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CC - Item No. 6F - Renewal of Municipal Law Enforcement AgreementROSEMEAD CITY COUNCIL STAFF REPORT TO: MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 22, 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 Sheriff's Department for another five year period. Attachment A to the Agreement includes the current Service Level Authorization and Deployment Survey forms used to calculate costs to the City in the current 2009-10 Fiscal Year Budget. Also, attached for reference is a copy of the recent County-City Special Indemnity Agreement approved in August of 2009. Staff Recommendation Staff recommends that the City Council authorize the Mayor to execute the Municipal Law Enforcement 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. Service levels, including deployment of personnel and related costs, are negotiated on an annual basis and included in the fiscal year budget. The current service and deployment levels are detailed in Attachment A. 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 with 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. APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting September 22, 2009 Page 2 of 2 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 County-City Special Indemnity Agreement LEROY p. BACA. ern.-, August 27, 2009 (110unttT of Kos ,Agnes 5hrr-0s Department Heudquurters ~q 4700 Eumanu'BnuleuArb 96nfereg 1hurk, (I ifnrnia 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 Sheriffs 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. Edward F. Rogndr, C~tfin Contract Law Enforcement Bureau 1 Jrao(Vion 0 cseruice ATTACHMENT C MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD TABLE OF CONTENTS SECTION TITLE PAGE REC ITALS 2 lA SCOPE OF SERVICES 2 2.0 ADMINISTRATION OF PERSONNEL 3 3.0 DEPLOYMENTOF 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 Sheriff s 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. 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 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 3 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 pertbrmed 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 amoral 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.j When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement'hcadyuartcrs or Sheriff's Dcparlment 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 9, 1991. Whichever of these documents the City has signed later in time is currcnily 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. 5.3 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. 63 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 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 Sheriffs Department SH-AD 575 Deployment of Personnel form shall be readjusted by the County Auditor-Controller annually effective July I 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-All 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 sha11 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 A 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 of 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 Sheriff's 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 Fat (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 SheriIl'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, 4.18.2, 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 terns, 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 1 1.0, 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: SACI-11 HAMAI Executive Officer-Clerk Board of Supervisors By Depute DON KNABE Chairman, Board of Supervisors CITY OF ROSEMEAD By CITY OF ROSEMEAD, MAYOR ATTES'T': 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 ATTACHMENT A LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES Service Level Authoriza0on CITY: ROSEMEAD PAGE I OF 3 FISCAL YEAR: 2009 - 2010 EFFECTIVE DATE: 7/1/2009 CODE SERVICES TOTAL SERVICE UNITS PURCHASED CONTRACT LAW # NEW PREVIOUS CHANGE USEONLY DEPUTY SHERIFF SERVICE UNIT 306 40 Hour 0.0000 0.0000 0.0000 307 56 Hour 12.0000 12.0000 0.0000 308 70 Hour 0.0000 0.0000 0.0000 310 Non-Relief 6.0000 5.0000 1.0000 DEPUTY SHERIFF SERVICE UNIT (BONUS LEVEL) 301 40 Hour 0.0000 0.0000 0.0000 302 56 Hour 0.0000 0.0000 0.0000 303 70 Hour 0.0000 0.0000 0.0000 305 Non-Relief 0.0000 0.0000 0.0000 GROWTH DEPUTY, UNITS (Non-Rellef Only) 335 Deputy 0.0000 0.0000 0.0000 358 Deputy with a dedicated vehicle 1.0000 2.0000 -1.0000 336 Deputy, B-1 0.0000 0.0000 0.0000 359 Deputy, &1 with a dedicated vehicle 0.0000 0.0000 0.0000 GRANT UNITS (Non-Relief Only) 383 Deputy 0.0000 0.0000 0.0000 360 Deputy with a dedicated vehicle 0.0000 0.0000 0.0000 384 Deputy B-1 1.0000 1.0000 0.0000 361 Deputy &1 with a dedicated vehicle 0.0000 0.0000 0.0000 SUPPLEMENTAL POSITIONS (Non-Relief Only) 342 Lieutenant 0.0000 0.0000 0.0000 353 Sergeant SAO 1.0000 1.0000 0.0000 348 Sergeant Motor 0.0000 0.0000 0.0000 354 Watch Deputy 0.0000 0.0000 0.0000 305 Motor Deputy 2.0000 2.0000 0.0000 326 CSA 0.0000 0.0000 0.0000 347 Security Officer 0.0000 0.0000 0.0000 340 Law Enforcement Tech 0.0000 0.0000 0.0000 343 Operations Asst 1 0.0000 0.0000 0.0000 344 Operations Asst II 0.0000 0.0000 0.0000 345 Operations Asst III 0.0000 0.0000 0.0000 351 Stn Clerk II 0.0000 O.OODO 0.0000 329 Crime Analyst - 0.000D 0.0000 0.0000 331 Custo Assistant O.000D 0.0000 0.0000 Other Need to Insert cost on P 2) 0.0000 0.0000 0.0000 ATTNi RoutineC Helicopter BillinAgreement Indicate YES NO SHAD 575 (REV. Me) HOURS OF SERVICE a: ESTIMATED CHARGES CITY: ROSEMEAD 711MMO Pe 203 EEN CE p M L:r PE ' Q.%, SP Xg Np [N COAL . : IQUMMO RYP0 GEPUrv eNEmFF aERVICE uxn 50 H0v DOD am 0.00 2OSS 0 a oa TO Haut 12 11 .00 330 19.x0 1.00m M D x920 35.Ot0 2,102.400 10w5"0 70 0 0.00 000 Man 500 3Bm 0 0 DWDo NOrt 0.l 7 70.00 60618." 181520, 1669 10.]30 0.,w 6.0000 DEPUTY 6HERFF SERVICE MIT IEONUS LEVELI 40 Mur 0 0A0 0M DW OAO MIND 0 0 D.0000 NO Nour 0.00 DOD ON M20 0 0 0.0000 70 000 Dan Oka 160 0 0 0.0000 O.W DOD -O.m +19 0 0 D0000 GROWTH WMW UNITS DemReDY0n10 - Oe 315]UIN 0 DOO 000 40D 1680 0 0 O.OOW De O A.O VtliUe $159 1 159 .W 058018 -18 A 2010 IM 1189 +06MO 1.WW &1 1150"2 0 0.00 000 0.. 0 0. OecYel61 AMh c.S!0M8 Vehicle $161834 0 DW DOD 0.00 0 0 0.0000 GRANT UNITS IN9.A.Udo.IA oe m 14x556 0 000 Oka 0an 0 0 00000 De u 'Ih Oeaic.lee vWUe $159E0 0 0DO ON 0.00 J 0 0 D0000 De u 61 $1SD652 1 150"2.00 9.DM.52 159568.52 1189 106360 10.o Oe• $16]834 0 0DO OW 0.00 0 00000 6UPPLEMENTALP TT10195 OJ. Oe[OnM 0,034017034 1x23 O5 0 Oo0 NIA am 0 0 ODWO penl 8185151 1 185.861.01 WA 1 85,31, 17M 1,703 100350 10000 S e.n+ em $IO610e. 0 000 DW LLW 170 a 0 o.WW WMCh De -$1 639 0 O.W 0.00 005 17M a 0 0.5000 Mm.rN $215573 2 0110.W X888.76 -"7015.66 17M 3,579 215.80 ZOOM CSA 861711 0 O.m 0.00 "a 170 0 a CDOm sear Omc 1257 0 O.m O.W 000 I7H 0 a O.mW Lew Ealcrcemeal T.ch $79181 0 am ON O00 160 0 0 O.W00 O ea110ni Na11 ]008.' 0 am WA - ON 1709 a 0 000. O r .Aal 11 1118,033 0 0.M NIA ON 1789 0 0 090000 1M0$MHI1 6100869 0 000 NIA ON 4759 0 0 0..00 WCI.M11 W.W2 0 O W WA am 17N C 0 Okoca Drme P.R MS 0 0TO WA . .000 1789 0 0 0MD CYMo6 mxft N 1086 0 DOD 000 0.00 1789 0 0 O.WOD DIM! Olo laen.M NlMN rduan 0 DOD WA 0.0 170 0 0 0,0000 ESTIMATED COST FOR SERVICE UMTa~ $0.0100000 - - U.aNTY®614• 13696a1R NWR3 „,II~6,, , P9Pe°^ua TOM ESTIMATED C.7 636 5 a[PY1Y 51,151 1,06B,ifi0 296860 0[PYTY, 61 1,789 101,350 10.0 vnePG.AxT 1,]09 10;340 10000 cm 0 0 O.DOW wnun a 0 O.WW LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES DEPLOYMENT SURVEY EFFECTIVE DATE: 7/1/2008 City. ROSEMEAD PAGE 3OF3 TOTAL DEPLOYMEW TOTAL SERVICE UNIT UNITS PURCHASED GEN Ees ERAL U OAY AW PM TRAFFl "A' Ply EM DAY) PM MOTOR SPECIAL ASSIGN. D.B. TEAM LOR UNITS ASSIGNED DEPUTY GENERALIST 40 Hour 0 0 56 Hour 12 2 3 4 1 1 1 12 70 Hour 0 0 Non-Relief 6 6 6 Motor 2 0 DEPUTY, BONUSI 40 Hour 0 _ 0 56 Hour 0 0 70 Hour 0 0 Non-Relief 0 2 2 GROWTH DEPUTY Deputy 0 0 Deputy, Dedicated Veh. 1 t 1 B-1 0 0 6-1, Dedicated Veh. 0 0 GRANT DEPUTY Deputy 0 0 De u , Dedicated Veh o 0 B-1 1 1 + B-1, Dedicated Veh. 0 0 an hourly basis and bflo4 mommy as seMm idId. nse8 rone"anculaimlias: (Yes) No APPROVED BY: DATE: 4 '..//s CITY APPROVAL BY: PROCESSED AT CLEB BY: DATE: V 4 _0 ey change on behalf of the City- DATE: 04- - Z7i - 6'1 6LLM6 YEYO R6CYPE6 91LE' RfiWRFII COUNTY-CITY SPECLAL INDEIVINITY AGREEMENT THIS AGREEMENT ("Agreement"), dated for reference purposes on the ILday 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.SPCINDEMMrYAOA090730.3FIN.DOC j 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 arise r 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 Bellflower City of Artesia City of Bradbury City of Avalon City of Calabasas CCCA{OLA.SPCINDE%lNnYAGR.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.SYCr,4DEhCNTYAGR090730.3FW.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. Foi 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.SPCI\'DE\C4TYAGR.090730.3FLJ.DOC 4 r, 1 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 MESA, 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.SPCINDEMNTYAGR090730.3FIN DOC 6 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.SPCINDEMN'rYAGR.090730,3 FIN.000 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. COUNTY OF LOS ANGELES DON KNABE Chairman, Board of Supervisors ATTEST: SACHI HAMAI Executive Officer-Clerk Board of Supervisors By Deputy APPROVED AS TO FORM: ROBERT E. KALUNIAN Acting County Counsel By (Signatures continued) CCCA-COLA.SPCBIMENL\'TYAGR090730.31;IN.I)OC 8 CITY OF ROSEMEAD ATTEST: y City Clerk APPROVED AS TO FORM: CITY ATTORNEY ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) By 6Z -,E-, . MAYOR CITY OF SAN DIMAS By MAYOR CCCACOLASPCIIPDENNTYAGR.090730.3FFN.DOC 25