CC - Item 5C - One Year Extension of Sheriff Contract & Approval of the Tolling AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: MATTHEW E. HAWKESWORTH, ACTING CITY MANAGER
DATE: JUNE 9. 2009
SUBJECT: ONE YEAR EXTENSION OF SHERIFF CONTRACT AND APPROVAL OF THE
TOLLING AGREEMENT
SUMMARY
The current contract with the Los Angeles County Sheriff's Department is set to expire on June
30, 2009. Due to ongoing discussions between the California Contract Cities Association
(CCCA) on behalf of their member cities and the County regarding the use of Liability Trust
Fund money to pay for a settlement in a legal dispute, the CCCA is recommending that a one-
year extension (Attachment A) be approved rather than the normal five-year contract extension.
It appears that most if not all of the 40 contract cities will be approving this one-year extension
until an agreement can be reached.
Along with the contract extension, a separate tolling agreement (Attachment B) has been
developed and signed by the CCCA along with its members who contract with the Los Angeles
County Sheriff's Department. CCCA has asked that all contract cities also adopt the tolling
agreement as it is directly related to the dispute regarding the Liability Trust Fund.
Staff Recommendation
That the City Council take two separate actions:
1) Approve the amendment of the agreement with the Los Angeles County Sheriff's
Department and authorize the City Manager to sign any related documents.
2) Approve the tolling agreement between California Contract Cities Association, its
members and the County of Los Angeles.
FINANCIAL IMPACT
The cost of contract will the County will not be amended due to the signing of this extension or
the tolling agreement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Matth 'raw eswort~
t
e E. H
Acting City Manager
Attachment: A - Contract Amendment
B - Tolling Agreement
ITEM NO. 1-
APPROVED FOR CITY COUNCIL AGENDA:
ATTACHMENT A
AMENDMENT TO CITY- COUNTY
LAW ENFORCEMENT SERVICES AGREEMENT
The undersigned are parties to that certain CITY-COUNTY LAW ENFORCEMENT
SERVICES AGREEMENT made and entered as of June 29, 2004 (the "Agreement'), a copy of
which is attached hereto as exhibit A. The parties wish to amend and modify the terms of the
agreement as follows:
For good and valuable consideration, paragraph 6.1 of the Agreement is replaced with the
following:
"6.1 Unless sooner terminated as provided for herein, this agreement shall be effective
July 1, 2004 and shall remain in effect until June 30, 2010."
As modified by this amendment, the Agreement remains in full force and effect and remains
fully binding upon the parties.
IT IS SO AGREED.
Dated: June_, 2009 COUNTY OF LOS ANGELES
By:
Its:
Dated: June 9, 2009 CITY OF ROSEMEAD
By:
Matthew E. Hawkesworth
Acting City Manager
Page 1 of 1
74985
CITY-COUNTY
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
THIS AGREEMENT, dated for purposes of reference only,
, 2004, is made by and between the COUNTY OF LOS
ANGELES, herein ter referred to as "County," and the CITY OF, hereinafter
ROSEMEAD referred to as "City".
RECITALS:
(a) The City is desirous of contracting with the County for the performance of the law
enforcement functions described herein by the Los Angeles County Sheriff's Department.
(b) The County of Los Angeles is agreeable to rendering such services on the terms and
conditions set forth in this agreement.
(c) Such contracts are authorized and provided for by the provisions of Section 56-1/2
and 56-3/4 of the Charter of the County of Los Angeles and Article 1, Chapter 1, Part 2, Division
1, Title 5 of the Government Code of the State of California.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1.0 CONTRACT AUTHORIZATION
1.1 The County agrees, through the Sheriff of the County of Los Angeles, to provide
general law enforcement services within the corporate limits of City to the extent and in
the manner hereinafter set forth.
1.2 Except as otherwise specifically set forth in this Agreement, such services shall
only encompass duties and functions of the type coming within the jurisdiction of and
customarily rendered by the Sheriff of the County of Los Angeles under the Charter of the
County and the statutes of the State of California, and under the municipal codes of the
City.
2.0 ADMINISTRATION OF PERSONNEL
2.1 During the term of this agreement, the Sheriff or his designee shall serve as Chief
of Police of the City and shall perform the functions of the Chief of Police at the direction
of the City.
Page 2 of 8
2.2 The rendition of the services performed by the Sheriffs Department, the standards
of performance, the discipline of officers, and other matters incident to the performance
of such services and the control of personnel so employed shall remain with the County.
2.3 In the event of a dispute between the parties to this contract as to the extent of the
duties and functions to be rendered hereunder, or the minimum level or manner of
performance of such service, the City shall be consulted and a mutual determination
thereof shall be made by both the Sheriff of the County and the City.
2.4 With regard to sections 2.2 and 2.3, the Sheriff, in an unresolved dispute, shall
have final and conclusive determination as between the parties hereto.
2.5 All City employees who work in conjunction with the Sheriffs Department
pursuant to this Agreement shall remain employees of the City and shall not have any
claim or right to employment, civil service protection, salary, or benefits or claims of any
kind from the County based on this Agreement. No City employee as such shall become
employees of the County unless by specific additional agreement in the form of a merger
contract which must be concurrently adopted by the City and County.
2.6 For the purpose of performing services and functions, pursuant to this agreement
and only for the purpose of giving official status to the performance thereof, every County
officer and/or employee engaged in performing any such service and function shall be
deemed to be an officer or employee of the City while performing such service for the
City, as long as the service is within the scope of this agreement and is a municipal
function.
2.7 The contracting City shall not be called upon to assume any liability for the direct
payment of any Sheriffs Department salaries, wages, or other compensation to any
County personnel performing services hereunder for said City. Except as herein
otherwise specified, the City shall not be liable for compensation or indemnity to any
County employee or agent of the County for injury or sickness arising out of his/her
employment as a contract employee of the City.
2.8 As part of its compliance with all applicable laws and regulations relating to
employee hiring, the County agrees that the County Civil Service Rules to which it is
subject and which prohibit discrimination on the basis of non-merit factors, shall for
purposes of this contract be read and understood to prohibit discrimination on the basis of
sexual orientation.
Page 3 of 8
3.0 DEPLOYMENT OF PERSONNEL
3.1 General law enforcement services performed hereunder may include, if requested
by the City, supplemental security support, supplemental sworn officer support, and
supplemental professional civilian support staff.
3.2 Services performed hereunder and specifically requested by the City shall be
developed in conjunction with the Sheriff and indicated on a Los Angeles County
Sheriffs Department SH-AD 575 Deployment of Personnel form (Attachment A).
3.3 A new SH-AD 575 Deployment of Personnel form shall be authorized and signed
annually by the City and the Sheriff or his designee each July 1, and attached to this
contract as an amendment to the level of service and the contract sum.
3.4 Should the City request a change in level of service other than pursuant to the
annual renewal, an additional SH-AD 575 Deployment of Personnel form shall be signed
and authorized by the City and the Sheriff or his designee and attached to this contract as
an amendment to the level of service and the contract sum.
3.5 The most recent dated and signed SH-AD 575 Deployment of Personnel attached
to this contract shall be the staffing level in effect between the County and the City
3.6 The City is not limited to the foregoing services indicated in Attachment A, but
may also request any other service in the field of public safety, law, or related fields
within the legal power of the Sheriff to provide.
4.0 PERFORMANCE OF CONTRACT
4.1 For the purpose of performing said functions, County shall fumish and supply all
necessary labor, supervision, equipment, communication facilities, and supplies necessary
to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources for the
County to utilize in performance of the services.
4.3 When and if both parties to this contract concur as to the necessity of maintaining
a law enforcement headquarters or Sheriff s Department substation within the City which
would not normally be provided by the Sheriff, the City shall furnish at its own cost and
expense all necessary office space, and the Sheriff shall have authority to negotiate with
the City regarding which entity shall pay for furniture and furnishings, office supplies,
janitor service, telephone, light, water and other utilities.
4.4 It is expressly further understood that in the event a local office or building is
Page 4 of 8
maintained in said City, such quarters may be used by the Sheriff of the County of Los
Angeles in connection with the performance of his duties in territory outside of the City,
provided, however, that the performance of such outside duties shall not be at any
additional cost to the City.
4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where
special supplies, stationery, notices, forms, and the like must be issued in the name of
said City, the same shall be supplied by the City at its own cost and expense.
5.0 INDEMNIFICATION
5.1 The parties hereto have executed an Assumption of Liability Agreement approved
by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement
approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint
Indemnity Agreement approved by the Board of Supervisors on August 9, 1993.
Whichever of these documents the City has signed later in time is currently in effect and
hereby made a part of and incorporated into this agreement as if set out in full herein.
5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity
Agreement and the City executes the revised agreement, the subsequent agreement as of
its effective date shall supersede the agreement previously in effect between the parties
hereto.
6.0 TERM OF CONTRACT
6.1 Unless sooner terminated as provided for herein, this agreement shall be effective
July 1, 2004 and shall remain in effect until June 30, 2009.
6.2 At the option of the Board of Supervisors and with the consent of the City
Council, this agreement may be renewable for successive periods not to exceed five years
- each.
7.0 RIGHT OF TERMINATION
7.1 Either party may terminate this agreement as of the first day of July of any year
upon notice in writing to the other party of not less than sixty (60) days prior thereto.
7.2 Notwithstanding any provision herein to the contrary, the City may terminate this
agreement upon notice in writing to the County given within sixty (60) days of receipt of
written notice from the County of any increase in the rate for any service to be performed
hereunder, and in such an event this agreement shall terminate sixty (60) calendar days
from the date of the City's notice to the County.
Page 5 of 8
7.3 This agreement may be terminated at anytime, with or without cause, by either
party upon written notice given to the other party at least 180 days before the date
specified for.such termination.
7.4 In the event of a termination, each party shall fully discharge all obligations owed
to the other party accruing prior to the date of such termination, and each party shall be
released from all obligations which would otherwise accrue subsequent to the date of
termination.
8.0 CONTRACT SUM
8.1 The City shall pay for the services provided under the terms of this service
agreement at the rate established by the Auditor-Controller.
8.2 The rates indicated in the SH-AD 575, Deployment of Personnel form shall be
readjusted by the County Auditor-Controller annually effective July 1, of each year to
reflect the cost of such service in accordance with the policies and procedures for the
determination of such rate as adopted by the Board of Supervisors of County.
8.3 The City shall be billed based on the service level provided within the parameters
of the SH-AD 575, Deployment of Personnel form.
8.4 The cost of other services requested pursuant to this agreement and not set forth in
the SH-AD 575, Deployment of Personnel form shall be determined by the Auditor-
Controller in accordance with the policies and procedures established by the Board of
Supervisors of County.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriff of the County of Los Angeles, shall render to said
City within ten (10) days after the close of each calendar month a summarized invoice
which covers all services performed during said month, and said City shall pay County
for all undisputed amounts within sixty (60) days after date of said invoice.
9.2 If such payment is not delivered to the County office which is described on said
invoice within sixty (60) days after the date of the invoice, the County is entitled to
recover interest thereon. For all disputed amounts, the City shall provide County with
written notice of the dispute including the invoice date, amount, and reasons for dispute
within 10 days after receipt of the invoice. The parties shall memorialize the resolution
of the dispute in writing. For any disputed amounts, interest shall accrue if payment is
not received within 60 days after the dispute resolution is memorialized.
Page 6 of 8
9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof,
calculated from the last day of the month in which the services were performed, or in the
case of disputed amounts, calculated from the date the resolution is memorialized.
9.4 Notwithstanding the provisions of Government Code Section 907, if such
payment is not delivered to the County office which is described on said invoice within
sixty (60) days after the date of the invoice, or in the case of disputed amounts, from the
date the resolution is memorialized, the County may satisfy such indebtedness, including
interest thereon, from any funds of the City on deposit with the County without giving
further notice to City of County's intention to do so.
10.0 ENTIRE AGREEMENT
10.1 This Agreement and Attachment A hereto, constitute the complete and exclusive
statement of the parties which supercedes all previous agreements, written or oral, and all
communications between the parties relating to the subject matter hereof. All changes or
amendments to this Agreement must be in writing and mutually executed by authorized
personnel on behalf of the City and the County. The Sheriff or his designee is authorized
by the County to execute supplemental agreements referenced in sections 3.0, 4.3, and 9.2
of this Agreement.
Page 7 of 8
AGREEMENT BETWEEN
COUNTY OF LOS ANGELES
& THE CITY OF ROSEMEAD
WITNESS WHEREOF, the Los Angeles County Board of Supervisors has caused this
Agreement to be subscribed by its Chair and the seal of such Board to be hereto affixed and
attested by the Executive Officer thereof, and the City has caused this Agreement to be
subscribed in its behalf by its authorized officer.
COUNTY O~OjS~ANGELE
By
D N KNABE
Chair, Board of Superviso s
ATTEST:®®P
VIOLET VARONA-LUKENS pi Los
Executive Officer-Clerk BOARD OF SUPERVISORS
COUNTY OF LOS AWXLPS
Los Angeles County
Board of Supervisors 132 JUN 2 9 2004
By g `'t,ri
Depu
Ck writwp vIEXECUTIVE OFFICER KENS
10,
CITY OF ROSEMEAD
By f~-
CITY F ROSEMEAD, MAYOR
ATTEST:
City erk
By/C^ _
T City Attorney
APPROVED AS TO FORM:
Lloyd W. Pellman
County Counse
CW'
Senior Deputy ounty Pour/el
Page 8 of 8
PAGE 1 OF 3
LOS., 4GELES COUNTY SHERIFF'S L cPARTMENT
CONTRACT CITY LAW ENFORCEMENT SERVICES
Service Level Authorization
CITY: ROSEMEAD
FISCAL YEAR: 2004 - 2005 EFFECTIVE DATE: July 1, 2004
COD
E SERVICES
TOTAL SERVICE UNITS PURCHASED
CONTRACT
LAW
#
NEW
PREVIOUS
CHANGE
USE ONLY
DEPUTY SHERIFF SERVICE UNIT
306
40 Hour
4.0000
5.0000
r 1'.0000
307
56 Hour
9.0000
8.0000
- '-.-1.0000 z
308
70 Hour
0.0000
309
84 Hour
-0:0000
310
Non-Relief
3.0000
3.0000
'-"-:0(0000
DEPUTY SHERIFF SERVICE UNIT (BONUS LEVEL)
301
40 Hour
4;0.0000
302
56 Hour
<0.0000
303
70 Hour
•;0.0000
r ;
304
84 Hour
' 0 0000'`` =
'
305
Non-Relief Motor Birketf/Whitham
2.0000
2.0000
-'0 0000 -
305
Non-Relief Investi atoms
2.0000
2.0000
-"0:0000
335
GROWTH DEPUTY, UNITS (Non-Relief Only)
De u / No Vehicle Use
-
r`0 0000
358
-Deputy
336
-Deputy, B-11 No Vehicle Use
f;=v0l000Oi£3f
359
Deputy, B-1
GRANT UNITS (Non-Relief Only)
a,,(
383
Deputy
00000^`°'"
386
De u / No Vehicle Use
-0 0000 r
384
De u B-1 Motor/Brink
1.0000
1.0000
;ri00000 '
.
385
De u B-1 / No Vehicle Use
0000
387
Sergeant
` 's0 0000:11!+
342
SUPPLEMENTAL POSITIONS (Non-Relief Only)
Lieutenant
1.0000
1.0000
0.0000
353
Ser giant
.0000]o
348
Sergeant Motor
_
.00000
354
Watch Deputy
000
325
CSA
000.
327
CSA No Vehicle Use
347
Securi Officer
4
*
0001
339
Law Enforcement Tech No Vehicle Use
340
Law Enforcement Tech
°''00f
0.
343
Operations Asst I
.0.0000.>-02' '
'sv.
344
Operations Asst II
`0 0000;
345
O erations Asst III
`010000
351
Stn Clerk II
. 0:0000 a
329
Crime Analyst
.0:0000
331
Custody Assistant
'ri00000
Other (Need to insect cos: on P 2)
':,D:DDDO_..
_ST.~1' R
•'xn!tFatr233~1.u""w'v p. ea s
olftine:Cit /Helicoert3111 ri :A reemen t
ts I d cae
O
x.k
SH-AD 575 (REV. 4/04) PLEASE COMPLETE PAGE 2.
HOURS OF SERVICE 8 ESTIMATED CHA
Page 2 of 3
SERVICE UNITS
O
PU9pHASFD
LNBILITY`
®eA -
i
YEARLY
HOURS PER
SERMCEUNIT
4HANNUAL I
5 rvGOAL
INUTES
PERSONNEL
REQUIRED
DEPUTY SHERIFF SERVICE UNIT
40 Hour
517711 T`.
a
706,464.00
11^^
~.-'Trf1S
425m.0e !3"'1 fix'. 750"6.00
2088
8,352
501,120
4.6680
56 Hour
` 247964;,
9
2,231,676.00
133,900.56 OEME!Lj065 5]9:58
2920
26 280
1,576,800
14.6880
70 Hour
1$309,955V
0
0.00
ON as XSi MO:oo
3650
0
0
3.0000
84 Hour L
--S375'94W!
0
0.00
0.00 6v`,:!4YW.ISR'.'-'!230.00
4380
0
0
0.0000
Non-Relief
.'$161`0161'
3
463.046.00
28.982.86 MM-Z24w.'a10:e9
1778
5,334
320,040
3.0000
uua.<rxu
DEPUTY SHERIFF SERVICE UNIT (BONUS LEVEL)
40 Hour
21
$187 286:
0
0.00
WE
D.mY:-;Dm
2088
0
0
0.0000
56 Hour
+5282 200'k
D.mF.'C5S`-.23.00
2920
0
0
0.0000
70 Hour @
5327750
o.0o ~t6`TWDIW:4V0.0o
3650
0
0
0.0000
84 Hour :
45393300`:.
o.ao 3PLt-vAi' 'o.oo
4380
0
0
0.0000
Nan-Relief Malor
4170,2601
*
20131.20
1778
3556
213,360
2.0000
Non-Relief 4
t1702600
2
w
70431,20 S&!EW..?J9U~12o
1778
3556
213360
2.0000
GROWTH DEPUTY UNITS (Non-Relief Only)
me ut / No Vehicle Use '
,rP''o
SiGe
MOM
Dan
1778
0
0
0.0000
Oe a 8
4125'445„-
0
0.00
am.",L"'a-0-xit 0.00
1778
0
0
0.0000
Deputy, B-1 / No Vehicle Use
$1.17423;:
0
0.00
am S;AY'22':'aoco
1778
0
0
0.0000
me ut 5-1 «
$133"251
0
0.00
am N"R4f.:S?Y:4"4'20.00
1778
0
0
0.0000
GRANT UNITS (Non-Relief Only) }
De PLY 'A
ay'
$108.928 `
0
0.00
Ify`x'?'g tq -Ip
000 NOW
1778
0
0
00000
De ul No Vehicle Use
$106990 ^
0
0.00
0.011 flOc'f1 1fi"ZWKo W
1778
D
0
0.0000
Deputy B-1 [
$117423:1
1
117,423.00
7,04538 iY.^4'3A'*.,12a,d68.38
1778
1,778
106,680
1.0000
Deputy B-1 No Vehicle Use {
i.14`885F,
0
0.00
0.00 k'=.UtFt`> moo
1778
0
0
0.0000
Sergeant 'a
$140.812N,
0
u.oo
NIA 1'%;vuDo6
1778
0
0
00000
a
;z'-:asa.~.w.x.
axswaRwn3rsnxw
SUPPLEMENTAL POSITIONS (Nan-Relief Only)
Lieutenant
.
1535167
1
153,516.00
+
NIA
- d 3c 193.518.m
1778
1,778
106,680
1.0000
Sergeant 1
140'812
0
0.00
NIA 17t)~-.44'.943.00
1778
0
0
0.0000
Sergeant Motor '
$1148,'415 's
0
0.00
am 3'Tio"fli'G$471"h'O:OO
1778
0
0
00000
Watch Deputy S
$114,834
0
0.00
0.oo
1778
0
0
00000
CSA 0
1 $46`4a2 z
1
46,482.00
3.188.92 0iP:t:11A22`40.210,02
1778
1,778
106.680
1 0000
CSA No Vehicle Use 0
338'880tn
0
0.00
am L' Sf;-Y ria"0:00
1778
0
0
0.0000
Security Officer V
$69'445
G
0.00
em k';wC9'aiu-'SdL0.00
1778
0
0
0.0000
Law Enforcement Tech 7 NO Vehicle '2
'55l
1
59.454.00
3.567.24 B;s_.tpSA2i:24
1778
1]78
106680
1.0000
Law Enforcement Tech 3.
5132042;`+
0
0.00
am :..G1 -.,0.00
1778
0
0
0.0000
Operations Asst I d
$Sfi 628.:'
0
0.00
NIA :u'1.7F.Pa .x"000
1778
0
0
0,0000
Operations ASST iI 9
'r$70'174"al'-
.0
0.00
NIA
1778
0
0
0.0000
Operations Asst III :k
$80)357k
0
0,00
NIA
1778
0
0
0.0000
Stn Clerk 11 x
357.389z"
0
0.00
NIA G;?," .Et{1'.x.odo
1778
0
0
0.0000
Crime Analyst °
$8115553'
0
0.00
NIA: e'1.1L`-`-'19✓` DDO
1778
0
0
0.0000
Custotl Assistant ?
:$66184'4
0
0.00
000 $i Sa0.0U
1778
0
0
0.0000
Other Neva In -n mssan 7
Unknovin,;
0
0.00
o.Do _vSPii-`=0.00
1778
0
0
0.0000
ESTIMATED COST FOR SERVICE UNITS" $44e1197.m
LIA6ILITY®6A1
$259.65546p 1
P
y
i
HOURS
_
,~'-'SMINUTE9~
PERSONNEL
i
Pay.
F
TOTAL ESTIMATED COST a
ga 740782.48
DEPUTY 39.966
_ DEPUTY, 5-1 8,890
~aas uBZtre€
FS6.,. y4ry~{{i;.MIN", LnsERGFCSO 1,778
ROOM- C SO 1,778
CIVILIAN 1 ]78
2,397,960
533,400
106680
06,6801
10fi 680
22.3560
5.0000
1.0000
1.0000
1.0000
LOS Ah13ELES COUNTY SHERIFF'S DEPARTMENT
CONTRACT CITY LAW ENFORCEMENT SERVICES
DEPLOYMENT SURVEY
EFFECTIVE DATE: July 1, 2004 ROSEMEAD
PAGE 3 OF 3
^;.TO7AC
DEPLOYMENT
,TOTAL
SERVICE UNIT
+`'UNITS'...:
GENERAL LAW
TRAFFIC LAW
DEP
SPECIAL
D.B.
TEAM
,:;UNITS
PURCHASED
EM DAY PM
EM DAY PM
MOTOR
ASSIGN.
LDR
ASSIGNED
DEPUTY, GENERALIST
No-Relief
`s
3
3
40 Hour
~:?•'+•'4iit•
2
2
4
56 Hour
2
2
2
1
1
1
9
70 Hour
-
0.
84 Hour
a.. `0'--
"~'i: 0.
~
+ „"'t'
r
• '
DEPUTY, B-1
-
.
.
No-Relief/Motor
2
2
r 4'
40 Hour
?-Ol" "
0
56 Hour
y N4..
~c~:"0 „i:•.~
0
i ~0°!I
0
70 Hour
84 Hour
0
APPROVED GRANTS
~,??...l~t+;,il
0'
Deputy
Deputy, No-veh use
''^`••"0,:
B-1, No-veh use
ty t<;"t.;
;0
GROWTH DEPUTY
Deputy / No Vehicle Use
Deputy
Deputy, B-1/No Vehicle Use
mm
Deputy, B-1
~
4
varWP;fi!JNii!r'N
-
-NOLicense Detail and Crossing Guard are billed on an hourly basis and billed monthly as service is
REPORT PREPARED BY: UeutenannfA 18SIIV~ 1-99" DATE: April 29, 2004
APPROVED BY: Ca6W'kIC Wd-ShaW " U ~l DATE: April 29, 2004
ATTACHMENT-13
TOLLING AGREEMENT
This Tolling Agreement ("TOLLING AGREEMENT') is effective, made and entered as
of March 1, 2009, by and between the COUNTY OF LOS ANGELES ("COUNTY"), including
its SHERIFF ("SHERIFF"), and Sheriffs Department ("LASD") on the one hand and the
CALIFORNIA CONTRACT CITIES ASSOCIATION ("CCCA" the LIABILITY TRUST
FUND OVERSIGHT COMMITTEE ("LTFOC") and each of the cities that contract with the
COUNTY for municipal law enforcement services provided by the LASD (hereafter
"CONTRACT CITIES") on the other hand.
RECITALS
A. The COUNTY is a duly formed, existing and operating governmental entity
authorized by the Constitution of the State of California. The SHERIFF is the
duly elected peace officer for the County of Los Angeles and is the chief law
enforcement officer of the LASD.
B. Each of the CONTRACT CITIES is a lawfully created, existing and operating
public entity under the laws of the State of California, within the County of
Los Angeles. Each of the CONTRACT CITIES, together with cities from
other counties, are members of the COCA, which is an association created and
operated for their mutual benefit and to promote the interests of its member
cities.
C. In the early 1970s various cities within the borders of the COUNTY entered
into agreements with the COUNTY, whereby the COUNTY would provide
services to the cities in exchange for payment. Included within these services
were municipal law enforcement services. The form of the agreements varied
by city and took the form of an ASSUMPTION OF LIABLIl'Y
AGREEMENT, JOINT INDEMNITY AGREEMENT. In addition, the Cities
and the COUNTY executed specific agreements whereby the LASD would
provide law enforcement services. The latter agreements took the form of
CITY-COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES
AGREEMENTS. the exact terms of which varied by city. Each of the
foregoing agreements were executed, and from time to time renewed,
separately by each city and the County. Supplementing these agreements was
a letter form Memorandum of Understanding dated May 19, 1999. All of
these agreements shall be cumulatively referred to herein as THE
AGREEMENTS. While the terms of these AGREEMENTS may have varied
from city to city, and from time to time, the purposes and essential terms were
essentially identical.
D. Pursuant to the terms of the AGREEMENTS, as modified and amended over
time, the parties agreed that a LIABILITY TRUST FUND would be
established to pay for various expenses and losses associated with the services
rendered by the LASD to the CONTRACT CITIES. A claims board was
TOILING AGREEMENT
Page 1 of 14
established to oversee the use of the funds for payment of claims made arising
out of the services rendered by county employees to the CONTRACT CITIES
known as the LIABILITY TRUST FUND CLAIMS BOARD. A committee of
the CCCA was empanelled and empowered to oversee the operations of the
LIABILITY TRUST FUND and to make recommendations regarding claims
and operations of the LIABILITY TRUST FUND.
E. In 2002 and 2003 a Sheriffs Deputy committed three known acts of sexual
assault during a period when he was assigned by the LASD to provide
contract law enforcement services as a contract item pursuant to one or more
of the AGREEMENTS (the three known acts of sexual assault shall be
referred to as the "INCIDENTS"). The term "contract item" shall have the
meaning provided in the AGREEMENTS. Over the objection of the COCA,
LTFOC and the LTFCB, the COUNTY withdrew funds from the LTF to
reimburse itself for the costs of settling two INCIDENTS on or about March
31, 2007 and the third in or about December 2008 and advised the CCCA in
March 2009 (the "WITHDRAWALS").
F. A dispute has arisen between the COUNTY, on the one hand, and the COCA,
CONTRACT CITIES, and the LTFOC, on the other, with regard to who bears
the responsibility under the AGREEMENTS and applicable law to satisfy the
legal liability(ies), losses, expenses, settlements and costs for the criminal acts
committed by Sheriffs Deputies when those acts are committed while they
are assigned to provide contract law enforcement services under one or more
of the AGREEMENTS, the propriety of the WITHDRAWALS and the
respective obligations, if there are any, of the COUNTY and the CONTRACT
CITIES to indemnify each other for losses, expenses, claims and
settlements, among other things, related to the criminal acts of its employees
while providing services under one or more of the AGREEMENTS. On
September 27, 2007 the CCCA and the LTFOC filed a claim (the "CLAIM")
with the COUNTY related to the WITHDRAWALS. (All of the foregoing
shall be collectively referred to as the "DISPUTES").
G. The parties wish to provide additional time to address their DISPUTES before
undertaking litigation and, therefore, enter into this TOLLING AGREEMENT
the purpose of extending any and all statutes of limitation applicable to the
DISPUTES, INCIDENTS, the AGREEMENTS, together with all related
matters to facilitate, further investigation, discussion and the potential for
resolution. Therefore, for good and valuable consideration, receipt of which is
acknowledged and in further consideration of the mutual promises stated in
this TOLLING AGREEMENT, the parties agree as follows:
AGREEMENT
In consideration for the promises contained herein, the parties hereto agree that the period
of time between March 1, 2009 and June 30, 2009 or until new CITY-COUNTY
TOLLING AGREEMENT
Page 2 of 14
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENTS go into effect
between the County and the Contract Cities, whichever date is sooner, shall not be'
included in determining or calculating the applicability of any statute of limitation,
laches, or any other defense based on the lapse or passage of time in any action or
proceeding brought by, filed or asserted by the CCCA, the LTFOC or CONTRACT
CITIES, or any of them, based upon any claims arising out of or related to the
AGREEMENTS, INCIDENTS, THE CLAIM or the DISPUTES. Nothing in this
TOLLING AGREEMENT shall operate to prevent, hinder, or otherwise bar the
COUNTY from asserting that claims relating to the INCIDENTS filed by one or more of
the parties were untimely, and/or that late claim relief is required and/or was not
obtained. Without acknowledging that a claim or further claim is required, nothing
herein shall prevent or restrict the rights of the CCCA, LTFOC or the CONTRACT
CITIES from filing any claim with the COUNTY.
2. The COUNTY acknowledges and agrees that the CCCA, the LTFOC and the
CONTRACT CITIES, and each of them, are justifiably and reasonably relying upon the
terms and conditions set forth in this TOLLING AGREEMENT in not filing legal suit or
otherwise initiating legal proceedings with regard to the DISPUTES.
3. Nothing herein shall prevent the filing of an action or suit by the CCCA, the LTFOC or
CONTRACT CITIES prior to the Termination Date, provided, however, that sixty (60)
days advance notice that a party or city intends to file shit shall be given to the
COUNTY, however no such notice is necessary during the last sixty (60) days of the
tolling period. Nothing herein is intended to foreshorten or limit the amount of time
provided by law for the bringing of suit, claims, causes of action or other proceedings by
the CCCA, CONTRACT CITIES, or any of them, or the LTFOC nor shall it extend or
revive any claims for which the applicable statute of limitation has run. The intent of this
agreement is to exclude the time period during which this TOLLING AGREEMENT is in
effect from the calculation of the time within which an action on the DISPUTES must be
filed.
4. In the event that the AGREEMENTS, or any of them, are extended, renewed, amended,
modified or restated, such action shall not be deemed a waiver of any right, claim, cause
of action or defense and the same shall not be considered ratification with respect to the
DISPUTES.
5. The parties expressly agree and warrant that the rights, benefits and obligations provided
by this TOLLING AGREEMENT shall inure to the benefit of all the CONTRACT
CITIES, and each of them, and the LTFOC regardless of whether or not they execute the
TOLLING AGREEMENT and each them shall be deemed a direct and third-party
beneficiary of this TOLLING AGREEMENT. This agreement shall be effective upon
execution by the COUNTY and the CCCA, whether or not executed by the CONTRACT
CITIES, or any other party to this agreement.
6. Any notice given under this agreement shall be served via U.S. Mail or Overnight
Carrier, as follows:
TOLLING AGREEMENT
Page 3 of 14
To CCCA: California Contract Cities Association
Attn: Sam Olivito
8119 Somerset Blvd.
Paramount, California 90723
With a copy to: William Litvak, Esq.
DAPEER, ROSENBLIT & LITVAK, LLP
11500 W. Olympic Blvd., Suite 550
Los Angeles, California 90064
To LTFOC: Curtis Morris, Chair
Liability Trust Fund Oversight Committee
243 E. Fourth St.
San Dimas, Ca 91773
To CONTRACT CITIES:
c% Sam Olivito
8119 Somerset Blvd.
Paramount, California 90723
To COLA: County of Los Angeles
Attn: Roger H. Granbo
Assistant County Counsel
648 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
To the SHERIFF:
Sheriff Leroy Baca
4700 Ramona Blvd.
Monterey Park. California 91754
With a copy to:
Capt. Edward F. Rogner
4700 Ramona Blvd.
Monterey Park, California 91754
Any party may change the address to which it should be given notice by giving written
notice of the change of address to the other party and its counsel at the above addresses.
Such written notice will be sent by certified mail, return receipt requested.
7. This TOLLING AGREEMENT comprises the entire agreement of lire parties with
respect to the tolling of the statute of limitation as specified in paragraph 1, above, and
the doctrine of laches; and this TOLLING AGREEMENT may be extended, modified,
amended, or supplemented only by a written instrument signed by all of the parties who
TOLLING AGREEMENT
Page 4 of 14
have executed this TOLLING AGREEMENT. Nothing herein shall limit the rights of the
parries to modify or extend the termination date if done so in writing.
8. During the term of this TOLLING AGREEMENT, and for a period of not less than 180
days following the final resolution of the DISPUTES, no patty to this TOLLING
AGREEMENT shall destroy, or cause or permit to be destroyed, any documents or
tangible things in the possession, custody or control that refers or relates to the
AGREEMENTS. INCIDENTS or the DISPUTES
9. Neither the terms of this TOLLING AGREEMENT, nor its execution by any party, shall
be construed as an admission of liability and shall not inure to the prejudice any of the
parties to this TOLLING AGREEMENT, including but not limited to the issue of the
commencement or running of any applicable statue of limitations or the merits of any
potential claim or defense.
10. The parties agree that neither this TOLLING AGREEMENT, nor its terms shall be
admissible in any trial or other civil proceeding except as may be required in connection
with its enforcement or as is relevant to any issue of the timeliness of the filing of such
action or proceeding or as otherwise ordered of court.
11. Each undersigned party represents, warrants, and states that all legal action necessary for
the effectuation and execution of this TOLLING AGREEMENT has been validly taken
and that the individuals whose signatures appear below on behalf of each party are duly
authorized to execute this TOLLING AGREEMENT on behalf of their respective parties.
The individuals executing this TOLLING AGREEMENT acknowledge, represent and
warrant that they have notified any and all insurance carriers or indemnitors which have
or may have obligations to provide coverage or indemnity for any claims arising out of
the AGREEMENTS, INCIDENTS or the DISPUTES. The persons executing this
TOLLING AGREEMENT on behalf of The COUNTY, including the LASD and the
SHERIFF, represent and warrant that they have the authority to do so and to bind their
respective entities.
12. The recitals are made part of this TOLLING AGREEMENT.
13. This TOLLING AGREEMENT shall be construed under the laws of the State of
California and shall not be interpreted with regard to who prepared the TOLLING
AGREEMENT and shall be interpreted as though all parties participated equally in its
preparation.
14. This TOLLING AGREEMENT shall be binding upon any successors-in-interest and
permitted assigns of each party to this TOLLING AGREEMENT. Nothing in this
paragraph shall create any rights enforceable by any person not a parry to this TOLLING
AGREEMENT, except as provided above, and except for the rights of the successors-in-
interest and assigns of each party to this TOLLING AGREEMENT, unless such rights
are expressly granted in this TOLLING AGREEMENT to other specifically identified
persons.
TOLLING AGREEMENT
Page 5 of 14
15. This TOLLING AGREEMENT may be executed in counterparts, which taken together
shall constitute one agreement. Fax signatures shall be effective upon transmission and
the received fax copy shall be treated as though they were originals bearing original
signatures.
IT IS SO AGREED.
Dated: March 2009
Dated: March-. 2009
Dated: March , 2009
[Signatures continued on following pages]
COUNTY OF LOS ANGELES
By:
Its:
CALIFORNIA CONTRACT CITIES
ASSOCIATION
By
Sam Olivito
Its: Executive Director
LIABILITY TRUST FUND OVERSIGHT
COMMITTEE
By:
Its:
TOLLING AGREEMENT
Page 6 of 14
01/1712003 14:1) FAX
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15. fhis'I'ili ~.lNG Al.ll(k! \11'~I' may be caxjWd in cuumcr an, Bob twkcrt iu,:vliu:r
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.1SSOCIATIO\
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rNord: Mandl 2009
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Sam O6attc
IIF: tixt:otolvc Oirc,a„r
LIABILITY TRUST I-IND OVI;R$IGllf
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the g: :CCt•%•r+ .:iuL'C e;^e; ~arwn^rr, P ir;T3lert3 $:NI! ba eEectivo upon tranutilaslor: and
the I}:.c 2n~:r ajrii~ CC lrcl:Mi a3 du
signa;u::;,. Hugh r5ey wsre originals bearing onginai
i:NTY• OF :OS ANGELES
Dated: Mrarcc
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CAUro%N-14 Cora. AC r CMES
nssuclsTlo~
Dates nr,~.: , 1 _
Sam OIe., L'xecUlire 7:tYCMr
L)A91:,ITY' ,RT!$T
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Dated: Mare`
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By:
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FIND OVERSIGHT
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15. This TOLLING AGREEMENT may be executed in counterparts. which taken together
shall constitute one agreement. Fax signatures shall be effective upon transmission and
the received fax copy shall be treated as though c).ey were originals bearing original
signatures.
IT IS SO AGREED.
COUNTY OF LOS ANGELES
Dated: March 2009
Its:
CALIFORNIA CONTRACT CITIES
ASSOCLITION
Dated: March 2009 By
Sam Olivito
Its: Executive Director
LIABILITY TRUST FUND OVERSIGHT
COMMITTEE
Dated: Match LISO 2009 By:
Its: ~i1✓
[Signatures continued on following pages]
TOLLING AGREEMENT
Page 6 of 14
MAP-29-2009 O`.':21PM From: 9095992250 IO:ORL LLP P.)~e:002 'R=95%
Dated: March 2009
CITY OF AGOURA HILLS
By:
Its:
Dated: March-, 2009
CITY OF ARTESIA
By:
Its:
Dated: March 2009
CITY OF AVALON
By:
Its:
Dated: March , 2009
CITY OF BELLFLOWER
By:
Its:
Dated: March , 2009
CITY OF BRADBURY
By:
Its:
TOILING AGREEMENT'
Page 7 of 14
Dated: March 2009
CITY OF CALABASAS
By:
Its:
Dated: March-, 2009
CITY OF CARSON
By:
Its:
Dated: March. 2009
CITY OF CERRITOS
By:
Its:
Dated: March 2009
CITY OF COMMERCE
By:
Its:
Dated: March,_, 2009
CITY OF COMPTON
By:
Its:
TOLLING AGREEMENT
Page 8 of 14
Dated: March-, 2009
CITY OF DAIMOND BAR
By:
Its:
Dated: March_:_, 2009
CITY OF DUARTE
By:
Its:
Dated: March , 2009
CITY OF HAWA MIN GARDENS
By:
Its:
Dated: March 2009
CITY OF HIDDEN HII,LS
By:
Its:
Dated: March 2009
CITY OF INDUSTRY
By:
Its:
H
TOLLING AGREEMENT
Page 9 of 14
Dated: Mares , 2009
CITY OF LA CANADA FLINTRIDGE
By:
Its:
Dated: March 2009
CITY OF LA HABRA HEIGHTS
By:
Its:
Dated: March 2009
CITY OF LAKEWOOD
By:
Its:
Dated: March 2009
CITY OF LA MIRADA
By:
Its:
Dated: March 2009
CITY OF LANCASTER
By:
Its:
H
TOLLING AGREEMENT
Page 10 of 14
Dated: March . 2009
CITY OF LA PUENTE
By:
Its:
Dated: March , 2009
CITY OF LAWNDALE
By:
Its:
Dated: March , 2009
CITY OF LOMITA
By:
Its:
Dated: March , 2009
CITY OF LYNWOOD
By:
Its:
Dated: March. 2009
CITY OF MALIBU
By:
Its:
Dated: March 2009
CITY OF NORWALK
By:
Its:
TOLLING AGREEMENT
Page 11 of 14
Dated: March , 2009 CITY OF PALMDALE
By:
Its:
Dated: March , 2009 CITY OF PARAMOUNT
By:
Its:
Dated: March , 2009 CITY OF PICO RIVERA
Its:
Dated: March . 2009 CITY OF RANCHO PALOS VERDES
By:
Its:
Dated: March , 2009 CITY OF ROLLING HILLS
By:
Its:
Dated: March , 2009 CITY OF ROLLING HILLS ESTATES
By:
Its:
TOLLING AGREEMENT
Page 12 of 14
Dated: March 2009
CITY OF ROSEMEAD
By:
Its:
Dated: March 2009
CITY OF SAN DIMAS
By:
Its:
Dated: March 2009
CITY OF SANTA CLARITA
By:
Its:
Dated: March 2009
CITY OF SOUTH EL MONTE
By:
Its:
Dated: March 2009
CITY OF TEMPLE CITY
By:
Its:
Dated: March 2009
CITY OF WALNUT
By:
Its:
TOLLING AGREEMENT
Page 13 of 14
Dated: March , 2009 CITY OF WEST HOLLYWOOD
By:
Its:
Dated: March , 2009 CITY OF WESTLAKE VILLIAGE
By:
Its:
'POLLING AGREEMENT
Page 14 of 14