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CC - Item 6G - Renewal of Municipal Law Enforcement AgreementROSEMEAD CITY COUNCIL STAFF REPORT TO: MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 8, 2009 SUBJECT: RENEWAL OF MUNICIPAL LAW ENFORCEMENT AGREEMENT SUMMARY The City Council will consider renewal of the Municipal Law Enforcement Agreement with the County of Los Angeles Sheriffs Department for another five year period. The Agreement provides for subsequent extensions for successive periods of up to five years each upon mutual consent of the parties. Staff Recommendation Staff recommends that the City Council authorize the Mayor to execute the Agreement to continue the City's relationship with the Los Angeles County Sheriff's Department for a period of five years. ANALYSIS The City of Rosemead has contracted with the Los Angeles County Sheriff's Department since its incorporation 50 years ago in 1959. Over the past several months, the County and 40 member cities of the California Contract Cities Association (CCCA) were engaged in negotiations over indemnification issues. Those indemnification issues were resolved by the adoption of a City-County Special Indemnity Agreement by the parties in August of 2009. FINANCIAL REVIEW Funds to cover the costs associated with this services agreement for the current 2009/10 fiscal year are included in the City's operating Budget. LEGAL REVIEW The City Attorney has reviewed and approved this agreement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment: Municipal Law Enforcement Services Agreement ITEM NO, (P L-1. APPROVED FOR CITY COUNCIL AGENDA: LEROY D. BACA, s.1E irr August 27, 2009 (111aunfi of dos ~rtz~sles ~lrerif#'s ~spttrtmsnf ~ettDyxcttrfers ; 47011 Eamana Nonleourb • ` C~l1iOtN\~ 1 nterrg ILA, (nttlifarnia 91754-2169 Mr. Jeff Allred, City Manager City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Mr. Allred, MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT RENEWAL The Board of Supervisors recently approved the new five (5) year Municipal Law Enforcement Services Agreement, which authorizes the Sheriff's Department to continue the delivery of law enforcement services to your City. Although the current Municipal Agreement expires August 31, 2009, the Board of Supervisors has authorized a 60 day time period to allow your City Councils to process and sign the attached agreements. Although the Board has allowed a 60 day time period to accomplish this process, please expedite this request as soon as possible. The Sheriff's Department will need time to complete the approval process once your agreement is signed. There are five (5) agreements which require original signatures of your Mayor. Upon completion, please contact your Sheriff Station Commander who will then forward the completed agreements to our Contract Law Enforcement Bureau. Should you have any questions or require clarification of this request, please contact myself or a member of my Contract Law Enforcement Bureau staff at (323) 526-5737. Sincerely, LEROY D. BACA, SHE rdward F. Rogndr,`C~Win Contract Law Enforcoffient Bureau `J &ruice -7r¢JVion 0 ATTACHMENT C MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD TABLE OF CONTENTS SECTION TITLE PAGE RECI TALS 2 1.0 SCOPE OF SERVICES 2 2.0 ADMINISTRATION OF PERSONNEL 3 3.0 DEPLOYMENT OF PERSONNEL 4 4.0 PERFORMANCE OF AGREEMENT 4 5.0 INDEMNIFICATION 5 6.0 TERM OF AGREEMENT 6 7.0 RIGHT OF TERMINATION 6 8.0 BILLING RATES 7 9.0 PAYMENT PROCEDURES 7 10.0 NOTICES 8 11.0 AMENDMENTS 9 12.0 AUTHORIZATION WARRANTY 9 13.0 ENTIRE AGREEMENT 9 SIGNATURES 10 ATTACHMENT A: Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel form MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD This Municipal Law Enforcement Services Agreement (hereinafter referred to as "Agreement") is made and entered into this day of , 2009 by and between the COUNTY OF LOS ANGELES, (hereinafter referred to as "County") and the CITY OF ROSEMEAD (hereinafter referred to as "City"). RECITALS Whereas, the City is desirous of contracting with the County for the performance of law enforcement services by the Los Angeles County Sheriffs Department (hereinafter referred to as "Sheriffs Department"); and Whereas, the County is agreeable to rendering such law enforcement services on the terms and conditions set forth in this Agreement; and Whereas, such law enforcement services agreements are authorized and provided for by the provisions of Section 56 1/2 and 56 3/4 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 agrees, through the Sheriff of the County of Los Angeles (hereinafter referred to as "Sheriff'), 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 Sheriff under the County Charter and the statutes of the State of California, and under the City municipal codes. 2 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 tern of this Agreement, the Sheriff or his designee shall serve as Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City. 2.2 The rendition of the services performed by the 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 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 Sheriff and the City. 2.4 With regard to Sections 2.2 and 2.3 above, 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 agreement which must be concurrently adopted by the City and the County. 2.6 For the purpose of performing services and functions, pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, 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 their duties performing law enforcement services pursuant to this Agreement. 2.7 The City shall not be called upon to assume any liability for the direct payment of any Sheriffs Department salaries, wages, or other compensation to any County personnel performing services hereunder for said City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her 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 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 Sheriff and indicated on a Los Angeles County Sheriff's Department SH-AD 575 Deployment of Personnel form, attached hereto as Attachment A and incorporated herein by this reference. 3.2 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 hereto as an Amendment to this Agreement. 3.3 Should the City request a change in level of service other than pursuant to the annual July 1 readjustment, 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 hereto as an Amendment to this Agreement. 3.4 The most recent dated and signed SH-AD 575 Deployment of Personnel form attached to this Agreement shall be the staffing level in effect between the County and the City. 3.5 The City is not limited to the services indicated in Attachment A, but the City may also request any other service in the field of public safety, law, or related fields within the legal power of the Sheriff to provide. Such other services shall be reflected in an amended SH-AD 575 Deployment of Personnel form under the procedures set forth in Sections 3.2 and 3.3 above. 4.0 PERFORMANCE OF AGREEMENT 4.1 For the purpose of performing said general law enforcement services, County shall furnish and supply all necessary labor, supervision, equipment, 4 communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder. 4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services. 4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriffs Department substation within the City which would not normally be provided by the 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 maintained in said City, such local office or building may be used by the Sheriff 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. 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 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. 53 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 AGREEMENT 6.1 The term of this Agreement shall be from September 1, 2009 through June 30, 2014, 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 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 Section 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) 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. 7.3 This Agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) 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 6 would otherwise accrue subsequent to the date of termination. 8.0 BILLING RATES 8.1 The City shall pay the County for the services provided under the terms of this Agreement at the rates set forth on Attachment A, Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel form, as established by the County Auditor-Controller. 8.2 The rates set forth on Attachment A, Los Angeles County Sheriff's Department SH-AD 575 Deployment of Personnel form shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, and attached hereto as an Amendment to this Agreement, to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors. 8.3 The City shall be billed based on the service level provided within the parameters of Attachment A, Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel form. 8.4 The cost of other services requested pursuant to Section 3.5 of this Agreement and not set forth in Attachment A, Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel form shall be determined by the Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors. 9.0 PAYMENT PROCEDURES 9.1 The County, through the Sheriff, 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 ten (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 sixty (60) days 7 W, after the dispute resolution is memorialized. 9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized. 9.4 Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) 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 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. Notices to County of Los Angeles shall be addressed as follows: Los Angeles County Sheriffs Department Contract Law Enforcement Bureau Attn: Unit Commander 4700 Ramona Boulevard Monterey Park, California 91754 Phone Fax Notices to City of shall be addressed as follows: City of Rosemead Attn: Jeffry Allred Address:8838 E. Valley Blvd., Rosemead, CA 91770 Phone 626) 569-2100 Fax (626) 307-9208 11.0 AMENDMENTS All changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by the County Board of Supervisors and an authorized representative of the City. Notwithstanding, the Sheriff or his designee is hereby authorized to execute on behalf of the County any Amendments and/or supplemental agreements referenced in Sections 1.3, 3.0, 4.3, 8.2, and 9.2 of this Agreement. 12.0 AUTHORIZATION WARRANTY 12.1 The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority. 12.2 The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation of this Agreement and that all requirements of the County have been fulfilled to provide such actual authority. 13.0 ENTIRE AGREEMENT This Agreement, Attachment A, and any executed Amendments thereto 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. MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed by the Chairman of said Board and attested by the Executive Officer-Clerk of the Board of Supervisors thereof, and the City has caused this Agreement to be executed on its behalf by its duly authorized representative. COUNTY OF LOS ANGELES By ATTEST: SACHI HAMAI Executive Officer-Clerk Board of Supervisors By Deputy DON KNABE Chairman, Board of Supervisors CITY OF ROSEMEAD By CITY OF ROSEMEAD, MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: ROBERT E. KALUNIAN Acting County Counsel By Deputy County Counsel APPROVED AS TO FORM: CITY ATTORNEY By 10