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LAC Municipal Law Enforcement Services 78i97 0-ezrG, MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF RANCHO PALOS VERDES TABLE OF CONTENTS SECTION TITLE PAGE RECITALS............................................................................................................. 2 1.0 SCOPE OF SERVICES 2 2.0 ADMINISTRATION OF PERSONNEL................................................. 3 3.0 DEPLOYMENT OF PERSONNEL......................................................... 4 4.0 PERFORMANCE OF AGREEMENT.................................................... 6 5.0 INDEMNIFICATION 6 6.0 TERM OF AGREEMENT 7 7.0 RIGHT OF TERNIINATION 7 8.0 BILLING RATES............................................ 8 9.0 PAYMENT PROCEDURES 8 10.0 NOTICES 9 11.0 AMENDMENTS ................................................................... 10 12.0 AUTHORIZATION WARRANTY 10 13.0 ENTIRE AGREEMENT 10 SIGNATURES....................................................................................................... 11 ATTACHMENT A: Los Angeles County Sheriff's Department SH-AD 575 Deployment of Personnel Form 78197 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF RANCHO PALOS VERDES This Municipal Law Enforcement Services Agreement (hereinafter referred to as "Agreement") is made and entered into this 'dayof �� 2014 byand � ) , between the County of Los Angeles (hereinafter referred to as "County") and the City of Rancho Palos Verdes(hereinafter referred to as "City"). RECITALS A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriff's Department (hereinafter referred to as "Sheriffs Department"); and B. Whereas, the County is agreeable to rendering such municipal law enforcement services on the terms and conditions set forth in this Agreement; and C. Whereas, such municipal law enforcement services agreements are authorized and provided for by the provisions of Section 561/2 and 563/4 of the County Charter and California Government Code Section 51301. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows: 1.0 SCOPE OF SERVICES 1.1 The County, by and through the Sheriffs Department, agrees to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement. 1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriffs Department under the County Charter, 2 State of California statutes, and the City municipal codes. 1.3 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff. 2.0 ADMINISTRATION OF PERSONNEL 2.1 During the term of this Agreement, the Sheriff or his designee shall serve as 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 Sheriffs Department and the City. 2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriffs Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto. 2.5 All City employees who work in conjunction with the Sheriffs Department pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted 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, and not to establish an agency relationship, every County employee engaged in performing any such service and function shall be deemed to be an officer of said 3 City while performing service for said City, which service is within the scope of this Agreement and is a municipal function. 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 performance under this agreement. 2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors, shall for purposes of this Agreement be read and understood to prohibit discrimination on the basis of sexual orientation. 3.0 DEPLOYMENT OF PERSONNEL 3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriffs Department and indicated on 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 City, or its designated City representative, shall meet with its respective Sheriffs Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriffs Department Station Captain regarding the method of deployment for such services. The Sheriffs Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City. 3.3 The Sheriffs Department shall make every attempt to avoid deployment deficiencies (i.e., "busting" of cars) which may cause impairments in the consistent delivery of services. Should the Sheriffs Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriffs Department shall promptly notify City of this change in advance. In the event that prior notice is not possible, City shall be notified of the change within two City business days. If monthly service 4 compliance falls below ninety-eight percent (98%), then the Sheriffs Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution. If the quarterly and/or year-to-date (September 30th, December 31st, March 31st, and June 30th) service compliance falls below ninety-eight percent (98%), then the respective Sheriffs Department Division Chief shall meet with the Sheriffs Department Station Captain and City to discuss compliance and identify a plan for resolution. If City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriffs Department Assistant Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may include, but is not limited to,the use of overtime and/or staffing adjustments at no additional cost to the City, and/or City-initiated service suspensions. If the City determines it is unnecessary, City may waive either dispute resolution process discussed above. 3.4 A new Attachment A, Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee each July 1, and attached hereto. 3.5 Should the City request a change in level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto. 3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff s Department SH-AD 575 Deployment of Personnel Form, of this Agreement shall be the staffing level in effect between the County and the City. 3.7 The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel Form, of this Agreement. 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 a revised Attachment A, Los Angeles County Sheriffs Department SH-AD 575 Deployment of Personnel Form, under the 5 procedures set forth in Paragraphs 3.4 and 3.5 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, 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 Sheriffs Department, 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 Sheriffs Department 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 6 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 Assumption of Liability Agreement and/or Joint Indemnity Agreement, and the City executes the revised agreement; the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 6.0 TERM OF AGREEMENT 6.1 The term of this Agreement shall be from July 1, 2014 through June 30, 2019, 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 Paragraph 6.2 above. The parties shall reach an agreement as to the terms of any renewal or extension period no later than six (6) months prior to the expiration of this Agreement. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then- existing term. 7.0 RIGHT OF TERMINATION 7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than sixty (60) calendar days prior thereto. 7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this Agreement shall terminate sixty (60) calendar days from the date of the City's notice to the 7 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)calendar days before the date specified for such termination. 7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 BILLING RATES 8.1 The City shall pay the County for the services provided under the terms of this Agreement at the rates set forth on Attachment A, Los Angeles County Sheriff's Department SH-AD 575 Deployment of Personnel Form, of this Agreement, 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, of this Agreement 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, of this Agreement. 8.4 The cost of other services requested pursuant to Paragraph 3.7 of this Agreement and not set forth in Attachment A, Los Angeles County Sheriffs Department SH- AD 575 Deployment of Personnel Form, of this Agreement 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 Sheriffs Department, shall render to said City within ten (10) calendar days after the close of each calendar month a summarized invoice which covers all services performed during said month, and said City shall pay 8 County for all undisputed amounts within sixty (60) calendar 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) calendar 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) calendar days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty(60) calendar days after the dispute resolution is memorialized. 9.3 Interest shall be at the rate of ten percent(10%) per annum or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized. 9.4 Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to the City of the County's intention to do so. 10.0 NOTICES 10.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party. 9 10.2 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#: 10.3 Notices to City of shall be addressed as follows: City of Rancho Palos Verdes Attn: Deputy City Manager Address: 30940 Hawthorne Boulevard, Rancho Palos Verdes CA 90275 Phone #: (310) 377-0360 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 hereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 11.0,Amendments, of this Agreement. 10 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF RANCHO PALOS VERDES 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. ,y Z roT_i1 ,,.szb.'` . r < ** �:; COUNTY OF LOS ANGELES 0 2,1e* ',iv,' ea -,P , 4' '5 • X4,, ., 4- a, ff.-,r; . • By k 77/4.4 •%0,07,7,4104.4i," _- :k MICHAEL ANTONOVICH ;;�. a,, Chair Pro Tern, Board of Supervisors ATTEST: :: x CALiFoittOk. SACHI HAMAI ADOPTED Executive Officer-Clerk r r r• n r7 r'''2 77.11 f��' e' � 1 Boar Supervisors By #41 VAI 2. 2914 Deputy r CITY OF RANCHO PALOS - ESAC H I A. 1--4ki EXECUTIVE GFT-1 By �N�r1 1 illiayor ATTEST: i„, By 14 .. -. J - City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: JOHN F. KR.ATTLI CITY ATTORNEY o i. Co el A . I ' id . f2 .1.moi_ By Senior Deputy il,,ty Counsel 11 1 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES DEPLOYMENT SURVEY EFFECTIVE DATE: 7/1/2013 City: -_ Rancho Palos Verdes DEPLOYMENT TOTAL UNITS GENERAL LAW TRAFFIC LAIN TOTAL UNITS SERVICE UNIT PURCHASED MOTOR SPECIAL TEAM ASSIGNED EM DAY PM EM DAY PM DEP ASSIGN °'B' LEADER DEPUTY,GENERALIST 40 Hour 0 0 56 Hour 8.5621 1.43 3.26 3.87 8.56 70 Hour 0 0 Non-Relief 1.5 0.75 0.75 1.5 Motor 0.6 — 0.6 0.6 DEPUTY,BONUS I ' 40 Hour 0 0 56 Hour 0 — 0 70 Hour 0 — 0 Non-Relief 1.3793 , 1.3793 1.3793 GROWTH DEPUTY Deputy 0 _ 0 Deputy,Dedicated Veh. 0 _ 0 B-1 0 0 B-1,Dedicated Veh. 0 0 GRANT DEPUTY _ Deputy 0.6 _ 0.6 0.6 Deputy,Dedicated Veh 0.6 0.6 0.6 0 B-1,Dedicated Veh. 0 0 , REPORT PREPARED BY: DATE: APPROVED BY: _ DATE: UNI COMMAND CITY APPROVAL BY: A9/K _ DATE: CITY OFFICIAL"I certify th t I am authorized to make th commitment on behalf of the City" PROCESSED AT CLEB BY: DATE: YES NO BILLING MEMO REQUIRED AND SUBMITTED: (PERSONNEL TRANSACTION REQUEST)"PTR"REQUIRED AND SUBMITTED: ORGANIZATIONAL CHART REQUIRED AND SUBMITTED: DUTY STATEMENT REQUIRED AND SUBMITTED: SH-AD 575(REV.4/13) MINUTE PROGRAM UPDATED: Page 3