF ~ONROVIA City Attorney AT'J'EST: By City Clerk Mayor CITY OF MONTE BELLO City Attorney ATTEST: By City Clerk Mayor . . -11- CITY OF MONTEREY PARK City Attorney ATTEST: By City Clerk Mayor CITY OF S~~ GABRIEL City Attorney ATTEST: By City Clerk Mayor