CC - Item 7H - Renewal of Municipal Law Enforcement AgreementROSEMEAD CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: October 13, 2009 ((//
STAFF REPORT
SUBJECT: RENEWAL OF MUNICIPAL LAW ENFORCEMENT AGREEMENT
SUMMARY
The City Council will consider renewal of the Municipal Law Enforcement Agreement
with the County of Los Angeles Sheriffs Department for another five year period.
Attachment A to the Agreement includes the current Service Level Authorization and
Deployment Survey forms used to calculate costs to the City in the current 2009 -10
Fiscal Year Budget. Also, attached for reference is a copy of the recent County -City
Special Indemnity Agreement approved in August of 2009.
Staff Recommendation
Staff recommends that the City Council authorize the Mayor to execute the Municipal
Law Enforcement Agreement to continue the City's relationship with the Los Angeles
County Sheriff's Department for a period of five years.
ANALYSIS
The City of Rosemead has contracted with the Los Angeles County Sheriffs
Department since its incorporation 50 years ago in 1959. Service levels, including
deployment of personnel and related costs, are negotiated on an annual basis and
included in the fiscal year budget. The current service and deployment levels are
detailed in Attachment A.
Over the past several months, the County and 40 member cities of the California
Contract Cities Association (CCCA) were engaged in negotiations over indemnification
issues. Those indemnification issues were resolved with the adoption of a City- County
Special Indemnity Agreement by the parties in August of 2009.
FINANCIAL REVIEW
Funds to cover the costs associated with this services agreement for the current
2009/10 fiscal year are included in the City's operating Budget.
ffEM NO.
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
October 13, 2009 ,
Page Tof 2
LEGAL REVIEW
The City Attorney has reviewed and approved this agreement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process
Attachment: Municipal Law Enforcement Services Agreement
County -City Special Indemnity Agreement
0
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: MAYOR AND CITY COUNCIL
FROM: JEEF_ALLRED, -CI_LY MANAGER
DATE: EMBER 22 2009 If++ �V��������' 2 00
SUBJECT: RENEWAL OF MUNICIPAL LAW ENFORCEMENT AGREEMENT
SUMMARY
The City Council will consider renewal of the Municipal Law Enforcement Agreement
with the County of Los Angeles Sheriffs Department for another five year period.
Attachment A to the Agreement includes the current Service Level Authorization and
Deployment Survey forms used to calculate costs to the City in the current 2009 -10
Fiscal Year Budget. Also, attached for reference is a copy of the recent County -City
Special Indemnity Agreement approved in August of 2009.
• Staff Recommendation
Staff recommends that the City Council authorize the Mayor to execute the Municipal
Law Enforcement Agreement to continue the City's relationship with the Los Angeles
County Sheriffs Department for a period of five years.
ANALYSIS
The City of Rosemead has contracted with the Los Angeles County Sheriffs
Department since its incorporation 50 years ago in 1959. Service levels, including
deployment of personnel and related costs, are negotiated on an annual basis and
included in the fiscal year budget. The current service and deployment levels are
detailed in Attachment A.
Over the past several months, the County and 40 member cities of the California
Contract Cities Association (CCCA) were engaged in negotiations over indemnification
issues. Those indemnification issues were resolved with the adoption of a City- County
Special Indemnity Agreement by the parties in August of 2009.
FINANCIAL REVIEW
Funds to cover the costs associated with this services agreement for the current
2009/10 fiscal year are included in the City's operating Budget.
•
ITEM NO. 6f
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
September 22, 2009
Page 2 of 2 •
LEGAL REVIEW
The City Attorney has reviewed and approved this agreement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment: Municipal Law Enforcement Services Agreement
County -City Special Indemnity Agreement
•
L
• 19011ntg of `Fins AtISPles
gheriffz i9epurtment Kra6gnarters
47110 Ramona Ulnuleourb �'
��IUONMI'
•- %i{onferrp Farh, (California 91754 -2159
LEROY O. dACA, YHEMFF
August 27, 2009
•
E
Mr. Jeff Allred, City Manager
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Dear Mr. Allred,
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT RENEWAL
The Board of Supervisors recently approved the new five (5) year Municipal Law
Enforcement Services Agreement, which authorizes the Sheriff's Department to
continue the delivery of law enforcement services to your City. Although the
current Municipal Agreement expires August 31, 2009, the Board of Supervisors
has authorized a 60 day time period to allow your City Councils to process and
sign the attached agreements. Although the Board has allowed a 60 day time
period to accomplish this process, please expedite this request as soon as
possible. The Sheriffs Department will need time to complete the approval
process once your agreement is signed.
There are five (5) agreements which require original signatures of your Mayor.
Upon completion, please contact your Sheriff Station Commander who will then
forward the completed agreements to our Contract Law Enforcement Bureau.
Should you have any questions or require clarification of this request, please
contact myself or a member of my Contract Law Enforcement Bureau staff at
(323) 526 -5737.
Sincerely,
LEROY D. BACA, SHE
td-ward F. Rogndr,`C' Oin
Contract Law EnforcOent Bureau
r gr -akion of cseruice
.,
1 •
ATTACHMENT C
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
•
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF ROSEMEAD
TABLE OF CONTENTS
SECTION TITLE
PAGE
RECITALS..............................................................................
...............................
2
1.0
SCOPE OF SERVICES ......................................... ...............................
2
2.0
ADMINISTRATION OF PERSONNEL ......... _ ....... ...............................
3
3.0
DEPLOYMENT OF PERSONNEL ............................................. _..........
4
4.0
PERFORMANCE OF AGREEMENT ..................... ...............................
4
5.0
INDEMNIFICATION ................................................ ...............................
5
6.0
TERM OF AGREEMENT ......................................... ...............................
6
7.0
RIGHT OF TERMINATION .................................... ...............................
6
7
•
8.0
BILLING RATES ...................................................... ...............................
9.0
PAYMENT PROCEDURES ..................................... ...............................
7
10.0
NOTICES ........................................................... ....................._.........
8
11.0
AMENDMENTS .............................. . .................................. I ....... I ........ 1
9
12.0
AUTHORIZATION WARRANTY .......................... ...............................
9
13.0
ENTIRE AGREEMENT .... ....................................... _.............................
9
SIGNATURES................................................................._..... ...............................
10
ATTACHMENT
A: Los Angeles County Sheriff's Department SH -AD 575
Deployment of Personnel form
1 •
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
• BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF ROSEMEAD
This Municipal Law Enforcement Services Agreement (hereinafter referred to as
"Agreement ") is made and entered into this _ day of , 2009 by and
between the COUNTY OF LOS ANGELES, (hereinafter referred to as "County ") and the CITY
OF ROSEMEAD (hereinafter referred to as "City ").
RECITALS
Whereas, the City is desirous of contracting with the County for the performance of law
enforcement services by the Los Angeles County Sheriffs Department (hereinafter referred to as
"Sheriffs Department "); and
Whereas, the County is agreeable to rendering such law enforcement services on the terms and
conditions set forth in this Agreement; and
• Whereas, such law enforcement services agreements are authorized and provided for by the
provisions of Section 56 1/2 and 56 3/4 of the County Charter and California Government Code
Section 51301.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good
and valuable consideration, the parties mutually agree as follows:
1.0 SCOPE OF SERVICES
L 1 The County agrees, through the Sheriff of the County of Los Angeles (hereinafter
referred to as "Sheriff'), to provide general law enforcement services within the
corporate limits of the City to the extent and in the manner hereinafter set forth in
this Agreement.
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 under the County Charter and the statutes
• of the State of California, and under the City municipal codes.
2
2.0
1.3
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.
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.
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 Agreement 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 and the City.
2.4
With regard to Sections 2.2 and 2.3 above, 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 agreement which must be concurrently adopted
by the City and the 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
their duties performing law enforcement services pursuant to this Agreement.
2.7
The 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
•
3
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 Agreement be read and understood to prohibit
discrimination on the basis of sexual orientation.
3.0 DEPLOYMENT
OF PERSONNEL
3.1
Services performed hereunder and specifically requested by the City shall be
developed in conjunction with the Sheriff and indicated on a Los Angeles County
Sheriff's Department SH -AD 575 Deployment of Personnel form, attached hereto
as Attachment A and incorporated herein by this reference.
3.2
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
•
hereto as an Amendment to this Agreement.
3.3
Should the City request a change in level of service other than pursuant to the
annual July 1 readjustment, 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 hereto as an Amendment to this Agreement.
3.4
The most recent dated and signed SH -AD 575 Deployment of Personnel form
attached to this Agreement shall be the staffing level in effect between the County
and the City.
3.5
The City is not limited to the services indicated in Attachment A. but the City
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. Such other services shall
be reflected in an amended SH -AD 575 Deployment of Personnel form under the
procedures set forth in Sections 3.2 and 3.3 above.
4.0 PERFORMANCE OF AGREEMENT
4.1
For the purpose of performing said general law enforcement services, County
shall furnish and supply all necessary labor, supervision, equipment,
•
4
5.0
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 Agreement 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
maintained in said City, such local office or building may be used by the Sheriff
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.
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. 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
The parties hereto have also executed a County-City Special Indemnity
Agreement approved by the Board of Supervisors on August 25, 2009. This
document is made a part of and incorporated into this Agreement as if set out in
full herein.
53
In the event the Board of Supervisors later approves a revised Joint Indemnity
S
•
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 AGREEMENT
6.1
The term of this Agreement shall be from September I, 2009 through June 30,
2014, unless sooner terminated or extended as provided for herein.
6.2
At the option of the County Board of Supervisors and with the consent of the City
Council, this Agreement may be renewed or extended for successive periods not
to exceed five (5) years each.
6.3
Nine (9) months prior to the expiration of this Agreement, the parties shall meet
and confer in good faith to discuss the possible renewal or extension of this
Agreement pursuant to Section 6.2 above. The parties shall reach an agreement
as to the terms of any renewal or extension period no later than six (6) months
prior to the expiration of this Agreement. Absent mutual agreement by the parties
within that time frame, this Agreement shall expire at the conclusion of the then -
existing term.
• 7.0 RIGHT OF TERMINATION
first day July
7.1
Either party may terminate this Agreement as of the of 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.
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 one hundred eighty
(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, except as
otherwise provided herein, each party shall be released from all obligations which
•
6
would otherwise accrue subsequent to the date of termination.
8.0 BILLING RATES •
8.1 The City shall pay the County for the services provided under the terms of this
Agreement at the rates set forth on Attachment A, Los Angeles County Sheriffs
Department SH -AD 575 Deployment of Personnel form, as established by the
County Auditor - Controller.
8.2 The rates set forth on Attachment A. Los Angeles County Sheriffs Department
SH -AD 575 Deployment of Personnel form shall be readjusted by the County
Auditor - Controller annually effective July I of each year, and attached hereto as
an Amendment to this Agreement, to reflect the cost of such service in accordance
with the policies and procedures for the determination of such rates as adopted by
the County Board of Supervisors.
8.3 The City shall be billed based on the service level provided within the parameters
of Attachment A. Los Angeles County Sheriffs Department SH -AD 575
Deployment of Personnel form.
8.4 The cost of other services requested pursuant to Section 3.5 of this Agreement and
not set forth in Attachment A, Los Angeles County Sheriffs Department SH -AD •
575 Deployment of Personnel form shall be determined by the Auditor- Controller
in accordance with the policies and procedures established by the County Board
of Supervisors.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriff, 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 ten (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 sixty (60) days
•
W,
•
•
40
after the dispute resolution is memorialized.
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 California 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 the City of the
County's intention to do so.
10.0 NOTICES
Unless otherwise specified herein, all notices or demands required or permitted to be
given or made under this Agreement shall be in writing and shall be hand delivered with
signed receipt or mailed by first class registered or certified mail, postage prepaid,
addressed to the parties at the following addresses and to the attention of the person
named. Addresses and persons to be notified may be changed by either party by giving
ten (10) calendar days prior written notice thereof to the other party.
Notices to County of Los Angeles shall be addressed as follows:
Los Angeles County Sheriffs Department
Contract Law Enforcement Bureau
Attn: Unit Commander
4700 Ramona Boulevard
Monterey Park, California 91754
Phone #:
Fax
Notices to City of shall be addressed as follows:
City of Rosemead
Attn: Jeffry Allred
Address: 8838 E. Valley Blvd., Rosemead, CA 91770
Phone 9:( 626) 569 -2100
Fax #: (626) 307 -9208
11.0 AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a
written Amendment duly executed by the County Board of Supervisors and an authorized
representative of the City. Notwithstanding, the Sheriff or his designee is hereby
authorized to execute on behalf of the County any Amendments and/or supplemental
agreements referenced in Sections 1. 1, 3.0, 4.31 5.2, and 9.2 of this Agreement.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing this Agreement for the
City is an authorized agent who has actual authority to bind the City to each and
every term, condition, and obligation of this Agreement and that all requirements
of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing this Agreement for
the County is an authorized agent who has actual authority to bind the County to
each and every term, condition, and obligation of this Agreement and that all
requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
This Agreement, Attachment A, and any executed Amendments thereto constitute the
complete and exclusive statement of understanding of the parties which supersedes all
previous agreements, written or oral, and all communications between the parties relating
to the subject matter of this Agreement. No change to this Agreement shall be valid
unless prepared pursuant to Section 11.0, Amendments, of this Agreement.
//
/
//
//
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•
•
11
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
• BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF ROSEMEAD
•
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of
Supervisors, has caused this Agreement to be executed by the Chairman of said Board and
attested by the Executive Officer -Clerk of the Board of Supervisors thereof, and the City has
caused this Agreement to be executed on its behalf by its duly authorized representative.
ATTEST:
SACHI HAMAI
Executive Officer -Clerk
Board of Supervisors
a
ATTEST:
Deputy
City Clerk
APPROVED AS TO FORM:
ROBERT E. KALUNIAN
Acting County Counsel
0
Deputy County Counsel
COUNTY OF LOS ANGELES
5Z
DON KNABE
Chairman, Board of Supervisors
CITY OF ROSEMEAD
By
CITY OF ROSEMEAD, MAYOR
• 10
APPROVED AS TO FORM:
CITY ATTORNEY
C
ATTACHMENT A
PAGE 1 OF ] •
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
CONTRACT CITY LAW ENFORCEMENT SERVICES
Service Level Authorization
cITY: ROSEMEAD
FISCAL YEAR: 2009-2010 EFFECTIVE DATE: 7/1/2009
CODE
#
- SERVICES
TOTAL SERVICE UNITS PURCHASED
CONTRACT
LAW
USE ONLY
NEW I
PREVIOUS
CHANGE
306
DEPUTY SHERIFF SERVICE UNIT
40 Hour
0.0000 1
0.0000
0.0000
307
56 Hour
12.0000
12.0000
0.0000
308
70 Hour
0.0000
0.0000
0.0000
310
Non - Relief
6.0000
5.0000
1.0000
301
DEPUTY SHERIFF SERVICE UNIT (BONUS LEVEL)
40 Hour
0.0000
0.0000
0.0000
302
56 Hour
0.0000
0.0000
0.0000
303
70 Hour
0.0000
0.0000
0.0000
305
Non - Relief
0.0000
0.0000
0.0000
335
GROWTH DEPUTY, UNITS (Non - Relief Only)
Deputy
D.0000 1
0.0000
0.0000
358
Deputy vnth a dedicated vehicle
1.0000 1
2.0000
- 1.0000
336
De put y, B-1
0.0000 1
0.0000
0.00013
359
De ut B -1 with a dedicated vehicle
0.0000 1
0.0000
0.0000
383
GRANT UNITS (Non - Relief Only)
Deputy
0.0000
1 0.0000
0.0000
360
De with a dedicated vehicle
O.D000
1 0.0000
0.0000
384
De B-1
1.0000
1 1.01100
0.0000
361
Deputy &1 with a dedicated vehicle
0.0000
1 0.0000
0.0000
342
SUPPLEMENTAL POSITIONS (Non - Relief Only)
Lieutenant
0.0000
1 0.0000
0.0000
353
Sergeant SAO
1.0000
1 1.0000
0.0000
348
Sergeant Motor
0.00130
0.0000
0.0000
354
Watch Deputy
0.0000
0.0000
0.0000
305
Motor Deputy
2.0000
2.0000
0.0000
325
CSA
0.0000
0.0000
0.0000
347
Security Officer
0.0000
0.0000
0.0000
340
Law Enforcement Tech
0.0000
0.0000
0.0000
343
Operations Asst 1
0.0000
0.0000
0.0000
344
Operations Asst 11
0.0000
0.0000
0.0000
345
Operations Asst III
0.0000
0.0000
0.0000
351
Stn Clerk II
O.00DO
0.0000
0.0000
329
Crime Analyst
0.0000
0.0000
O.D000
331
Custody Assistant
0.0000
0.0000
0.0000
Other Need to Insert cost on Pg 2)
0.00013
0.0000
0.0000
ATTN:
Routine Ctty.Helicopter Billin Agreement (indicate)
YES
NO
SH-AD 575 (REV. 3Ne)
•
•
•
•
Pape 2 of 3
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PAGE 30F 3
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
CONTRACT CITY LAW ENFORCEMENT SERVICES
DEPLOYMENT SURVEY
EFFECTIVE DATE: 71lr2OO9 CKY ROSEMEAD
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COUNTY -CITY SPECIAL INDEMNITY AGREEMENT
THIS AGREEMENT ( "Agreement "), dated for reference purposes on the
jLday of1.1G_L 2009, is made and entered into between the County of
Los Angeles, hereinafter referred to as the "County," and the Cities identified in
Recital G below, hereinafter cumulatively referred to as the "Cities."
RECITALS
A. Cities, and each of them, and County have heretofore contracted for
the performance of law enforcement services to be provided by the County,
its officers, agents and employees, known as "Municipal Law Enforcement
Services Agreements" which contracts the parties may in the future extend,
renew and amend, and enter into other and further contracts for the
• performance. of such services (hereinafter referred to as "MLESA "); and
B. Cities and County have'heretofore contracted for the indemnification
of the Cities by the County, utilizing the Liability Trust Fund ( "LTF ") for the
acts and omissions corrnnitted by the County's employees in the course
and scope of providing services under the MLESA agreements, more
particularly described as the Joint Indemnity Agreements or Assumption of
Liability Agreements (hereinafter referred to as "Joint Indemnity
Agreements ") which have remained in full force and effect to the present
time; -acrd
C. In accordance with the Joint Indemnity Agreements, the County
established the LTF, as provided in those agreements. In accordance with
the Joint Indemnity Agreements, the Cities, and each of them, are required
•
CCCA- COLA.SPCINDEN24 YAGR090730.3FIN.DGC
to pay monies into the LTF. The monies in the LTF are used to reimburse
the County for claims, losses, costs and expenses it incurs for which
indemnification is provided in the parties' MLESA and /or Joint Indemnity
Agreements; and
D. The County withdrew sums from the LTF for the purpose of
reimbursing itself for its payment of settlement of claims related to sexual
assaults committed by a deputy sheriff (Gonzales) in the years 2002 and
2003 (the "Claims "); and
E. A dispute . has arisen between the parties regarding the
circumstances under which the County may utilize the funds in the LTF for
claims arising from sexual assaults committed by deputy sheriffs employed
by the County ( "Sexual Assaults "); and
F. The parties desire to continue the Joint Indemnity Agreements and
MLESA agreements, as amended, modified and supplemented from time to
time_ As further consideration to the Cities, the County is willing to
reimburse the LTF for a portion of the sums that are used or may be used
by it from the LTF for claims, losses, costs or expenses arising out of
certain Sexual Assaults, as defined in Section 2 below, occurring in the
performance of the MLESA agreements on the terms and in the manner
provided in this Agreement.
G. The Cities that are a party to this Agreement are as follows:
City of Agoura Hills
City of Artesia
City of Avalon
City of Bellflower
City of Bradbury
City of Calabasas
CCCA- COLA.SPCINDEMN YAGR090730.3FPl.DOC 2
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City of Carson
City of Cerritos
City of Commerce
City of Compton
City of Diamond Bar
City of Duarte
City of Hawaiian
Gardens
City of Hidden Hills
City of Industry
City of La Canada
Flintridge
La Habra Hieghts
City of La Mirada
City of La Puente
City of Lakewood
City of Lancaster
City of Lawndale
City of Lomita
City of Lynwood
City of Malibu
City of Norwalk
City of Palmdale
City of Paramount
City of Pico Rivera
City of Rancho Palos
Verde
City of Rolling Hills
City of Rolling Hills
Estate
City of Rosemead
City of San Dimas
City of Santa Clarita
City of South El Monte
City of Temple City
City of Walnut
City of West Hollywood
City of Westlake Village
NOW, THEREFORE, for good and valuable consideration, receipt of which
is acknowledged, it is mutually agreed as follows:
AGREEMENT
1. Effective Date.
This Agreement shall be effective as of July 1, 2009. The foregoing
notwithstanding, this Agreement shall apply to any claims notice of which is first
given to the Liability Trust Fund Oversight Committee after the effective date of
this agreement, regardless of the date of occurrence. For purposes of this
Agreement "notice" shall mean notification to the Chief Executive Officer of the
California Joint Powers Insurance Authority-and the Executive Director of the
California Contract Cities Association, unless otherwise instructed in writing.
2. Indemnity by the County to the City.
COCA• COLA .SPCSIDEtANTYAGR090730.3FIN.DOC
3
The parties agree that the maximum liability of the LTF for any losses, •
claims, costs or expenses related to certain Sexual Assaults, as herein below
defined, by deputies or other peace officers in the employ of the County shall be
one -half (1/2) of any settlement, judgment or award for such assaults and the
costs of defense, including attorneys fees, for such claims or lawsuits. In the
event that a withdrawal is made by the County from the LTF for any liability
related to certain Sexual Assaults by deputies or other peace officers, as herein
below defined, the County shall reimburse the LTF, or, in the event that it has
not made a withdrawal of funds from the LTF it shall assume the responsibility to
pay from its own funds, one -half (1/2) of any amounts necessary to satisfy any
judgment, award or settlement not otherwise covered by insurance, if there is
any, together with costs of defense, including attorneys fees, under the following •
circumstances;
a. A felony judgment of criminal conviction is entered in a state or federal
court based upon the same facts as the claim; and
b. The felony judgment of criminal conviction is based upon an act of rape,
sodomy, oral copulation or other sexual penetration of a person;
For purposes of calculating the amount that the County is obligated to pay
into the LTF under this Agreement, any amount paid by an insurance carrier
directly to a claimant on a claim which is subject to this Agreement shall not be
deemed to have been paid from the LTF.
For purposes of calculating the amount that the County is obligated to pay
into the LTF under this Agreement, any amount paid from the LTF on a claim
L�
CCCA-COLA .SPCIN'DENCMAGR.090730.3FIN.DOC 4
• which is subject to this Agreement but which is reimbursed to the LTF by an
insurance carrier shall not have been deemed paid from the LTF.
Nothing herein creates an obligation upon the Cities, or any of them, or any
other entity to acquire, have or maintain any policy of insurance.
3. Term of and Application to Other Agreements.
This Agreement shall apply to all MLESA agreements now existing or
hereafter entered into, including amendments, renewals or other extensions
thereof. This Agreement shall serve to supplement the Joint Indemnity
Agreements with respect to the single subject matter addressed herein.
Nothing herein shall be deemed to change, modify, alter, ,amend, or
substitute any term, right, obligation or condition set forth in an MLESA, as
• amended or modified, from time to time.
4. Termination of Service Contracts Between County and Cities.
This Agreement shall continue in effect until the last of any MLESA or
similar agreement is lawfully terminated in accordance with its terms. Such
termination shall not relieve County or City for any obligations set forth in such
MLESA agreement relating to obligations upon termination of such agreement
and this Agreement to any claims related to a Sexual Assault.
5. Release of the Claims.
The Cities and each of them hereby waive, release and - relinquish any claim
they may have for the reimbursement of the sums withdrawn by the County with
respect to the Claims. The County hereby waives, releases and relinquishes any
right or claim it may have for reimbursement of any sums it has or may have
•
CCCA- COLA.SPC@IDEMNTYAGR.090730.3FIN.DOC 5
paid or incurred with regard to any Sexual Assault occurring prior to the effective •
date of this Agreement.
6. Further Assurances.
Each of the parties hereto agrees to execute and deliver any and all
additional papers and documents, and to do any and all acts reasonably
necessary in connection with the performance of its obligations hereunder and to
carry out the intent of the parties hereto.
7. Non - Admission of Liability.
Each of the parties hereto agrees that nothing contained or incorporated
herein shall be deemed as an admission of liability with respect to any matter,
thing, or dispute whatsoever.
S. Entire Agreement. •
This Agreement with regard to the use of LTF funds by the County for
claims arising out of Sexual Assaults, and the other agreements between the
parties referenced herein, shall constitute the entire agreement between the
parties hereto with respect to the subject matter hereof, and shall supersede all
prior and contemporaneous agreements, representations of the parties
concerning the subject matter hereof and the terms applicable thereto.
9. Amendment.
This Agreement may not be supplemented, modified or amended in any
manner, except by an instrument in writing stating that it is a supplement,
modification or amendment of this Agreement and signed by each of the parties
hereto.
CCCA - COLA .SPCINDEMN7YAGR.09073O3FINDOC 6
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10. Waiver.
No waiver of any of the provisions of this Agreement shall be deemed or
constitute a waiver of any other provision, whether or not similar, nor shall any
wavier constitute a continuing wavier. No waiver shall be binding, unless
executed in writing by the party making the waiver.
11. Counterparts.
This Agreement may be executed by one or more separate counterparts,
each of which, when so executed shall together constitute one and the same
instrument. A copy transmitted electronically or by facsimile shall be deemed
effective as an original.
12. Captions.
The captions appearing in this Agreement are descriptive only and for
convenience of reference. Should there be any conflict between any such caption
and the terms of this Agreement, the latter shall control and govern the
construction of this Agreement.
13. Constructions and Interpretation.
The parties have participated equally in the preparation of this Agreement,
which shall be construed and interpreted simply and fairly and not strictly for or
against any party.
14. Recitals.
The Recitals set forth in this Agreement are incorporated herein by
reference and made a part hereof.
CCCA - COLA. SPCL*IDEMNTYAGR.090730.3FP1.DCC
7
IN WITNESS WHEREOF, the parties, hereto have caused this Agreement to •
be executed by their fully authorized officers the day and year hereinafter set
forth.
COUNTY OF LOS ANGELES
DON KNABE
Chairman, Board of Supervisors
ATTEST:
SACHI HAMAI
Executive Officer -Clerk
Board of Supervisors
10
Deputy
APPROVED AS TO FORM:
ROBERT E. KALUNIAN
Acting County Counsel
an
(Signatures continued)
CCCA - COLA .SPCMEI,aMAGR090730.3FIN.DOC 8
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City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
B v
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA- COLASPCINDENQMAG2090730.3 FN. DOC
CITY OF ROSEMEAD
By
MAYOR
CITY OF SAN DIMAS
MAYOR
25
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