CC - Item 5B - Los Angeles County Sheriff's Deparment "STAR" ProgramROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER A.0
DATE: AUGUST 28, 2018
SUBJECT: LOS ANGELES
17.ZI1H.7:\u I
SUMMARY
COUNTY SHERIFF'S DEPARTMENT "STAR"
At the City Council Meeting held July 10, 2018, the Council directed staff to further investigate
and work with both the Los County Sheriff's Department Success Through Awareness &
Resistance (STAR) program representatives and the Rosemead and Garvey School District
representatives to determine a program and cost estimate for the current school year.
In previous years, and ending in approximately 2009, the City had contracted with the Los
Angeles County Sheriff's Department's to provide the STAR program. The unit is comprised of
Deputy Sheriffs who provide drug, gang, and violence prevention education to students. The
program they provide is a structured curriculum consisting of a number of classes and lessons
agreed upon with the school district.
After STAR representatives met with both school district representatives, Dr. Chu and Dr. Fang
respectively, they were able to accommodate a program that would target 3 grade levels per
district. Rosemead District would focus on 5th, 6th, and 7th graders, while Garvey District would
like to focus on 4th, 5h, and 6th grades. The below chart summarizes the number of lessons,
classes and total costs.
Additionally, staff inquired about the ability of the districts to assist with funding. Garvey
District has stated they are unable to assist with funding the program this year, and at the time of
this report being drafted, staff is still awaiting an answer from the Rosemead District.
AGENDA ITEM NO. 5.B
Grade Level
# of Classes
# of Lessons
Total Lessons
Total Cost
Rosemead
5th, 6th, 7th
39
8
312
$78,018.72
Garvey
4th 5th 6th
34
8
272
$68,016.32
584 Lessons x $250.06 (each lesson) =
$146,035.04
Additionally, staff inquired about the ability of the districts to assist with funding. Garvey
District has stated they are unable to assist with funding the program this year, and at the time of
this report being drafted, staff is still awaiting an answer from the Rosemead District.
AGENDA ITEM NO. 5.B
City Council Meeting
August 28, 2018
Page 2 of 2
Representatives from the STAR program are available to answer any questions regarding their
respective programs.
STAFF RECOMMENDATION
That the City Council:
1. Approve the attached Agreement that falls under the umbrella of the Municipal Law
Enforcement Services Agreement with Los Angeles County; and
2. Authorize the City Manager to execute the Agreement.
FISCAL IMPACT
To fund the proposed STAR program, staff is proposing $87,000.00 originally budgeted for
probationary services be re -allocated to the STAR program and $59,035.00 be appropriated from
the unreserved general fund.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Greg S. Tsujiuchi, Assistant City Manager
Attachment A: Draft STAR Services Agreement
Attachment B: Municipal Law Enforcement Agreement
Attachment A
Draft STAR Services Agreement
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Attachment B
Municipal Law Enforcement Agreement
78200
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 W IGTj . , 2014 by and
between the County of Los Angeles (hereinafter referred to as "County") and the City of
Rosemead (hereinafter referred to as "City").
RECITALS
A. Whereas, the City is desirous of contracting with the County for the performance of
municipal law enforcement services by the Los Angeles County Sheriffs Department
(hereinafter referred to as "Sheriffs Department"); and
B. Whereas, the County is agreeable to rendering such municipal law enforcement services
on the terms and conditions set forth in this Agreement; and
C. Whereas, such municipal law enforcement services agreements are authorized and
provided for by the provisions of Section 56% and 56% 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:
1.4 SCOPE OF SERVICES
1 3 The County, by and through the Sheriff s Department, agrees 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 Sheriffs Department under the County Charter,
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State of California statutes, and the City municipal codes.
1:3 General law enforcement services performed hereunder may include, if requested
by the City, supplemental security support, supplemental swum officer support,
and supplemental professional civilian support staff.
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.
2.2 The rendition of the services performed by the Sheriff's 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 Sheriffs Department and the
City,
2.4 With regard to Paragraphs 2.2 and 2.3 above; the Sheriffs Department, 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 Sheriff's 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 employees
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, and
not to establish an agency relationship, every County employee engaged in
performing any such service and function shall be deemed to be an officer of said
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City while performing service for said City, which service is within the scope of
this Agreement and is a municipal function.
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
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 performance under this agreement.
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 Sheriffs Department and indicated on a Los
Angeles County Sheriffs Department SH -AD $75 Deployment of personnel
Form, attached hereto as Attachment and incorporated herein by this reference.
3,2 City, or its designated City representative, shall meet with its respective Sheriffs
Department Station Captain when requesting law enforcement services to be
performed in the City, and provide direction to the Sheriffs Department Station
Captain regarding the method of deployment for such services. The Sheriffs
Department shall ensure that all services are delivered in a manner consisicnt with
the priorities, annual performance objectives, and goals established by the City.
3.3 The Sheriffs Department shall make every attempt to avoid deployment
deficiencies (i.e., "busting" of cars) which may cause impairments in the
consistent delivery of services. Should the Sheriff's Department determine that a
temporary increase, decrease, and/or realignment in the deployment
methodologies is necessary, the Sheriffs Department shall promptly notify City of
this change in advance. In the event that prior notice is not possible, City shall be
notified of the change within two City business days. If monthly service
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compliance falls below ninety-eight percent (98%), then the Sheriff's Department
Station Captain shall meet with the City to discuss compliance and identify a plan
for resolution. If the quarterly and/or year-to-date (September 301h, December
31st, March 31st, and June 30th) service compliance falls below ninety-eight
percent (98%), then the respective Sheriffs Department Division Chief shall meet
with the Sheriffs Department Station Captain and City to discuss compliance and
identify a plan for resolution, If City is dissatisfied with the outcome of either
resolution process, the matter will be elevated to a Sheriffs Department Assistant
Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may
include, but is not limited to, the use of overtime and/or staffing adjustments at no
additional cost to the City, and/or City -initiated service suspensions, If the City
determines it is unnecessary, City may waive either dispute resolution process
discussed above.
3.4 A new Attachment A. Los Angeles County Sheriff's Department SH -AD 575
Deployment of Personnel Form, of this Agreement shall be authorized and signed
annually by the City and the Sheriff or his designee each July 1, and attached
hereto.
3,5 Should the City request a change in level of service other than pursuant to the
annual July I readjustment, a revised Attachment A, Los Angeles County
Sheriffs Department SH -AD 575 Deployment of Personnel Form, of this
Agreement shall be signed and authorized by the City and the Sheriff or his
designee and attached hereto.
3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriffs
Department SH -AD 575 Deployment of Personnel Form, of this Agreement shall
be the staffing level in effect between the County and the City.
3.7 The City is not limited to the services indicated in Attachment A, Los Angeles
County Sheriffs Department SH -AD 575 Deployment of Personnel Form, of this
Agreement. 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 a revised Attachment A, Los Angeles County
Sheriffs Department SH -AD 575 Deployment of Personnel Form, under the
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procedures set forth in Paragraphs 3.4 and 3.5 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,
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 Sheriffs Department substation
within the City which would not normally be provided by the .Sheriffs
Department, 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 Sheriffs
Department 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 awn 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. 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
0
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.
5.3 In the event the Board of Supervisors later approves a revised Assumption of
Liability Agreement and/or 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.
6.4 TERMOFAGREEMENT
6.1 The term of this Agreement shall be from July I, 2014 through June 30, 2019,
unless soonertenninated 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 maybe renewed or extended for successive periods not
to exceed five (S) 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 Paragraph 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
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) calendar 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) calendar
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
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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) calendar 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 parry shall be released from all obligations which
would otherwise accrete 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 Sheriff's
Department SH -AD 575 Deployment of Personnel Form, of this Agreement, 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, of this Agreement shall be
readjusted by the County Auditor -Controller annually effective July l 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, of this Agreement.
8.4 The cost of other services requested pursuant to Paragraph 3.7 of this Agreement
and not set forth in Attachment A, Los Angeles County Sheriffs Department SH-
AD 575 Deployment of Personnel Form, of this Agreement 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 Sheriffs Department, shall render to said City within ten
(10) calendar days after the close of each calendar month a summarized invoice _
which covers all services performed during said month, and said City shall pay
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County for all undisputed amounts within sixty (60) calendar 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) calendar 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) calendar 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) calendar days 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) calendar 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
10.1 Unless otherwise speeffied 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.
PC
102 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 #:
10.3 Notices to City of shall be addressed as follows:
City of Rosemead
Attn:
Address:
Phone #:
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 1.3, 3.0, 4.3, 8.2, 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 hereto 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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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.
COUNTY OF LOS ANGELES
By
MICHAEL ANTONOVICH
Chair Pro Tern , Board of Supervisors
ATTEST:
SACHIHAMAI tit FCA�A
Executive Officer -Clerk A T
Boartjf Supervisors n l rno�
By
#41 MAY 2 Q 2744
Deputy
CITY OF ROSEMEAD SAGMi a. t �AkV�
}}� / EXECUTIVE OFFICER
By
ATTEST:
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
JOHN F. KRATTLI _ CITY ATTORNEY
Bv
i
ou tY Counsel
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