CC - Item 4E - Approval of Special Indemnity Agreement Between Contract Cities and County of Los Angeles Regarding Municipal Law Enforcement ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGE"
DATE: AUGUST 11. 2009
SUBJECT: APPROVAL OF SPECIAL INDEMNITY AGREEMENT BETWEEN CONTRACT
CITIES AND THE COUNTY OF LOS ANGELES REGARDING MUNICIPAL
LAW ENFORCEMENT SERVICES
SUMMARY
Over the past three years, the California Contract Cities Association (CCCA) and the County of
Los Angeles have been engaged in a dispute regarding the County's use of the contract cities'
Liability Trust Fund (LTF) for claims resulting from sexual assaults committed by Sheriff's
deputies while assigned to a contract city. As a result of extensive negotiations with the County,
the CCCA Legal Committee has proposed a compromise settlement of the ongoing dispute.
This proposed agreement provides that the County will be responsible for one-half of any such
settlement or judgment. The other one-half of judgment or settlement costs will be drawn from
the LTF established by the contract cities.
The proposed settlement has been approved by the County Board of Supervisors. The forty
(40) affected CCCA member agencies that contract with the Los Angeles County Sheriff's
Department for law enforcement services have adopted or are now in the process of
considering adoption of the agreement. Adoption of the agreement will ensure that the
affected cities will continue their contractual relationships with the Los Angeles County
Sheriff's Department for municipal law enforcement services.
Staff Recommendation
That the City Council accepts the proposed settlement and approves the "County-City Special
Indemnity Agreement."
BACKGROUND
The subject dispute between the contract cities and the County arose when the County
arbitrarily withdrew funds from the Liability Trust Fund ("LTF") to reimburse itself for the
settlement of three claims made against the County. The claims related to sexual assaults of
female victims by the same Los Angeles County Sheriff's deputy, an officer who had been
assigned to the Compton Sheriff's station for the purpose of providing law enforcement services.
The deputy was criminally prosecuted and convicted. The three victims filed civil suit alleging
vicarious liability as well as direct culpability against the County for the acts of the Deputy.
A dispute has arisen between the CCCA, on behalf its member cities, and the County of Los
Angeles with regard to responsibility for claims made as a result of sexual assaults by deputies
while assigned to a contract city in accordance with a Municipal Law Enforcement Services
Agreement. After efforts to resolve this dispute with the County were unsuccessful the contract
cities, including Rosemead, threatened litigation against the County seeking a judicial
ITEM NO. _WE
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
August 11, 2009
Page 2 of 2
determination with respect to the dispute. In turn, the County threatened not to extend the
cities' agreements for law enforcement services.
Negotiations between the County and the Legal Committee of the CCCA continued and
produced a compromise agreement. Based upon those negotiations, the Legal Committee has
recommended that each of the member cities of the CCCA approve the proposed Special
Indemnity Agreement to resolve the dispute with the County.
On July 6`h and July 27th the CCCA conducted meetings with representatives of the affected
contract cities, where the Legal Committee advocated support of its negotiated agreement with
the County. It was represented that the agreement must be approved by August 31, 2009 to
avoid a lapse in the Municipal Law Enforcement Services Agreement with the Los Angeles
County Sheriff's Department. Legal counsel for the CCCA indicated that if the agreement was
not approved, pursuing formal litigation against the County would be protracted and very
expensive. It did not appear that there was continued support from the affected cites to further
pursue filing of a lawsuit against the County.
The approval of the proposed Special Indemnity Agreement would supersede the ability of an
individual city, including the City of Rosemead, to initiate litigation with respect to this issue.
FINANCIAL IMPACT
There is no immediate fiscal impact relative to the approval of this agreement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Matthew E. Hawkesworth
Assistant City Manager
Attachments: County-City Special Indemnity Agreement
COUNTY-CITY SPECIAL INDEMNITY AGREEMENT
THIS AGREEMENT ("Agreement"), dated for reference purposes on the
day of 2009, is made and entered into between the County of
Los Angeles, hereinafter referred to as the "County," and the Cities identified in
Recital G below, hereinafter cumulatively referred to as the "Cities."
RECITALS
A. Cities, and each of them, and County have heretofore contracted for
the performance of law enforcement services to be provided by the County,
its officers, agents and employees, known as "Municipal Law Enforcement
Services Agreements" which contracts the parties may in the future extend,
renew and amend, and enter into other and further contracts for the
performance of such services (hereinafter referred to as "MLESA"); and
B. Cities and County have heretofore contracted for the indemnification
of the Cities by the County, utilizing the Liability Trust Fund ("LTF") for the
acts and omissions committed by the County's employees in the course
and scope of providing services under the MLESA agreements, more
particularly described as the Joint Indemnity Agreements or Assumption of
Liability Agreements (hereinafter referred to as "Joint Indemnity
Agreements") which have remained in full force and effect to the present
time; and
C. In accordance with the Joint Indemnity Agreements, the County
established the LTF, as provided in those agreements. In accordance with
the Joint Indemnity Agreements, the Cities, and each of them, are required
CCCA-COLA.SPCINDEMNTYAGR.090730.3 FIN. DOC
to pay monies into the LTF. The monies in the LTF are used to reimburse
the County for claims, losses, costs and expenses it incurs for which
indemnification is provided in the parties' MLESA and/or Joint Indemnity
Agreements; and
D. The County withdrew sums from the LTF for the purpose of
reimbursing itself for its payment of settlement of claims related to sexual
assaults committed by a deputy sheriff (Gonzales) in the years 2002 and
2003 (the "Claims"); and
E. A dispute has arisen between the parties regarding the
circumstances under which the County may utilize the funds in the LTF for
claims arising from sexual assaults committed by deputy sheriffs employed
by the County ("Sexual Assaults"); and
F. The parties desire to continue the Joint Indemnity Agreements and
MLESA agreements, as amended, modified and supplemented from time to
time. As further consideration to the Cities, the County is willing to
reimburse the LTF for a portion of the sums that are used or may be used
by it from the LTF for claims, losses, costs or expenses arising out of
certain Sexual Assaults, as defined in Section 2 below, occurring in the
performance of the MLESA agreements on the terms and in the manner
provided in this Agreement.
G. The Cities that are a party to this Agreement are as follows:
City of Agoura Hills
City of Artesia
City of Avalon
City of Bellflower
City of Bradbury
City of Calabasas
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 2
City of Carson
City of Cerritos
City of Commerce
City of Compton
City of Diamond Bar
City of Duarte
City of Hawaiian
Gardens
City of Hidden Hills
City of Industry
City of La Canada
Flintridge
La Habra Hieghts
City of La Mirada
City of La Puente
City of Lakewood
City of Lancaster
City of Lawndale
City of Lomita
City of Lynwood
City of Malibu
City of Norwalk
City of Palmdale
City of Paramount
City of Pico Rivera
City of Rancho Palos
Verde
City of Rolling Hills
City of Rolling Hills
Estate
City of Rosemead
City of San'Dimas
City of Santa Clarita
City of South El Monte
City of Temple City
City of Walnut
City of West Hollywood
City of Westlake Village
NOW, THEREFORE, for good and valuable consideration, receipt of which
is acknowledged, it is mutually agreed as follows:
AGREEMENT
1. Effective Date.
This Agreement shall be effective as of July 1, 2009. The foregoing
notwithstanding, this Agreement shall apply to any claims notice of which is first
given to the Liability Trust Fund Oversight Committee after the effective.date of
this agreement, regardless of the date of occurrence. For purposes of this
Agreement "notice" shall mean notification to the Chief Executive Officer of the
California Joint Powers Insurance Authority and the Executive Director of the
California Contract Cities Association, unless otherwise instructed in writing.
2. Indemnity by the County to the City.
CCCA-COLA.SPCINDBMNTYAGR.090730.3FIN.DOC 3
The parties agree that the maximum liability of the LTF for any losses,
claims, costs or expenses related to certain Sexual Assaults, as herein below
defined, by deputies or other peace officers in the employ of the County shall be
one-half (1/2) of any settlement, judgment or award for such assaults and the
costs of defense, including attorneys fees, for such claims or lawsuits. In the
event that a withdrawal is made by the County from the LTF for any liability
related to certain Sexual Assaults by deputies or other peace officers, as herein
below defined, the County shall reimburse the LTF, or, in the event that it has
not made a withdrawal of funds from the LTF it shall assume the responsibility to
pay from its own funds, one-half (1/2) of any amounts necessary to satisfy any
judgment, award or settlement not otherwise covered by insurance, if there is
any, together with costs of defense, including attorneys fees, under the following
circumstances:
a. A felony judgment of criminal conviction is entered in a state or federal
court based upon the same facts as the claim; and
b. The felony judgment of criminal conviction is based upon an act of rape,
sodomy, oral copulation or other sexual penetration of a person;
For purposes of calculating the amount that the County is obligated to pay
into the LTF under this Agreement, any amount paid by an insurance carrier
directly to a claimant on a claim which is subject to this Agreement shall not be
deemed to have been paid from the LTF.
For purposes of calculating the amount that the County is obligated to pay
into the LTF under this Agreement, any amount paid from the LTF on a claim
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 4
which is subject to this Agreement but which is reimbursed to the LTF by an
insurance carrier shall not have been deemed paid from the LTF.
Nothing herein creates an obligation upon the Cities, or any of them, or any
other entity to acquire, have or maintain any policy of insurance.
3. Term of and Application to Other Agreements.
This Agreement shall apply to all MLESA agreements now existing or
hereafter entered into, including amendments, renewals or other extensions
thereof. This Agreement shall serve to supplement the Joint Indemnity
Agreements with respect to the single subject matter addressed herein.
Nothing herein shall be deemed to change, modify, alter, amend, or
substitute any term, right, obligation or condition set forth in an MLESA, as
amended or modified, from time to time.
4. Termination of Service Contracts Between County and Cities.
This Agreement shall continue in effect until the last of any MLESA or
similar agreement is lawfully terminated in accordance with its terms. Such
termination shall not relieve County or City for any obligations set forth in such
MLESA agreement relating to obligations upon termination of such agreement
and this Agreement to any claims related to a Sexual Assault.
5. Release of the Claims.
The Cities and each of them hereby waive, release and relinquish any claim
they may have for the reimbursement of the sums withdrawn by the County with
respect to the Claims. The County hereby waives, releases and relinquishes any
right or claim it may have for reimbursement of any sums it has or may have
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 5
paid or incurred with regard to any Sexual Assault occurring prior to the effective
date of this Agreement.
6. Further Assurances.
Each of the parties hereto agrees to execute and deliver any and all
additional papers and documents, and to do any and all acts reasonably
necessary in connection with the performance of its obligations hereunder and to
carry out the intent of the parties hereto.
7. Non-Admission of Liability.
Each of the parties hereto agrees that nothing contained or incorporated
herein shall be deemed as an admission of liability with respect to any matter,
thing, or dispute whatsoever.
8. Entire Agreement.
This Agreement with regard to the use of LTF funds by the County for
claims arising out of Sexual Assaults, and the other agreements between the
parties referenced herein, shall constitute the entire agreement between the
parties hereto with respect to the subject matter hereof, and shall supersede all
prior and contemporaneous agreements, representations of the parties
concerning the subject matter hereof and the terms applicable thereto.
9. Amendment.
This Agreement may not be supplemented, modified or amended in any
manner, except by an instrument in writing stating that it is a supplement,
modification or amendment of this Agreement and signed by each of the parties
hereto.
CCCA -COLA.SPC I NDEM NTYAGR.09073 0.3 FIN. DOC
10. Waiver.
No waiver of any of the provisions of this Agreement shall be deemed or
constitute a waiver of any other provision, whether or not similar, nor shall any
wavier constitute a continuing wavier. No waiver shall be binding unless
executed in writing by the party making the waiver.
11. Counterparts.
This Agreement may be executed by one or more separate counterparts,
each of which, when so executed shall together constitute one and the same
instrument. A copy transmitted electronically or by facsimile shall be deemed
effective as an original.
12. Captions.
The captions appearing in this Agreement are descriptive only and for
convenience of reference. Should there be any conflict between any such caption
and the terms of this Agreement, the latter shall control and govern the
construction of this Agreement.
13. Constructions and Interpretation.
The parties have participated equally in the preparation of this Agreement,
which shall be construed and interpreted simply and fairly and not strictly for or
against any party.
14. Recitals.
The Recitals set forth in this Agreement are incorporated herein by
reference and made a part hereof.
CCCA-COLA.SPCINDEMNTYAGR.090730.3PIN.DOC 7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their fully authorized officers the day and year hereinafter set
forth.
ATTEST:
SACHI HAMAI
Executive Officer-Clerk
Board of Supervisors
By
Deputy
APPROVED AS TO FORM:
ROBERT E. KALUNIAN
Acting County Counsel
By
(Signatures continued)
COUNTY OF LOS ANGELES
DON KNABE
Chairman, Board of Supervisors
By
CCCA-COLA.SPCINDBMNTYAGR.090730.3FIN.DOC $
CITY OF AGOURA HILLS
By
MAYOR
ATTEST
By
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY
By
CITY OF ARTESIA
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPC WDEMNTYAGR.090730.3FIN.DOC
9
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF AVALON
MAYOR
CITY OF BELLFLOWER
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMN TYAGR.090730.3 P IN. DOC
1
10
CITY OF BRADBURY
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF CALABASAS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEM NTYAOR.090730.3 F IN. DOC
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CITY OF CARSON
By
MAYOR
CITY OF CERRITOS
By
MAYOR
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 12
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued
CITY OF COMMERCE
By
MAYOR
CITY OF COMPTON
By
MAYOR
CCCA-COLA.SPCINDEMNTYAGR.090730.3PIN.DOC 13
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CITY OF DIAMOND BAR
By
MAYOR
CITY OF DUARTE
By
MAYOR
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 14
CITY OF HAWAIIAN GARDENS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF HIDDEN HILLS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued) .
CCCA-COLA. SPCI NDEMNTYAGR.090730.3 FIN.DOC
15
CITY OF INDUSTRY
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
By
MAYOR
CITY OF LA CANADA FLINTRIDGE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCI N DEMNTYAGR.090730.3 FIN. DOC
16
CITY OF LA HABRA HIEGHTS
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
By
MAYOR
CITY OF LA MIRADA
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA. S PCINDEMNTYAG R.090730.3 FIN. DOC
17
CITY OF LA PUENTE
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
By
MAYOR
CITY OF LAKEWOOD
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 19
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CITY OF LANCASTER
By
MAYOR
CITY OF LAWNDALE
By
MAYOR
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 19
CITY OF LOMITA
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF LYNWOOD
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA. SPCIN DEMNTYAG R.090730.3 FIN.DOC
20
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CITY OF MALIBU
By
MAYOR
CITY OF NORWALK
By
MAYOR
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC . 21
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CITY OF PALMDALE
By
MAYOR
CITY OF PARAMOUNT
By
MAYOR
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 22
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CITY OF PICO RIVERA
By
MAYOR
CITY OF RANCHO PALOS VERDE
By
MAYOR
CCCA-COLA.SPCINDBMNTYAGR.090730.3FIN.DOC 23
CITY OF ROLLING HILLS
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
By
MAYOR
CITY OF ROLLING HILLS ESTATE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA. SPCINDEMNTYAGR.090730.3FIN.DOC
24
CITY OF ROSEMEAD
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
By
MAYOR
CITY OF SAN DIMAS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC - 25
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CITY OF SANTA CLARITA
By
MAYOR
CITY OF SOUTH EL MONTE
By
MAYOR
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 26
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CITY OF TEMPLE CITY
By
MAYOR
CITY OF WALNUT
By
MAYOR
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 27
CITY OF WEST HOLLYWOOD
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
By
MAYOR
CITY OF WESTLAKE VILLAGE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(End)
CCCA-COLA. S PCI NDEM NTYAGR.090730.3 FIN.DOC
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