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CC - Item 2B - Staff Report RES NO. 99-26 staf �. _ _ teport TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G.TRIPEPI, CITY MANAGER DATE: JUNE 2, 1999 RE: RESOLUTION NO. 99-26 APPROVING THE RENEWAL OF THE LAW ENFORCEMENT CONTRACT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES AND REQUESTING CONTINUATION OF ADDITIONAL SERVICES IN THE AREA OF: MOTORCYCLE ENFORCEMENT, TRAFFIC LAW ENFORCEMENT, COMMUNITY SERVICE PERSONNEL, NARCOTICS EDUCATION PROGRAM(SANE), LICENSE INVESTIGATION AND ENFORCEMENT, AND SPECIAL ASSIGNMENT PERSONNEL Attached for your consideration is Resolution No. 99-26 approving the five year Law Enforcement Services Agreement between the City of Rosemead and the County of Los Angeles which will ensure the continuation of law enforcement services from July 1, 1999 through June 30, 2004. Contract Law has requested that the Resolution also approve the continuation of additional services in the areas of Motorcycle Enforcement, Traffic Law Enforcement, Community Service Personnel, SANE Program, License Investigation and Enforcement, and Special Assignment Personnel. The Resolution is similar to the one adopted in June of 1994. The City Attorney has reviewed and approved the contract as to form. • RECOMMENDATION It is recommended that the Rosemead City Council approve the Resolution No. 99-26 approving • the attached agreement and direct the City Clerk to send signed copies to the appropriate • department. • wataitlawat COUNCIL AGENDA • JUN 0 31999 ITEM No. JZ ..B 2 Section 4. It is hereby requested that the Board of Supervisors or its designated agent or agency approve and authorize the performance of services requested in this resolution, subject to the terms and conditions set forth in the existing Law Enforcement Services Agreement. Section 5. The City Clerk is hereby directed to forward a certified copy of the this resolution to the Clerk of the Board of Supervisors, to the County Sheriffs Department, and the Chief Administrative Office of the County of Los Angeles. PASSED AND APPROVED this day of 199_ MAYOR ATTEST: City Clerk RESOLUTION NO. 99-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE RENEWAL OF THE LAW ENFORCEMENT CONTRACT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES AND REQUESTING THE CONTINUATION OF ADDITIONAL LAW ENFORCEMENT SERVICES WITHIN 111E CITY OF ROSEMEAD FROM THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE CITY-COUNTY LAW ENFORCEMENT SERVICES AGREEMENT THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES RESOLVE AS FOLLOWS: Section I. The City Council of the City of Rosemead pursuant to the terms and provision of the City-County Law Enforcement Services Agreement, dated 199 , and entered into by and between the City of Rosemead and the County of Los Angeles for general law enforcement services through the County Sheriffs Department, desires for the City specialized law enforcement services, said services being in addition to those heretofore requested by the Law Enforcement Services Agreement. Section 2. Therefore, in addition to the general law enforcement services now being provided to the City of Rosemead pursuant to the Law Enforcement Services Agreement, the City Council does hereby request the following additional services: X Motorcycle Traffic Enforcement X Traffic Law Enforcement X Community Service Personnel Parking Control X Narcotics Education Program (SANE) X License Investigation and Enforcement School Crossing Guards X Special Assignment Personnel Section 3. The County of Los Angeles, through its Sheriffs Department, has expressed its willingness to provide Aerial Helicopter Patrol and Support Service on a fee basis pursuant to a policy which defines Countywide, and less than Countywide, helicopter enforcement services. In addition to the general law enforcement services now being provided to the City of Rosemead pursuant to the Law Enforcement Services Agreement, the City Council DOES X DOES NOT request Aerial Helicopter Patrol and Support Service. Section 4. It is hereby requested that the Board of Supervisors or its designated agent or agency approve and authorize the performance of services requested in this resolution, subject to the terms and conditions set forth in the existing Law Enforcement Services Agreement. Section 5. The City Clerk is hereby directed to forward a certified copy of the this resolution to the Clerk of the Board of Supervisors, to the County Sheriffs Department, and the Chief Administrative Office of the County of Los Angeles. PASSED AND APPROVED this day of 199_ MAYOR ATTEST: City Clerk 1 CITY-COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT 2 3 4 THIS AGREEMENT, dated for purposes of reference only, 5 , 199 , is made by and between the 6 COUNTY OF LOS ANGELES, hereinafter referred to as "County, " and the 7 CITY OF ROSEMEAD, hereinafter referred to as "City" . 8 RECITALS: 9 (a) The City is desirous of contracting with the County for the 10 performance of the hereinafter described law enforcement functions 11 within its boundaries by the County of Los Angeles through the Sheriff 12 thereof . 13 (b) The County of Los Angeles is agreeable to rendering such 14 services on the terms and conditions hereinafter set forth. 15 (c) Such contracts are authorized and provided for by the 16 provisions of Section 56-1/2 and 56-3/4 of the Charter of the County 17 of Los Angeles and Article 1, Chapter 1, Part 2 , Division 1, Title 5 18 of the Government Code of the State of California. 19 THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS : 20 1 . The County agrees, through the Sheriff of the County of Los 21 Angeles, to provide general law enforcement services within the 22 corporate limits of City to the extent and in the manner hereinafter 23 set forth. 24 Except as otherwise hereinafter specifically set forth, such 25 services shall only encompass duties and functions of the type coming 26 within the jurisdiction of and customarily rendered by the Sheriff of 27 the County of Los Angeles under the Charter of said County and 28 statutes of the State of California, and under the municipal codes of 1 the city for which the Sheriff ' s services are provided. 2 2 . During the term of this agreement, the Sheriff or his 3 designee shall serve as Chief of Police of the City and shall perform 4 the functions of the Chief of Police at the direction of the City. 5 The rendition of the services performed by the Sheriff ' s Department, 6 the standards of performance, the discipline of officers, and other 7 matters incident to the performance of such services and the control 8 of personnel so employed shall remain with the County. In the event 9 of a dispute between the parties to this contract as to the extent of 10 the duties and functions to be rendered hereunder, or the minimum 11 level or manner of performance of such service, the City shall be 12 consulted and a mutual determination thereof shall be made by both the 13 Sheriff of the County and the City. The Sheriff, in an unresolved 14 dispute, shall have final and conclusive determination as between the 15 parties hereto. 16 3 . General law enforcement services performed hereunder may 17 include, if requested by the City, traffic enforcement, license 18 inspection and enforcement, the supplying of crossing guards, crime 19 prevention, community service officers, and law enforcement education 20 programs. The City is not limited to the foregoing services, but may 21 also request any other service in the field of public safety, law, or 22 related fields within the legal power of the Sheriff to provide . 23 If the City desires to receive general law enforcement services, 24 the City shall notify the Board of Supervisors by resolution of the 25 City Council indicating its desire and that the Sheriff is willing to 26 provide such services. Should the City desire to receive any service 27 from the Sheriff not specifically listed above, the City Council, by 28 resolution, must indicate that the Sheriff is willing to provide such 2 1 services. 2 4 . For the purpose of performing said functions, County shall 3 furnish and supply all necessary labor, supervision, equipment, 4 communication facilities, and supplies necessary to maintain the 5 agreed level of service to be rendered hereunder. Notwithstanding the 6 foregoing, the City may provide additional resources for the County to 7 utilize in performance of the services . 8 When and if both parties to this contract concur as to the 9 necessity of maintaining a law enforcement headquarters within said 10 City which would not normally be provided by the Sheriff, the City 11 shall furnish at its own cost and expense all necessary office space, 12 furniture and furnishings, office supplies, janitor service, 13 telephone, light, water and other utilities . It is expressly further 14 understood that in event such local office is maintained in said City, 15 such quarters may be used by the Sheriff of the County of Los Angeles 16 in connection with the performance of his duties in territory outside 17 of the City, provided, however, that the performance of such outside 18 duties shall not be at any additional cost to the City. 19 Notwithstanding the foregoing, it is mutually agreed that in all 20 instances where special supplies, stationery, notices, forms, and the 21 like must be issued in the name of said City, the same shall be 22 supplied by the City at its own cost and expense. 23 5 . All persons employed in the performance of such services and 24 functions pursuant to this agreement for the City shall be County 25 employees, and no City employee as such shall be taken over by said 26 County, unless by specific additional agreement in the form of a 27 merger contract which must be concurrently adopted by the City and 28 County. No person employed hereunder for law enforcement service in 3 • 1 the City shall have any City pension, civil service, or any status or 2 right . 3 For the purpose of performing services and functions, pursuant to 4 this agreement and only for the purpose of giving official status to 5 the performance thereof, every County officer and/or employee engaged 6 in performing any such service and function shall be deemed to be an 7 officer or employee of the City while performing such service for the 8 City, which service is within the scope of this agreement and is a 9 municipal function. 10 6 . The contracting City shall not be called upon to assume any 11 liability for the direct payment of any Sheriff ' s Department salaries, 12 wages, or other compensation to any County personnel performing 13 services hereunder for said City. 14 Except as herein otherwise specified, the City shall not be 15 liable for compensation or indemnity to any County employee or agent 16 of the County for injury or sickness arising out of his/her employment 17 as a contract employee of the City. 18 7 . The parties hereto have executed an Assumption of Liability 19 Agreement approved by the Board of Supervisors on December 27, 1977, 20 and/or a Joint Indemnity Agreement approved by the Board of 21 Supervisors on October 8, 1991, and/or a revised Joint Indemnity 22 Agreement approved by the Board of Supervisors on August 9, 1993 . 23 Whichever of these documents the City has signed later in time is 24 currently in effect and hereby made a part of and incorporated into 25 this agreement as if set out in full herein. In the event the Board 26 of Supervisors later approves a revised Joint Indemnity Agreement and 27 the City executes the revised agreement, the subsequent agreement 28 as of its effective date shall supersede the agreement previously in 4 1 effect between the parties hereto. 2 8 . Unless sooner terminated as provided for herein, this 3 agreement shall be effective July 1, 1999 and shall remain in effect 4 until June 30, 2004 . At the option of the Board of Supervisors and 5 with the consent of the City Council, this agreement may be renewable 6 for successive periods of not to exceed five years each. 7 Notwithstanding the provisions of this paragraph hereinbefore set 8 forth, either party may terminate this agreement as of the first day 9 of July of any year upon notice in writing to the other party of not 10 less than sixty (60) days prior thereto. 11 Notwithstanding any provision herein to the contrary, the City may 12 terminate this agreement upon notice in writing to the County given 13 within sixty (60) days of receipt of written notice by the County of 14 any increase in the rate for any service to be performed hereunder, 15 and in such an event this agreement shall terminate sixty (60) 16 calendar days from the date of the City' s notice to the County 17 aforementioned. 18 9 . General law enforcement services will be provided by County on 19 the basis of a law enforcement service unit, or multiple or fraction 20 thereof . It is hereby agreed that the minimum level basic law 21 enforcement service shall be mutually agreed to by both the City and 22 the County as provided in Paragraph 2 herein. 23 Notwithstanding any provision herein to the contrary, the City may 24 request a reduction in the level of law enforcement service provided 25 by County to occur within sixty (60) days of receipt of written notice 26 by the County of any increase in the rate for any service to be 27 performed hereunder. 28 10 . The City shall pay for such service or services as are 5 1 required and requested and provided under the terms of this service 2 agreement at the rate established by the Auditor-Controller. 3 /// 4 /// 5 /// 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 SHERIFF' S DEPARTMENT' S CONTRACT CITY LAW ENFORCEMENT RATES* FISCAL YEAR 1999-2000 2 3 YEARLY LIABILITY 4 SERVICE UNIT RATE ® 6% TOTAL 5 6 Deputy Sheriff Service Unit 7 One Deputy, No-Relief $ 139,142 $ 8,348.52 $ 147,490.52 One Deputy, 40 Hour 156,038 9,362 .28 165,400.28 8 One Deputy, 56 Hour 218,453 13,107.18 231,560.18 One Deputy, 84 Hour 327,680 19,660.80 347,340.80 9 Two Deputy, 40 hour 312,076 18,724.56 330,800.56 Two Deputy, 56 hour 436,906 26,214 .36 463,120.36 10 11 Deputy Sheriff Service Unit (Bonus I) 12 One Deputy, No-Relief 148,391 8,903 .46 157,294.46 One Deputy, 40 Hour 166,410 9, 984.60 176,394.60 13 One Deputy, 56 Hour 232, 974 13, 978.44 246,952.44 One Deputy, 56 Hour 349,461 20, 967.66 370,428.66 14 15 Sergeant (Supplemental) 119,483 N/A 119,483.00 16 Supplemental Support Service Units 17 Watch Deputy 97,289 5,837.34 103, 126.34 18 Law Enforcement Technician 51,047 3,062.82 54, 109.82 Custody Assistant 58,211 3,492.66 61, 703 .66 19 20 Miscellaneous Service Unite 21 STAR Deputy (formerly SANE) 86,384 N/A 86,384.00 Crossing Guard (hourly) 9.96 0.60 10.56 22 License Detail (hourly) 57.28 3 .44 60.72 23 Community Service Officer 24 With Vehicle 30,226 1, 813.56 32, 039.56 25 Without Vehicle 24,775 1,486.50 26,261.50 26 Growth Deputy 92,790 5,567.40 98,357.40 27 28 7 1 The foregoing rates shall be readjusted by the County Auditor- 2 Controller annually effective July 1 of each year to reflect the cost 3 of such service in accordance with the policies and procedures for the 4 determination of such rate as adopted by the Board of Supervisors of 5 County. 6 11 . The cost of other services requested pursuant to this 7 agreement and not set forth in Paragraph 10 shall be determined by the 8 Auditor-Controller in accordance with the policies and procedures 9 established by the Board of Supervisors of County. 10 12 . The County, through the Sheriff of the County of Los 11 Angeles, shall render to said City within ten days after the close of 12 each calendar month a summarized invoice which covers all services 13 performed during said month, and said City shall pay County therefor 14 within sixty (60) days after date of said invoice. 15 If such payment is not delivered to the County office which is 16 described on said invoice within sixty (60) days after the date of the 17 invoice, the County is entitled to recover interest thereon. Said 18 interest shall be at the rate of ten (10) percent per annum or any 19 portion thereof calculated from the last day of the month in which the 20 services were performed. 21 13 . Notwithstanding the provisions of Government Code Section 22 907, if such payment is not delivered to the County office which is 23 described on said invoice within sixty (60) days after the date of the 24 invoice, the County may satisfy such indebtedness, including interest 25 thereon, from any funds of the City on deposit with the County without 26 giving further notice to City of County' s intention to do so. 27 14 . As part of its compliance with all applicable laws and 28 regulations relating to employee hiring, the County agrees that the 8 1 County Civil Service Rules to which it is subject and which prohibit 2 discrimination on the basis of non-merit factors, shall for purposes 3 of this contract be read and understood to prohibit discrimination on 4 the basis of sexual orientation. 5 /// 6 /// 7 /// 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 1 IN WITNESS WHEREOF, the City of Rosemead, by resolution duly 2 adopted by its City Council , caused this agreement to be signed by its 3 Mayor and attested to by its Clerk, and the County of Los Angeles, by 4 order of its Board of Supervisors, has caused these presents to be 5 subscribed by the Chairman of said Board to be affixed thereto and 6 attested by the Clerk of said Board, all on the day and year first 7 above written. 8 CITY OF ROSEMEAD 9 By 10 Mayor 11 COUNTY OF LOS ANGELES 12 By 13 Chair, Board of Supervisors ATTEST: 14 15 City Clerk 16 ATTEST: 17 JOANNE STURGES 18 Executive Officer/Clerk of the Board of Supervisors 19 20 By Deputy 21 APPROVED AS TO FORM: 22 LLOYD W. PELLMAN 23 County Counsel 24 BYE CLIP-A'-.4.4 )) 25 De ty 26 27 28 10