The URL can be used to link to this page

CC - Item 5E - Annual Services Level Authorization with Los Angeles County Sheriffs DepartmentROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: JULY 12, 2022 SUBJECT: ANNUAL SERVICES LEVEL AUTHORIZATION WITH LOS ANGELES COUNTY SHERIFF'S DEPARTMENT SUMMARY Rosemead contracts with the Los Angeles County Sheriff's Department for law enforcement services. The Annual Service Level Authorization ("ASLA" — Attachment A) is provided annually and identifies the service levels and costs under the Municipal Law Enforcement Services Agreement ("MLESA" — Attachment Q. The current MLESA was approved in 2019 and will expire in June 2024. Historically, the City maintains law enforcement services level at 22 funded positions as follows: -new MUc In FY 2020-21, the City was assessed a direct cost for the Lieutenant position and one Motor Deputy was removed as a replacement position. In FY 2021-22, the Grant Motor Deputy became unavailable and the position was replaced with a Growth Special Assignment Deputy. For FY 2022-23, the Growth Special Assignment Deputy position is reverting back to the Grant Motor Deputy to maintain the prior FY 2020-21 services level. AGENDA ITEM 5.E F!2028-19 FY 2019-20• FY 2020-21M9,229,934$ -23Deputy Sheriff Patrol 156 -Hours Unit) 12 12Rosemead Special Assignment Deputy 7 7Growth S ecial Assignment Deputy Grant Motor Depu Motor Deputy Ser eant 1 1Ueutenant1Positions 22 22 22Est. Tocol with liability Surcharge $ 8,209,750 $ 8,653,743 $ 9,103,88084,810 -new MUc In FY 2020-21, the City was assessed a direct cost for the Lieutenant position and one Motor Deputy was removed as a replacement position. In FY 2021-22, the Grant Motor Deputy became unavailable and the position was replaced with a Growth Special Assignment Deputy. For FY 2022-23, the Growth Special Assignment Deputy position is reverting back to the Grant Motor Deputy to maintain the prior FY 2020-21 services level. AGENDA ITEM 5.E City Council Meeting July 12, 2022 Page 2 of 2 The estimated costs for FY 2022-23 include a 1.43% increase in the cost of a Deputy Sheriff Service Unit, 3.15% for a Sergeant, and 3.28% for a Lieutenant. A summary of FY 2022-23 estimated services costs, liability trust fund, other costs, and total: :YEAR swomcw. FY202&20 FY .:. TOM FY202D-22 $ FY 2021-22 $ 869,499.84 FY2072-23. n. % Change riff patrol 56 -Hours Unit) $ 407,115 $ 427,104 $ 450,886 $ 457,440 $ 463,979 1.43% Deputy ecial Assignmennuty $ 264,360 $ 277,340 $ 292,783 $ 297,039 $ 301,285 1.43% cial Ass! nment D $ 204,616or De uty$ WaZt 194,726 $ 204,614 $ 219,323 $ 227,801 uty $ 281,354 $ 297,689 $ 235,863 $ 247,580 $ 265,563 $ 270,922 $ 279,459 3.1 $ 314,144 $ 320,795 $ 331,308 3.28% A summary of FY 2022-23 estimated services costs, liability trust fund, other costs, and total: :YEAR swomcw. , ^;ESTIMATED WIBIUTYTRUSr : fuRO ESTWTED EQUWMENTIOTM ` `COST TOM FY 2022-23 $ 8,515,311.00 $ 869,499.84 $ 4,700.00 $ 9,389,510.84 FY 2021-22 $ 8,364,886.00 $ 855,048.59 5 4,700.00 5 9,224,634.59 DIFFERENCE $ 150,425.00 $ 14,451.25 $ - $ 164,876.25 STAFF RECOMMENDATION It is recommended that the City Council approve and authorize the City Manager to: 1. Execute the Annual Service Level Authorization Forms and any additional necessary documentation. FISCAL IMPACT The City's proposed 2022-23 Fiscal Year budget includes the necessary funding for the Annual Service Level Costs. STRATEGIC PLAN IMPACT — Approval of the Annual Service Level Authorization meets a goal of the Strategic Plan to enhance public safety and quality of life. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A - ASLA SH -AD 575 Forms Attachment B - Master Rate Sheet Attachment C - Municipal Law Enforcement Services Agreement 2019 Attachment A ASLA SH -AD 575 Forms ti r N O N 2 W � LU � N a w Q N Orvii N z— �wz � w = U. N—a CO z O ? Lu 2q¢ Lo U W Uj J r LU W Q U C�rz QZ Lu O0) 0 J m �y Z 0 0 W 0 ATTACHMENTA oLOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES SERVICE LEVEL AUTHORIZATION (SH -AD 575) DEPLOYMENT OF PERSONNEL City: Rosemead Fiscal Year: 2022-2023 Effective Date: 7/1/2022 UNIT TOTAL UNITS EM AM PM FM AM PM MOTORSERVICE DEP SAD D.B.PURCHASED R DEPUTY SHERIFF SAD 1,789 1,789 Non -Relief 7.00 7.00 35,1340 7.00 40 -Hour Unit 0.00 107,340 0 0.00 56 -Hour Unit 12.00 2.00 3.00 4.00 1.00 1.00 1.00 751,380 1.000 12.00 70 -Hour Unit 0.00 1.000 19.584 0.00 Motor (Non -Relief) 0.00 WPP 0.00 DEPUTY BONUS Non -Relief 0.00 0.00 40 -Hour Unit 0.00 0.00 56 -Hour Unit0.00 0.00 70 -Hour Unit 0.00 1 0.00 GROWTH DEPUTY Deputy 0.00 0.00 SAD 0.00 0.00 Bonus] 0.00 0.00 Motor (Non -Relief) 0.00 0.00 GRANT DEPUTY Deputy 0.00 0.00 SAD 0.00 0.00 Bonus I 0.00 0-; Motor (Non -Relief) 1.00 1.00 1.00 Routine City Helicopter Billing Agreement YES D NOD License Detail - Business License & Renewal Applications YES D NOD License Detail - Acts on Violations Observed within the City YES In NOD S.T.A.R. Deputy Program YES D NOe Other Supplemental Services YES D NOD NOTE License DMI B bBed W en howdy basis and oMed MM My u sella is Provided. Lieutenant Sergeant Bonus Deputy I Motor Deputy Deputy SAD 1,789 1,789 0 1,789 35,1340 12,523 107,340 107,340 0 107,340 2,102,400 751,380 1.000 1.000 0.000 1.000 19.584 7.000 Hours Minutes Personnel SSO LET/CSA/CA/PCO Clerical 0 r 0 O.DDO I IP 0 0 0.000 0 0 0.000 (PERSONNEL TRANSACTION REQUEST) -PTA" REQUIRED AND SUBMITTED: YES] NCO Him FOR CONTRACT LAW ENFORCEMENT BUREAU USE ONLY BILLING MEMO REQUIRED AND SUBMITTED: YEE NC] HIM (PERSONNEL TRANSACTION REQUEST) -PTA" REQUIRED AND SUBMITTED: YES] NCO Him ORGANIZATIONAL CHART REQUIRED AND SUBMITTED: YEE NCO WPP DUTY STATEMENT REQUIRED AND SUBMITTED: YEB1 N(P WrV SMS DEPLOYMENT CONTRACT UPDATED: YESP NCP WO MINUTE PROGRAM IN RAPS UPDATED: YES] NOD WPP SH -AD 575 (REV. 03/221 Initials City Official: Unit Commander: Page 2 of 5 ATTACHMENTA All' LOS ANGELES COUNTY SHERIFF'S DEPARTMENT ANIML— Z CONTRACT CITY LAW ENFORCEMENT SERVICES SERVICE LEVEL AUTHORIZATION (SH -AD 575) 7. PUBLIC SAFETY EQUIPMENT CITY: Rosemead FISCAL YEAR: 2022-2023 Initials City Official: Unit Commander: SHAD 575 (REV. 03/22) Page 3 of 5 Attachment B Master Rate Sheet ATTACHMENTS Fiscal year: 2022-2023 CONTRACT CITY LAW ENFORCEMENT SERVICES AND EQUIPMENT MASTER RATE SHEET Liability Rate: 11.0% i szYRFir? Deputy Sheriff Non -Relief 5 301,285 310 Deputy Sheriff 4D -Hour Unit 5 331,414 306 Deputy Sheriff 56 -Hour Unit S 463,979 307 Deputy Sheriff 70 -Hour Unit $ 579,974 308 Special Assignment Deputy Non -Relief $ 301,285 278 Catalina Deputy Non -Relief $ 271,836 324 DSSU Bags I Rates _R�_ Deputy Sheriff, Bonus l Relief Factor Nan -Relief Annual 5 Fiat,, 325,373 305 Deputy Sheriff, Bonus I 40 -Hour Unit $ 357,910 301 Deputy Sheriff, Bonus l 56 -Hour Unit $ 501,074 302 Deputy Sheriff, Bonus I 70 -Hour Unit $ 626,342 303 sm wthlemwt Ospslq RNp Relief Facto, Annual Rate Service Code Growth Deputy Generalist Non -Relief 5 211,257 335 Growth Deputy Generalist 40 -Hour Unit 5 246,326 573 Growth Deputy Generalist 56 -Hour Unit $ 344,771 S82 Growth Deputy Generalist 70 -Hour Unit $ 430,964 583 Growth Special Assignment Deputy Non -Relief $ 211,257 204 Growth Deputy Bonus I Non -Relief $ 231,615 336 Growth Motor Deputy Non -Relief $ 227,801 424 Grant Deputy Generalist Non -Relief S 211,257 386 Grant Special Assignment Deputy Non -Relief $ 211,257 312 Grant Deputy Bonus I Non -Relief $ 231,615 384 Grant Motor Deputy Non -Relief $ 227,801 422 Supplemental Rates '�Tk Relief Facto, Annual Rate Ser,,ice Code Captain Non -Relief $ 418,222 321 Lieutenant Non -Relief S 331,308 342 Sergeant, Patrol Non -Relief $ 353,655 631 Sergeant, Supplemental Non -Relief $ 279,459 353 Motor Sergeant Non-Refief S 294,613 348 Motor Deputy Non -Relief 5 301,285 305A Watch Deputy Non -Relief S 227,109 354 Community Services Assistant (w/ veh) Non -Relief $ 75,988 325 Community Services Assistant(w/out veh) Non -Relief $ 73,588 327 Crime Analyst Non -Relief $ 152,888 329 Custody Assistant Non -Relief S 125,217 331 Forensic ID Specialist If Non -Relief $ 187,615 356 Information Systems Analyst I Non -Relief $ 166,260 332 Intermediate Clerk Non -Relief $ 82,148 338 Law Enforcement Technician (w/veh) Non -Relief S 113,636 340 Law Enforcement Technician (w/out veh) Non -Relief $ 112,343 339 Operations Assistant I Non -Relief $ 108,543 343 Operations Assistant II Non -Relief 5 134,829 344 Operations Assistant 111 Non -Relief $ 154,412 345 Secretary V Non -Relief $ 117,437 346 Security Assistant Non -Relief S 60,735 362 Security Officer Non -Relief $ 96,411 347 Senior Information Systems Analyst Non -Relief $ 217,524 334 Station Clerk 11 Non -Relief S 102,296 351 Skynight Observer Non -Relief $ 325,373 349 Supervising Station Clerk Non -Relief S 123,685 352 Master Rate Sheet Page 4 of 5 CONTRACT CITY LAW ENFORCEMENT SERVICES AND EQUIPMENT MASTER RATE SHEET Vehicle & Equipment Rates B/W Patrol - Ford Explorer PIU Hybrid AWE) 2022-2023 $ 93,884 378 B/W Tahoe 2WD 2022-2023 $ 93,672 399 B/W Motorcycle 2022-2023 $ 48,957 381 Solid Patrol Vehicle with Cage (SAO Sergeant/Detectives) 2022-2023 $ 88,716 118A Solid Patrol Vehide without Cage (SAO 5ergeant/Detectives) 2022-2023 $ 86,300 1188 Ford Escape SUV Hybrid (White Fleet - CSA, SSO, LET) 2022-2023 S 59,284 203 Ford Explorer PIU Hybrid (Street Package -Executive) 2022-2023 $ 72,019 201 Ford F -ISO Police Responder BW 2022-2023 $ 95,714 205 K-9 Vehicle (8/W Tahoe 2W0) 2022-2023 S 105,819 593 Equipment MDC New Purchase. Data & Maintenance - CF -31 6 ; Year I r" $ 7,970 198 MDC New Purchase, Data & Maintenance - GETAC V110 Year 1 $ 7,795 164 MDC Data & Maintenance Only Year 2+ $ 1,685 S9S ALPR New Install 1st Year (Syr Program) Year 1 S 5,000 680 ALPR System 2nd Year Year 2 $ 5,000 680A ALPR System 3rd Year Year 3 $ 51000 6806 ALPR System 4th Year Year 4 $ 4,650 6800 ALPR System 5th Year Year 5 S 4,650 68DD Annual revised rates shall be readjusted annually per Secflem 8.2 and 11.3 of the MLESA. Master Rate Sheet Page 5 of 5 Attachment C Municipal Law Enforcement Services Agreement 2019 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD TABLE OF CONTENTS SECTION TITLE PAGE RECITALS............................................................................................................. 1 1.0 SCOPE OF SERVICES........................................................................ 1 2.0 ADMINISTRATION OF PERSONNEL ................................................. 2 3.0 DEPLOYMENT OF PERSONNEL......................................................... 3 4.0 PERFORMANCE OF AGREEMENT .................................................... 5 5.0 INDEMNIFICATION............................................................................... 6 6.0 TERM OF AGREEMENT........................................................................ 6 7.0 RIGHT OF TERMINATION................................................................... 7 8.0 BILLING RATES..................................................................................... 7 9.0 PAYMENT PROCEDURES.................................................................... 8 10.0 NOTICES........................................................................................... 9 11.0 AMENDMENTS................................................................................... 9 12.0 AUTHORIZATION WARRANTY......................................................... 10 13.0 ENTIRE AGREEMENT.......................................................................... 10 SIGNATURES....................................................................................................... 11 ATTACHMENT A: Los Angeles County Sheriff's Department Service Level Authorization (SH -AD 575) Form ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet ATTACHMENT C: Public Safety Equipment Use Requirements MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this 1 S1 day of 5Ut—`{ , 2019 by and between the County of Los Angeles ("County") and the City of Rosemead ("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 ("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, this Agreement is authorized by Sections 56'h and 563/4 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 1.1 The County, by and through the Sheriffs 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, 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 sworn 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 the 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. The City understands and agrees that, at the Sheriffs Department's sole discretion, the Sheriffs Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City's contracted items requires consultation with the City manager or his/her designee. 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. The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriffs Department Assistant Sheriff or the Sheriff. 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 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 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 2 by the City and the County. The Sheriffs Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions. 2.6 While performing law enforcement services and functions under this Agreement, every Sheriffs Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances. 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 the 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 the performance of services 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 Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH -AD 575) Form, of this Agreement. 3.2 The City, or its designated 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 City and the Sheriffs Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles 3 County Sheriff's Department Service Level Authorization (SH -AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. The Sheriffs Department shall ensure that all services are delivered in a manner consistent 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) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH -AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriff s Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriffs Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriffs Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service compliance falls below ninety-eight percent (98%), then the Sheriffs 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 30th, 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 the City to discuss compliance and identify a plan for resolution. If the 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, staffing adjustments, and/or City -initiated service suspensions, at no additional cost to the City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above. 3.4 A new Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH -AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, 0 and attached hereto as an Amendment to this Agreement. 3.5 Should the City request a change in the level of service other than pursuant to the annual July I readjustment, a revised Attachment A, Los Angeles County Sheriff's Department Service Level Authorization (SH -AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement. 3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff s Department Service Level Authorization (SH -AD 575) 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 Sheriff's Department Service Level Authorization (SH -AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff's Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH -AD 575) Form, of this Agreement under the procedures set forth in Paragraphs 3.4 and 3.5 above. 3.8 With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH -AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement. 4.0 PERFORMANCE OF AGREEMENT 4.1 For the purpose of performing general law enforcement services under this Agreement, the 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 5 within the City which would not normally be provided by the Sheriff s Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriffs Department 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 the City, such local office or building may be used by the Sheriffs Department in connection with the performance of its 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 the 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 County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County 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 County 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 County 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 AGREEMENT 6.1 The term of this Agreement shall be from July 1, 2019 through June 30, 2024, 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 3 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 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 County. 7.3 This Agreement may be terminated at any time, 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 party shall be released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 BILLING RATES 8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor -Controller. 8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement 7 Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor -Controller annually effective July I of each year, published by the County, 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 at the current fiscal year's billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH -AD 575) Form, of this Agreement. 8.4 The billing rates for other services and equipment requested pursuant to Paragraph 3.7 of this Agreement and not set forth on Attachment B. Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor -Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. 9.0 PAYMENT PROCEDURES 9.1 The County, through the Sheriffs Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice. 9.2 If such payment is not delivered to the County office which is described on the 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 the 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 8 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 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. 10.2 Notices to the County shall be addressed as follows: Los Angeles County Sheriffs Department Contract Law Enforcement Bureau Attn: Unit Commander 211 W. Temple Street. 7'h Floor Los Angeles, California 90012 Phone #:213-229-1647 10.3 Notices to the City of shall be addressed as follows: City of Rosemead Attn: Gloria Molleda, City Manager Address: 8838 E. Valley Blvd., Rosemead, CA 91770 Phone #: 626-569-2100 11.0 AMENDMENTS 11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, 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 E authorized representative of the City. 11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement. 11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party. 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, including Attachment A, Attachment B, and Attachment C, and any 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. 10 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 Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below. ATTEST: By C Jerk APPROVED AS TO FORM: MARY C. WICKHAM County Counsel Lo APPROVAL ON FILE Principal Deputy County Counsel COUNTY OF LOS ANGELES By 4wyck I � ALEX VIL NUEVA Sheriff Date o-7/1549 CITY OF ROSEMEAD Date (a 13 I q r II APPROVED AS TO FORM: CITY A OR,NEOY By w �% Attachment C PUBLIC SAFETY EQUIPMENT USE REQUIREMENTS 1.0 TRANSFER OF PUBLIC SAFETY EQUIPMENT 1.1 The County, through the Sheriffs Department, hereby transfers the public safety equipment set forth on Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH -AD 575) Form, of this Agreement ("Equipment") for the exclusive use of the City during the term of the Agreement. 2.0 USE OF EQUIPMENT 2.1 The City may use the Equipment for any lawful purpose, including use in connection with public safety activities in all areas under the City's jurisdiction. 2.2 The City shall not use or operate the Equipment in violation of any federal, state, or local law, rule, regulation, or ordinance. 2.3 The Equipment shall not be used or operated as follows: 2.3.1 In a manner subjecting the Equipment to depreciation above the normal depreciation associated with public safety use; and/or 2.3.2 For an illegal purpose or by a person under the influence of alcohol or narcotics. 3.0 SAFEKEEPING AND MAINTENANCE 3.1 The City shall exercise due care for the safekeeping of the Equipment during the term of the Agreement. 3.2 The City shall ensure that the Equipment is kept in good working order and condition, shall ensure that the Equipment is scheduled and available to County for the performance of its regularly scheduled maintenance by the County, and shall comply in every respect with any manufacturer's/owner's manual that comes with the Equipment. 3.3 The County shall perform all maintenance and repairs required for the proper operation of the Equipment. Except as otherwise set forth herein, such maintenance and repairs are provided in exchange for the City's payment of the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement. The City has the right to inspect said Equipment prior to acceptance of the Equipment following maintenance and repairs by the County. 3.4 Maintenance and repairs provided by the County under the Agreement may be 1 performed by the County, its third party vendors, and/or the manufacturer of the Equipment. 3.5 The County shall assume responsibility for ensuring that the Equipment has been inspected or otherwise tested in accordance with the laws of the State of California and the United States prior to use by the City. 3.6 The City shall inspect the Equipment upon initial delivery and return from County following maintenance and repair, and, by acceptance thereof, finds the Equipment in good working order and condition. 3.7 The Equipment shall be maintained and repaired solely by the County. The City and any of its third party vendors are prohibited from performing any maintenance and repairs on the Equipment. 3.8 All regularly scheduled maintenance shall be performed by the County, and the City shall timely present the Equipment to the County for the performance of regularly scheduled maintenance at the direction of, and in accordance with the policies and procedures of, the Sheriffs Department's Communications and Fleet Management Bureau. The Sheriffs Department shall make every effort to perform any maintenance in a timely manner. 3.9 Any Equipment requiring maintenance and repair by the County for any extended length of time, as determined by the Sheriffs Department's Communications and Fleet Management Bureau, may, at the sole discretion of the County, receive a temporary replacement piece of Equipment. All terms and conditions set forth herein shall apply to the City's use of any temporary replacement Equipment provided by the County. The County shall not be responsible for any damages or liability resulting from the City's loss of use of the Equipment during the performance of maintenance and repair services by the County. 4.0 INSPECTION BY COUNTY 4.1 The County shall have the right to inspect the Equipment, immediately upon request by the County, at any time during the term of the Agreement. The City shall provide the County with such operating, and other information, or copies of any such records maintained by the City with respect to the Equipment, as the County or any government agency may require from time to time. 5.0 TITLES 5.1 The County shall retain ownership of the Equipment used by the City during the term of the Agreement. Legal title to the Equipment is, and shall, at all times, remain in the name of the County. The Equipment shall not be transferred or delivered by the City to any persons other than the County without the County's prior written consent. 2 6.0 INDEMNIFICATION 6.1 The City agrees to indemnify, defend, and hold harmless the County from any and all liability, losses, or damages the County may suffer and from any claims, demands, costs, or judgments against the County arising out of City's use or operation of the Equipment. This indemnification does not extend to (1) any liability resulting from inherent defects or malfunctions in such Equipment related to manufacturer's acts or omissions, or (2) negligent or wrongful maintenance or repair of the Equipment provided by the County. RISK OF LOSS 7.1 The City shall assume all risk of loss to the Equipment from the time it is delivered by the County to the City, and inspected and accepted by the City, until (1) the Equipment is returned to the County upon expiration or termination of the Agreement, or (2) the County regains temporary possession of the Equipment for purposes of providing maintenance and repair. 7.2 Upon inspection/acceptance of the Equipment, the City shall be responsible for any and all damage to the Equipment, except those damages resulting from (1) inherent defects or malfunctions in such Equipment related to manufacturer's acts or omissions, or (2) the negligent or wrongful maintenance or repair of the Equipment provided by the County. 7.3 In the event of damage to the Equipment or the Equipment is in need of repair, the City shall notify the County to that effect and follow such instructions that the County may provide with respect to repair or disposal of the Equipment. If the Equipment is lost, stolen, destroyed, or declared to be a total constructive loss (subject to the County's agreement as to such condition), the City shall properly notify the County thereof and hold any Equipment for disposal by the County. With respect to any loss, theft, or destruction of the Equipment, the County and the City shall negotiate the value for comparable equipment in a condition similar to the lost, stolen, or destroyed Equipment immediately prior to any such loss. The City shall reimburse the County for the value of the lost, stolen, or destroyed Equipment. 8.0 BILLING RATES 8.1 As further discussed in Section 8.0, Billing Rates, of the Agreement, the City shall pay the County for the use of the Equipment provided under the Agreement at the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement, as established by the County Auditor -Controller.