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CC - Item 5C - One Year Extension of Sheriff Contract & Approval of the Tolling AgreementROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: MATTHEW E. HAWKESWORTH, ACTING CITY MANAGER DATE: JUNE 9. 2009 SUBJECT: ONE YEAR EXTENSION OF SHERIFF CONTRACT AND APPROVAL OF THE TOLLING AGREEMENT SUMMARY The current contract with the Los Angeles County Sheriff's Department is set to expire on June 30, 2009. Due to ongoing discussions between the California Contract Cities Association (CCCA) on behalf of their member cities and the County regarding the use of Liability Trust Fund money to pay for a settlement in a legal dispute, the CCCA is recommending that a one- year extension (Attachment A) be approved rather than the normal five-year contract extension. It appears that most if not all of the 40 contract cities will be approving this one-year extension until an agreement can be reached. Along with the contract extension, a separate tolling agreement (Attachment B) has been developed and signed by the CCCA along with its members who contract with the Los Angeles County Sheriff's Department. CCCA has asked that all contract cities also adopt the tolling agreement as it is directly related to the dispute regarding the Liability Trust Fund. Staff Recommendation That the City Council take two separate actions: 1) Approve the amendment of the agreement with the Los Angeles County Sheriff's Department and authorize the City Manager to sign any related documents. 2) Approve the tolling agreement between California Contract Cities Association, its members and the County of Los Angeles. FINANCIAL IMPACT The cost of contract will the County will not be amended due to the signing of this extension or the tolling agreement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Matth 'raw eswort~ t e E. H Acting City Manager Attachment: A - Contract Amendment B - Tolling Agreement ITEM NO. 1- APPROVED FOR CITY COUNCIL AGENDA: ATTACHMENT A AMENDMENT TO CITY- COUNTY LAW ENFORCEMENT SERVICES AGREEMENT The undersigned are parties to that certain CITY-COUNTY LAW ENFORCEMENT SERVICES AGREEMENT made and entered as of June 29, 2004 (the "Agreement'), a copy of which is attached hereto as exhibit A. The parties wish to amend and modify the terms of the agreement as follows: For good and valuable consideration, paragraph 6.1 of the Agreement is replaced with the following: "6.1 Unless sooner terminated as provided for herein, this agreement shall be effective July 1, 2004 and shall remain in effect until June 30, 2010." As modified by this amendment, the Agreement remains in full force and effect and remains fully binding upon the parties. IT IS SO AGREED. Dated: June_, 2009 COUNTY OF LOS ANGELES By: Its: Dated: June 9, 2009 CITY OF ROSEMEAD By: Matthew E. Hawkesworth Acting City Manager Page 1 of 1 74985 CITY-COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT, dated for purposes of reference only, , 2004, is made by and between the COUNTY OF LOS ANGELES, herein ter referred to as "County," and the CITY OF, hereinafter ROSEMEAD referred to as "City". RECITALS: (a) The City is desirous of contracting with the County for the performance of the law enforcement functions described herein by the Los Angeles County Sheriff's Department. (b) The County of Los Angeles is agreeable to rendering such services on the terms and conditions set forth in this agreement. (c) Such contracts are authorized and provided for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and Article 1, Chapter 1, Part 2, Division 1, Title 5 of the Government Code of the State of California. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1.0 CONTRACT AUTHORIZATION 1.1 The County agrees, through the Sheriff of the County of Los Angeles, to provide general law enforcement services within the corporate limits of City to the extent and in the manner hereinafter set forth. 1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff of the County of Los Angeles under the Charter of the County and the statutes of the State of California, and under the municipal codes of the City. 2.0 ADMINISTRATION OF PERSONNEL 2.1 During the term of this agreement, the Sheriff or his designee shall serve as Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City. Page 2 of 8 2.2 The rendition of the services performed by the Sheriffs Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. 2.3 In the event of a dispute between the parties to this contract as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff of the County and the City. 2.4 With regard to sections 2.2 and 2.3, the Sheriff, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto. 2.5 All City employees who work in conjunction with the Sheriffs Department pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employee as such shall become employees of the County unless by specific additional agreement in the form of a merger contract which must be concurrently adopted by the City and County. 2.6 For the purpose of performing services and functions, pursuant to this agreement and only for the purpose of giving official status to the performance thereof, every County officer and/or employee engaged in performing any such service and function shall be deemed to be an officer or employee of the City while performing such service for the City, as long as the service is within the scope of this agreement and is a municipal function. 2.7 The contracting City shall not be called upon to assume any liability for the direct payment of any Sheriffs Department salaries, wages, or other compensation to any County personnel performing services hereunder for said City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment as a contract employee of the City. 2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors, shall for purposes of this contract be read and understood to prohibit discrimination on the basis of sexual orientation. Page 3 of 8 3.0 DEPLOYMENT OF PERSONNEL 3.1 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff. 3.2 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff and indicated on a Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel form (Attachment A). 3.3 A new SH-AD 575 Deployment of Personnel form shall be authorized and signed annually by the City and the Sheriff or his designee each July 1, and attached to this contract as an amendment to the level of service and the contract sum. 3.4 Should the City request a change in level of service other than pursuant to the annual renewal, an additional SH-AD 575 Deployment of Personnel form shall be signed and authorized by the City and the Sheriff or his designee and attached to this contract as an amendment to the level of service and the contract sum. 3.5 The most recent dated and signed SH-AD 575 Deployment of Personnel attached to this contract shall be the staffing level in effect between the County and the City 3.6 The City is not limited to the foregoing services indicated in Attachment A, but may also request any other service in the field of public safety, law, or related fields within the legal power of the Sheriff to provide. 4.0 PERFORMANCE OF CONTRACT 4.1 For the purpose of performing said functions, County shall fumish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder. 4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services. 4.3 When and if both parties to this contract concur as to the necessity of maintaining a law enforcement headquarters or Sheriff s Department substation within the City which would not normally be provided by the Sheriff, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water and other utilities. 4.4 It is expressly further understood that in the event a local office or building is Page 4 of 8 maintained in said City, such quarters may be used by the Sheriff of the County of Los Angeles in connection with the performance of his duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City. 4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said City, the same shall be supplied by the City at its own cost and expense. 5.0 INDEMNIFICATION 5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as if set out in full herein. 5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 6.0 TERM OF CONTRACT 6.1 Unless sooner terminated as provided for herein, this agreement shall be effective July 1, 2004 and shall remain in effect until June 30, 2009. 6.2 At the option of the Board of Supervisors and with the consent of the City Council, this agreement may be renewable for successive periods not to exceed five years - each. 7.0 RIGHT OF TERMINATION 7.1 Either party may terminate this agreement as of the first day of July of any year upon notice in writing to the other party of not less than sixty (60) days prior thereto. 7.2 Notwithstanding any provision herein to the contrary, the City may terminate this agreement upon notice in writing to the County given within sixty (60) days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this agreement shall terminate sixty (60) calendar days from the date of the City's notice to the County. Page 5 of 8 7.3 This agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least 180 days before the date specified for.such termination. 7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 CONTRACT SUM 8.1 The City shall pay for the services provided under the terms of this service agreement at the rate established by the Auditor-Controller. 8.2 The rates indicated in the SH-AD 575, Deployment of Personnel form shall be readjusted by the County Auditor-Controller annually effective July 1, of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rate as adopted by the Board of Supervisors of County. 8.3 The City shall be billed based on the service level provided within the parameters of the SH-AD 575, Deployment of Personnel form. 8.4 The cost of other services requested pursuant to this agreement and not set forth in the SH-AD 575, Deployment of Personnel form shall be determined by the Auditor- Controller in accordance with the policies and procedures established by the Board of Supervisors of County. 9.0 PAYMENT PROCEDURES 9.1 The County, through the Sheriff of the County of Los Angeles, shall render to said City within ten (10) days after the close of each calendar month a summarized invoice which covers all services performed during said month, and said City shall pay County for all undisputed amounts within sixty (60) days after date of said invoice. 9.2 If such payment is not delivered to the County office which is described on said invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within 10 days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within 60 days after the dispute resolution is memorialized. Page 6 of 8 9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized. 9.4 Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to City of County's intention to do so. 10.0 ENTIRE AGREEMENT 10.1 This Agreement and Attachment A hereto, constitute the complete and exclusive statement of the parties which supercedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County. The Sheriff or his designee is authorized by the County to execute supplemental agreements referenced in sections 3.0, 4.3, and 9.2 of this Agreement. Page 7 of 8 AGREEMENT BETWEEN COUNTY OF LOS ANGELES & THE CITY OF ROSEMEAD WITNESS WHEREOF, the Los Angeles County Board of Supervisors has caused this Agreement to be subscribed by its Chair and the seal of such Board to be hereto affixed and attested by the Executive Officer thereof, and the City has caused this Agreement to be subscribed in its behalf by its authorized officer. COUNTY O~OjS~ANGELE By D N KNABE Chair, Board of Superviso s ATTEST:®®P VIOLET VARONA-LUKENS pi Los Executive Officer-Clerk BOARD OF SUPERVISORS COUNTY OF LOS AWXLPS Los Angeles County Board of Supervisors 132 JUN 2 9 2004 By g `'t,ri Depu Ck writwp vIEXECUTIVE OFFICER KENS 10, CITY OF ROSEMEAD By f~- CITY F ROSEMEAD, MAYOR ATTEST: City erk By/C^ _ T City Attorney APPROVED AS TO FORM: Lloyd W. Pellman County Counse CW' Senior Deputy ounty Pour/el Page 8 of 8 PAGE 1 OF 3 LOS., 4GELES COUNTY SHERIFF'S L cPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES Service Level Authorization CITY: ROSEMEAD FISCAL YEAR: 2004 - 2005 EFFECTIVE DATE: July 1, 2004 COD E SERVICES TOTAL SERVICE UNITS PURCHASED CONTRACT LAW # NEW PREVIOUS CHANGE USE ONLY DEPUTY SHERIFF SERVICE UNIT 306 40 Hour 4.0000 5.0000 r 1'.0000 307 56 Hour 9.0000 8.0000 - '-.-1.0000 z 308 70 Hour 0.0000 309 84 Hour -0:0000 310 Non-Relief 3.0000 3.0000 '-"-:0(0000 DEPUTY SHERIFF SERVICE UNIT (BONUS LEVEL) 301 40 Hour 4;0.0000 302 56 Hour <0.0000 303 70 Hour •;0.0000 r ; 304 84 Hour ' 0 0000'`` = ' 305 Non-Relief Motor Birketf/Whitham 2.0000 2.0000 -'0 0000 - 305 Non-Relief Investi atoms 2.0000 2.0000 -"0:0000 335 GROWTH DEPUTY, UNITS (Non-Relief Only) De u / No Vehicle Use - r`0 0000 358 -Deputy 336 -Deputy, B-11 No Vehicle Use f;=v0l000Oi£3f 359 Deputy, B-1 GRANT UNITS (Non-Relief Only) a,,( 383 Deputy 00000^`°'" 386 De u / No Vehicle Use -0 0000 r 384 De u B-1 Motor/Brink 1.0000 1.0000 ;ri00000 ' . 385 De u B-1 / No Vehicle Use 0000 387 Sergeant ` 's0 0000:11!+ 342 SUPPLEMENTAL POSITIONS (Non-Relief Only) Lieutenant 1.0000 1.0000 0.0000 353 Ser giant .0000]o 348 Sergeant Motor _ .00000 354 Watch Deputy 000 325 CSA 000. 327 CSA No Vehicle Use 347 Securi Officer 4 * 0001 339 Law Enforcement Tech No Vehicle Use 340 Law Enforcement Tech °''00f 0. 343 Operations Asst I .0.0000.>-02' ' 'sv. 344 Operations Asst II `0 0000; 345 O erations Asst III `010000 351 Stn Clerk II . 0:0000 a 329 Crime Analyst .0:0000 331 Custody Assistant 'ri00000 Other (Need to insect cos: on P 2) ':,D:DDDO_.. _ST.~1' R •'xn!tFatr233~1.u""w'v p. ea s olftine:Cit /Helicoert3111 ri :A reemen t ts I d cae O x.k SH-AD 575 (REV. 4/04) PLEASE COMPLETE PAGE 2. HOURS OF SERVICE 8 ESTIMATED CHA Page 2 of 3 SERVICE UNITS O PU9pHASFD LNBILITY` ®eA - i YEARLY HOURS PER SERMCEUNIT 4HANNUAL I 5 rvGOAL INUTES PERSONNEL REQUIRED DEPUTY SHERIFF SERVICE UNIT 40 Hour 517711 T`. a 706,464.00 11^^ ~.-'Trf1S 425m.0e !3"'1 fix'. 750"6.00 2088 8,352 501,120 4.6680 56 Hour ` 247964;, 9 2,231,676.00 133,900.56 OEME!Lj065 5]9:58 2920 26 280 1,576,800 14.6880 70 Hour 1$309,955V 0 0.00 ON as XSi MO:oo 3650 0 0 3.0000 84 Hour L --S375'94W! 0 0.00 0.00 6v`,:!4YW.ISR'.'-'!230.00 4380 0 0 0.0000 Non-Relief .'$161`0161' 3 463.046.00 28.982.86 MM-Z24w.'a10:e9 1778 5,334 320,040 3.0000 uua.<rxu DEPUTY SHERIFF SERVICE UNIT (BONUS LEVEL) 40 Hour 21 $187 286: 0 0.00 WE D.mY:-;Dm 2088 0 0 0.0000 56 Hour +5282 200'k D.mF.'C5S`-.23.00 2920 0 0 0.0000 70 Hour @ 5327750 o.0o ~t6`TWDIW:4V0.0o 3650 0 0 0.0000 84 Hour : 45393300`:. o.ao 3PLt-vAi' 'o.oo 4380 0 0 0.0000 Nan-Relief Malor 4170,2601 * 20131.20 1778 3556 213,360 2.0000 Non-Relief 4 t1702600 2 w 70431,20 S&!EW..?J9U~12o 1778 3556 213360 2.0000 GROWTH DEPUTY UNITS (Non-Relief Only) me ut / No Vehicle Use ' ,rP''o SiGe MOM Dan 1778 0 0 0.0000 Oe a 8 4125'445„- 0 0.00 am.",L"'a-0-xit 0.00 1778 0 0 0.0000 Deputy, B-1 / No Vehicle Use $1.17423;: 0 0.00 am S;AY'22':'aoco 1778 0 0 0.0000 me ut 5-1 « $133"251 0 0.00 am N"R4f.:S?Y:4"4'20.00 1778 0 0 0.0000 GRANT UNITS (Non-Relief Only) } De PLY 'A ay' $108.928 ` 0 0.00 Ify`x'?'g tq -Ip 000 NOW 1778 0 0 00000 De ul No Vehicle Use $106990 ^ 0 0.00 0.011 flOc'f1 1fi"ZWKo W 1778 D 0 0.0000 Deputy B-1 [ $117423:1 1 117,423.00 7,04538 iY.^4'3A'*.,12a,d68.38 1778 1,778 106,680 1.0000 Deputy B-1 No Vehicle Use { i.14`885F, 0 0.00 0.00 k'=.UtFt`> moo 1778 0 0 0.0000 Sergeant 'a $140.812N, 0 u.oo NIA 1'%;vuDo6 1778 0 0 00000 a ;z'-:asa.~.w.x. axswaRwn3rsnxw SUPPLEMENTAL POSITIONS (Nan-Relief Only) Lieutenant . 1535167 1 153,516.00 + NIA - d 3c 193.518.m 1778 1,778 106,680 1.0000 Sergeant 1 140'812 0 0.00 NIA 17t)~-.44'.943.00 1778 0 0 0.0000 Sergeant Motor ' $1148,'415 's 0 0.00 am 3'Tio"fli'G$471"h'O:OO 1778 0 0 00000 Watch Deputy S $114,834 0 0.00 0.oo 1778 0 0 00000 CSA 0 1 $46`4a2 z 1 46,482.00 3.188.92 0iP:t:11A22`40.210,02 1778 1,778 106.680 1 0000 CSA No Vehicle Use 0 338'880tn 0 0.00 am L' Sf;-Y ria"0:00 1778 0 0 0.0000 Security Officer V $69'445 G 0.00 em k';wC9'aiu-'SdL0.00 1778 0 0 0.0000 Law Enforcement Tech 7 NO Vehicle '2 '55l 1 59.454.00 3.567.24 B;s_.tpSA2i:24 1778 1]78 106680 1.0000 Law Enforcement Tech 3. 5132042;`+ 0 0.00 am :..G1 -.,0.00 1778 0 0 0.0000 Operations Asst I d $Sfi 628.:' 0 0.00 NIA :u'1.7F.Pa .x"000 1778 0 0 0,0000 Operations ASST iI 9 'r$70'174"al'- .0 0.00 NIA 1778 0 0 0.0000 Operations Asst III :k $80)357k 0 0,00 NIA 1778 0 0 0.0000 Stn Clerk 11 x 357.389z" 0 0.00 NIA G;?," .Et{1'.x.odo 1778 0 0 0.0000 Crime Analyst ° $8115553' 0 0.00 NIA: e'1.1L`-`-'19✓` DDO 1778 0 0 0.0000 Custotl Assistant ? :$66184'4 0 0.00 000 $i Sa0.0U 1778 0 0 0.0000 Other Neva In -n mssan 7 Unknovin,; 0 0.00 o.Do _vSPii-`=0.00 1778 0 0 0.0000 ESTIMATED COST FOR SERVICE UNITS" $44e1197.m LIA6ILITY®6A1 $259.65546p 1 P y i HOURS _ ,~'-'SMINUTE9~ PERSONNEL i Pay. F TOTAL ESTIMATED COST a ga 740782.48 DEPUTY 39.966 _ DEPUTY, 5-1 8,890 ~aas uBZtre€ FS6.,. y4ry~{{i;.MIN", LnsERGFCSO 1,778 ROOM- C SO 1,778 CIVILIAN 1 ]78 2,397,960 533,400 106680 06,6801 10fi 680 22.3560 5.0000 1.0000 1.0000 1.0000 LOS Ah13ELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES DEPLOYMENT SURVEY EFFECTIVE DATE: July 1, 2004 ROSEMEAD PAGE 3 OF 3 ^;.TO7AC DEPLOYMENT ,TOTAL SERVICE UNIT +`'UNITS'...: GENERAL LAW TRAFFIC LAW DEP SPECIAL D.B. TEAM ,:;UNITS PURCHASED EM DAY PM EM DAY PM MOTOR ASSIGN. LDR ASSIGNED DEPUTY, GENERALIST No-Relief `s 3 3 40 Hour ~:?•'+•'4iit• 2 2 4 56 Hour 2 2 2 1 1 1 9 70 Hour - 0. 84 Hour a.. `0'-- "~'i: 0. ~ + „"'t' r • ' DEPUTY, B-1 - . . No-Relief/Motor 2 2 r 4' 40 Hour ?-Ol" " 0 56 Hour y N4.. ~c~:"0 „i:•.~ 0 i ~0°!I 0 70 Hour 84 Hour 0 APPROVED GRANTS ~,??...l~t+;,il 0' Deputy Deputy, No-veh use ''^`••"0,: B-1, No-veh use ty t<;"t.; ;0 GROWTH DEPUTY Deputy / No Vehicle Use Deputy Deputy, B-1/No Vehicle Use mm Deputy, B-1 ~ 4 varWP;fi!JNii!r'N - -NOLicense Detail and Crossing Guard are billed on an hourly basis and billed monthly as service is REPORT PREPARED BY: UeutenannfA 18SIIV~ 1-99" DATE: April 29, 2004 APPROVED BY: Ca6W'kIC Wd-ShaW " U ~l DATE: April 29, 2004 ATTACHMENT-13 TOLLING AGREEMENT This Tolling Agreement ("TOLLING AGREEMENT') is effective, made and entered as of March 1, 2009, by and between the COUNTY OF LOS ANGELES ("COUNTY"), including its SHERIFF ("SHERIFF"), and Sheriffs Department ("LASD") on the one hand and the CALIFORNIA CONTRACT CITIES ASSOCIATION ("CCCA" the LIABILITY TRUST FUND OVERSIGHT COMMITTEE ("LTFOC") and each of the cities that contract with the COUNTY for municipal law enforcement services provided by the LASD (hereafter "CONTRACT CITIES") on the other hand. RECITALS A. The COUNTY is a duly formed, existing and operating governmental entity authorized by the Constitution of the State of California. The SHERIFF is the duly elected peace officer for the County of Los Angeles and is the chief law enforcement officer of the LASD. B. Each of the CONTRACT CITIES is a lawfully created, existing and operating public entity under the laws of the State of California, within the County of Los Angeles. Each of the CONTRACT CITIES, together with cities from other counties, are members of the COCA, which is an association created and operated for their mutual benefit and to promote the interests of its member cities. C. In the early 1970s various cities within the borders of the COUNTY entered into agreements with the COUNTY, whereby the COUNTY would provide services to the cities in exchange for payment. Included within these services were municipal law enforcement services. The form of the agreements varied by city and took the form of an ASSUMPTION OF LIABLIl'Y AGREEMENT, JOINT INDEMNITY AGREEMENT. In addition, the Cities and the COUNTY executed specific agreements whereby the LASD would provide law enforcement services. The latter agreements took the form of CITY-COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENTS. the exact terms of which varied by city. Each of the foregoing agreements were executed, and from time to time renewed, separately by each city and the County. Supplementing these agreements was a letter form Memorandum of Understanding dated May 19, 1999. All of these agreements shall be cumulatively referred to herein as THE AGREEMENTS. While the terms of these AGREEMENTS may have varied from city to city, and from time to time, the purposes and essential terms were essentially identical. D. Pursuant to the terms of the AGREEMENTS, as modified and amended over time, the parties agreed that a LIABILITY TRUST FUND would be established to pay for various expenses and losses associated with the services rendered by the LASD to the CONTRACT CITIES. A claims board was TOILING AGREEMENT Page 1 of 14 established to oversee the use of the funds for payment of claims made arising out of the services rendered by county employees to the CONTRACT CITIES known as the LIABILITY TRUST FUND CLAIMS BOARD. A committee of the CCCA was empanelled and empowered to oversee the operations of the LIABILITY TRUST FUND and to make recommendations regarding claims and operations of the LIABILITY TRUST FUND. E. In 2002 and 2003 a Sheriffs Deputy committed three known acts of sexual assault during a period when he was assigned by the LASD to provide contract law enforcement services as a contract item pursuant to one or more of the AGREEMENTS (the three known acts of sexual assault shall be referred to as the "INCIDENTS"). The term "contract item" shall have the meaning provided in the AGREEMENTS. Over the objection of the COCA, LTFOC and the LTFCB, the COUNTY withdrew funds from the LTF to reimburse itself for the costs of settling two INCIDENTS on or about March 31, 2007 and the third in or about December 2008 and advised the CCCA in March 2009 (the "WITHDRAWALS"). F. A dispute has arisen between the COUNTY, on the one hand, and the COCA, CONTRACT CITIES, and the LTFOC, on the other, with regard to who bears the responsibility under the AGREEMENTS and applicable law to satisfy the legal liability(ies), losses, expenses, settlements and costs for the criminal acts committed by Sheriffs Deputies when those acts are committed while they are assigned to provide contract law enforcement services under one or more of the AGREEMENTS, the propriety of the WITHDRAWALS and the respective obligations, if there are any, of the COUNTY and the CONTRACT CITIES to indemnify each other for losses, expenses, claims and settlements, among other things, related to the criminal acts of its employees while providing services under one or more of the AGREEMENTS. On September 27, 2007 the CCCA and the LTFOC filed a claim (the "CLAIM") with the COUNTY related to the WITHDRAWALS. (All of the foregoing shall be collectively referred to as the "DISPUTES"). G. The parties wish to provide additional time to address their DISPUTES before undertaking litigation and, therefore, enter into this TOLLING AGREEMENT the purpose of extending any and all statutes of limitation applicable to the DISPUTES, INCIDENTS, the AGREEMENTS, together with all related matters to facilitate, further investigation, discussion and the potential for resolution. Therefore, for good and valuable consideration, receipt of which is acknowledged and in further consideration of the mutual promises stated in this TOLLING AGREEMENT, the parties agree as follows: AGREEMENT In consideration for the promises contained herein, the parties hereto agree that the period of time between March 1, 2009 and June 30, 2009 or until new CITY-COUNTY TOLLING AGREEMENT Page 2 of 14 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENTS go into effect between the County and the Contract Cities, whichever date is sooner, shall not be' included in determining or calculating the applicability of any statute of limitation, laches, or any other defense based on the lapse or passage of time in any action or proceeding brought by, filed or asserted by the CCCA, the LTFOC or CONTRACT CITIES, or any of them, based upon any claims arising out of or related to the AGREEMENTS, INCIDENTS, THE CLAIM or the DISPUTES. Nothing in this TOLLING AGREEMENT shall operate to prevent, hinder, or otherwise bar the COUNTY from asserting that claims relating to the INCIDENTS filed by one or more of the parties were untimely, and/or that late claim relief is required and/or was not obtained. Without acknowledging that a claim or further claim is required, nothing herein shall prevent or restrict the rights of the CCCA, LTFOC or the CONTRACT CITIES from filing any claim with the COUNTY. 2. The COUNTY acknowledges and agrees that the CCCA, the LTFOC and the CONTRACT CITIES, and each of them, are justifiably and reasonably relying upon the terms and conditions set forth in this TOLLING AGREEMENT in not filing legal suit or otherwise initiating legal proceedings with regard to the DISPUTES. 3. Nothing herein shall prevent the filing of an action or suit by the CCCA, the LTFOC or CONTRACT CITIES prior to the Termination Date, provided, however, that sixty (60) days advance notice that a party or city intends to file shit shall be given to the COUNTY, however no such notice is necessary during the last sixty (60) days of the tolling period. Nothing herein is intended to foreshorten or limit the amount of time provided by law for the bringing of suit, claims, causes of action or other proceedings by the CCCA, CONTRACT CITIES, or any of them, or the LTFOC nor shall it extend or revive any claims for which the applicable statute of limitation has run. The intent of this agreement is to exclude the time period during which this TOLLING AGREEMENT is in effect from the calculation of the time within which an action on the DISPUTES must be filed. 4. In the event that the AGREEMENTS, or any of them, are extended, renewed, amended, modified or restated, such action shall not be deemed a waiver of any right, claim, cause of action or defense and the same shall not be considered ratification with respect to the DISPUTES. 5. The parties expressly agree and warrant that the rights, benefits and obligations provided by this TOLLING AGREEMENT shall inure to the benefit of all the CONTRACT CITIES, and each of them, and the LTFOC regardless of whether or not they execute the TOLLING AGREEMENT and each them shall be deemed a direct and third-party beneficiary of this TOLLING AGREEMENT. This agreement shall be effective upon execution by the COUNTY and the CCCA, whether or not executed by the CONTRACT CITIES, or any other party to this agreement. 6. Any notice given under this agreement shall be served via U.S. Mail or Overnight Carrier, as follows: TOLLING AGREEMENT Page 3 of 14 To CCCA: California Contract Cities Association Attn: Sam Olivito 8119 Somerset Blvd. Paramount, California 90723 With a copy to: William Litvak, Esq. DAPEER, ROSENBLIT & LITVAK, LLP 11500 W. Olympic Blvd., Suite 550 Los Angeles, California 90064 To LTFOC: Curtis Morris, Chair Liability Trust Fund Oversight Committee 243 E. Fourth St. San Dimas, Ca 91773 To CONTRACT CITIES: c% Sam Olivito 8119 Somerset Blvd. Paramount, California 90723 To COLA: County of Los Angeles Attn: Roger H. Granbo Assistant County Counsel 648 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 90012 To the SHERIFF: Sheriff Leroy Baca 4700 Ramona Blvd. Monterey Park. California 91754 With a copy to: Capt. Edward F. Rogner 4700 Ramona Blvd. Monterey Park, California 91754 Any party may change the address to which it should be given notice by giving written notice of the change of address to the other party and its counsel at the above addresses. Such written notice will be sent by certified mail, return receipt requested. 7. This TOLLING AGREEMENT comprises the entire agreement of lire parties with respect to the tolling of the statute of limitation as specified in paragraph 1, above, and the doctrine of laches; and this TOLLING AGREEMENT may be extended, modified, amended, or supplemented only by a written instrument signed by all of the parties who TOLLING AGREEMENT Page 4 of 14 have executed this TOLLING AGREEMENT. Nothing herein shall limit the rights of the parries to modify or extend the termination date if done so in writing. 8. During the term of this TOLLING AGREEMENT, and for a period of not less than 180 days following the final resolution of the DISPUTES, no patty to this TOLLING AGREEMENT shall destroy, or cause or permit to be destroyed, any documents or tangible things in the possession, custody or control that refers or relates to the AGREEMENTS. INCIDENTS or the DISPUTES 9. Neither the terms of this TOLLING AGREEMENT, nor its execution by any party, shall be construed as an admission of liability and shall not inure to the prejudice any of the parties to this TOLLING AGREEMENT, including but not limited to the issue of the commencement or running of any applicable statue of limitations or the merits of any potential claim or defense. 10. The parties agree that neither this TOLLING AGREEMENT, nor its terms shall be admissible in any trial or other civil proceeding except as may be required in connection with its enforcement or as is relevant to any issue of the timeliness of the filing of such action or proceeding or as otherwise ordered of court. 11. Each undersigned party represents, warrants, and states that all legal action necessary for the effectuation and execution of this TOLLING AGREEMENT has been validly taken and that the individuals whose signatures appear below on behalf of each party are duly authorized to execute this TOLLING AGREEMENT on behalf of their respective parties. The individuals executing this TOLLING AGREEMENT acknowledge, represent and warrant that they have notified any and all insurance carriers or indemnitors which have or may have obligations to provide coverage or indemnity for any claims arising out of the AGREEMENTS, INCIDENTS or the DISPUTES. The persons executing this TOLLING AGREEMENT on behalf of The COUNTY, including the LASD and the SHERIFF, represent and warrant that they have the authority to do so and to bind their respective entities. 12. The recitals are made part of this TOLLING AGREEMENT. 13. This TOLLING AGREEMENT shall be construed under the laws of the State of California and shall not be interpreted with regard to who prepared the TOLLING AGREEMENT and shall be interpreted as though all parties participated equally in its preparation. 14. This TOLLING AGREEMENT shall be binding upon any successors-in-interest and permitted assigns of each party to this TOLLING AGREEMENT. Nothing in this paragraph shall create any rights enforceable by any person not a parry to this TOLLING AGREEMENT, except as provided above, and except for the rights of the successors-in- interest and assigns of each party to this TOLLING AGREEMENT, unless such rights are expressly granted in this TOLLING AGREEMENT to other specifically identified persons. TOLLING AGREEMENT Page 5 of 14 15. This TOLLING AGREEMENT may be executed in counterparts, which taken together shall constitute one agreement. Fax signatures shall be effective upon transmission and the received fax copy shall be treated as though they were originals bearing original signatures. IT IS SO AGREED. Dated: March 2009 Dated: March-. 2009 Dated: March , 2009 [Signatures continued on following pages] COUNTY OF LOS ANGELES By: Its: CALIFORNIA CONTRACT CITIES ASSOCIATION By Sam Olivito Its: Executive Director LIABILITY TRUST FUND OVERSIGHT COMMITTEE By: Its: TOLLING AGREEMENT Page 6 of 14 01/1712003 14:1) FAX In o) i!oo l 15. fhis'I'ili ~.lNG Al.ll(k! \11'~I' may be caxjWd in cuumcr an, Bob twkcrt iu,:vliu:r shall conmlhtr(c win agram~nt. Fax si~llmurc..hall be Of4c:ive t1rur. Inc;misshi.l a+:C Lhc ro[eivcli tax ct,py :hail Ix: iml:Ud 8s tloc(!h Ihc:r tvc:c ari¢inalr. b_:tr•;ng erghatl m 71861.."cs. I:' IS 50 AGIMED. ('0UNTY..'Xi LOS i1N(iGLI S it f1 Gln~,~.Y.<-•r- C):tlat'.; ;LiarcllL 2M9 ri.:_...: Lr i CON IIS: YaiS anC Caanty^aunsel C ALIFOR\IA Cljl~ fr(A("I' IRS .1SSOCIATIO\ Ikdcd: March__ 2000 rNord: Mandl 2009 R}• Sam O6attc IIF: tixt:otolvc Oirc,a„r LIABILITY TRUST I-IND OVI;R$IGllf COmmi1'f'lu fly: llC: i `{(2alliila'ti t'{I:ItiP+trrl rn tAii-•a ilt isylt:b; I•::rr G n;' 1 73/28120139 18:04 5626339i55 ?AGE 0:%02 15• This T'i rLL;Nr'; .;-,iZr!;,ib:PiT rmy is cseC:atd in W,1rrcg)L-t?, w'i ch rdkcn tvge4jer the g: :CCt•%•r+ .:iuL'C e;^e; ~arwn^rr, P ir;T3lert3 $:NI! ba eEectivo upon tranutilaslor: and the I}:.c 2n~:r ajrii~ CC lrcl:Mi a3 du signa;u::;,. Hugh r5ey wsre originals bearing onginai i:NTY• OF :OS ANGELES Dated: Mrarcc !Is CAUro%N-14 Cora. AC r CMES nssuclsTlo~ Dates nr,~.: , 1 _ Sam OIe., L'xecUlire 7:tYCMr L)A91:,ITY' ,RT!$T CC; 4i M I't7F,E Dated: Mare` cSttmantres urai::acc I: r;;trwi '3 ~~z'"si By: -OLMNr ,"I FIND OVERSIGHT thin-2F,-aM- 9 Oy:.°SHM Fremi 56263.: TG:OPL ! LF Peae:M- R-4A% 03/29.2009 1::3: 9095932250 LANG MORRIS LOBELLO PAGE 02!02 15. This TOLLING AGREEMENT may be executed in counterparts. which taken together shall constitute one agreement. Fax signatures shall be effective upon transmission and the received fax copy shall be treated as though c).ey were originals bearing original signatures. IT IS SO AGREED. COUNTY OF LOS ANGELES Dated: March 2009 Its: CALIFORNIA CONTRACT CITIES ASSOCLITION Dated: March 2009 By Sam Olivito Its: Executive Director LIABILITY TRUST FUND OVERSIGHT COMMITTEE Dated: Match LISO 2009 By: Its: ~i1✓ [Signatures continued on following pages] TOLLING AGREEMENT Page 6 of 14 MAP-29-2009 O`.':21PM From: 9095992250 IO:ORL LLP P.)~e:002 'R=95% Dated: March 2009 CITY OF AGOURA HILLS By: Its: Dated: March-, 2009 CITY OF ARTESIA By: Its: Dated: March 2009 CITY OF AVALON By: Its: Dated: March , 2009 CITY OF BELLFLOWER By: Its: Dated: March , 2009 CITY OF BRADBURY By: Its: TOILING AGREEMENT' Page 7 of 14 Dated: March 2009 CITY OF CALABASAS By: Its: Dated: March-, 2009 CITY OF CARSON By: Its: Dated: March. 2009 CITY OF CERRITOS By: Its: Dated: March 2009 CITY OF COMMERCE By: Its: Dated: March,_, 2009 CITY OF COMPTON By: Its: TOLLING AGREEMENT Page 8 of 14 Dated: March-, 2009 CITY OF DAIMOND BAR By: Its: Dated: March_:_, 2009 CITY OF DUARTE By: Its: Dated: March , 2009 CITY OF HAWA MIN GARDENS By: Its: Dated: March 2009 CITY OF HIDDEN HII,LS By: Its: Dated: March 2009 CITY OF INDUSTRY By: Its: H TOLLING AGREEMENT Page 9 of 14 Dated: Mares , 2009 CITY OF LA CANADA FLINTRIDGE By: Its: Dated: March 2009 CITY OF LA HABRA HEIGHTS By: Its: Dated: March 2009 CITY OF LAKEWOOD By: Its: Dated: March 2009 CITY OF LA MIRADA By: Its: Dated: March 2009 CITY OF LANCASTER By: Its: H TOLLING AGREEMENT Page 10 of 14 Dated: March . 2009 CITY OF LA PUENTE By: Its: Dated: March , 2009 CITY OF LAWNDALE By: Its: Dated: March , 2009 CITY OF LOMITA By: Its: Dated: March , 2009 CITY OF LYNWOOD By: Its: Dated: March. 2009 CITY OF MALIBU By: Its: Dated: March 2009 CITY OF NORWALK By: Its: TOLLING AGREEMENT Page 11 of 14 Dated: March , 2009 CITY OF PALMDALE By: Its: Dated: March , 2009 CITY OF PARAMOUNT By: Its: Dated: March , 2009 CITY OF PICO RIVERA Its: Dated: March . 2009 CITY OF RANCHO PALOS VERDES By: Its: Dated: March , 2009 CITY OF ROLLING HILLS By: Its: Dated: March , 2009 CITY OF ROLLING HILLS ESTATES By: Its: TOLLING AGREEMENT Page 12 of 14 Dated: March 2009 CITY OF ROSEMEAD By: Its: Dated: March 2009 CITY OF SAN DIMAS By: Its: Dated: March 2009 CITY OF SANTA CLARITA By: Its: Dated: March 2009 CITY OF SOUTH EL MONTE By: Its: Dated: March 2009 CITY OF TEMPLE CITY By: Its: Dated: March 2009 CITY OF WALNUT By: Its: TOLLING AGREEMENT Page 13 of 14 Dated: March , 2009 CITY OF WEST HOLLYWOOD By: Its: Dated: March , 2009 CITY OF WESTLAKE VILLIAGE By: Its: 'POLLING AGREEMENT Page 14 of 14