CC RES 1997-056RESOLUTION NO. 97 -56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING THAT CERTAIN
AGREEMENT ENTITLED "JOINT POWERS AGREEMENT
OF THE SELF- INSURANCE AUTHORITY FOR EFFECTIVE
RISK MANAGEMENT"
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes (the "City ")
does hereby find, determine, and declare as follows:
a. Applicable law, including, without limitation, California Government
Code Section 6500 et seq. provides that two or more public agencies may by
agreement jointly exercise any powers which are common to the contracting parties.
b. Applicable law, including, without limitation, California Government
Code Section 990.4, permits a local public entity to self- insure; to purchase
insurance through an authorized carrier; to purchase insurance through a surplus
lines broker, and /or to do any combination of the above.
C. The public interest, convenience and necessity will be best served by
the execution and implementation of the Joint Powers Agreement of the Self -
Insurance Authority for Effective Risk Management ( "SAFER ") (the "Agreement ")
which will allow the parties hereto to pool their self - insured losses; purchase excess
insurance and provide for administrative services in connection with a joint
protection program; the City Council, based upon staff reports have found that
it is economically feasible and practical for the parties to the Agreement to do so.
Section 2. The City Council hereby approved the Agreement and authorizes
the Mayor to execute the Agreement on behalf of the City in substantially the form attached
hereto as Exhibit A.
Section 3. The City Council hereby appoints Council member
John McTaggart to serve as the City's principal appointee to the SAFER Board of
Directors ( "Representative ").
Section 4. The City Council hereby appoints Council Member
Barbara Ferraro to serve as the City's Alternate Representative to serve on the SAFER
Board of Directors in the absence of the regular Representative.
Section 5. The City Council hereby appoints the California Contract Cities
Association to act as its Agent with respect to the negotiations with the County of Los
Angeles (the "County ") relating to an Indemnification Agreement by and between the City
and the County in connection with that certain City- County Law Enforcement Services
Agreement dated as of June 17, 1997. However, the delegation of negotiation authority
does not authorize CCCA to bind the City of Rancho Palos Verdes to a new indemnity
agreement. Such an agreement may only be approved by the City of Rancho Palos
Verdes by action of the City Council.
Section 6. The City Clerk is hereby directed to transmit an executed copy
of the Agreement and a certified copy of this resolution to Sam Olivito, Executive Director,
California Contract Cities Association, 10810 Paramount Boulevard, Suite 202, Downey,
California 90241.
Section 7. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of June , 1997.
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i
6
MAYOR
ATTEST:
CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 97 -56 was duly and regularly passed and adopted by the said City
Council at a regular meeting held on June 17, 1997.
RESOL. NO. 97 -56
PAGE 2
JOINT POWERS AGREEMENT
OF THE
EXECUTION COPY
SELF - INSURANCE AUTHORITY FOR EFFECTIVE RISK MANAGEMENT
(SAFER) 0
LAX2:163528.13
TABLE OF CONTENTS
PAGE
1
Section 1.
'
ec ................ ...............................
Recitals.
.
Section 2.
Definitions. ............ ...............................
4 .
Section 3.
Purpose. .....00.00 .... . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
Section 4.
Member's Warranties. . • • • • • • • • • • • • •
• • • • • • • • • • • • • • • • • • • • ' • •
Section 5.
Effective Date. Term. . . . . . . . . . . . . . . .
. . . . . . . • • • • • • • • • • • • • • • •
(a)
Effective Date. ..0.090 ... . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
7
(b)Term.
. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . oil . . . . . . . . . . . . . . . .
Section 6.
Operation. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
Section 7.
C y. ..... ...............................
Creation of Authority.
.
8
(a)
Creation. . . . . . . . . . . . . . . . . . . . . . . •
. . . . . . . . . . . . . . . . 41 . . . 41 . . ,
8
(b)
Name . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
Section 8.
'
Powers y. ...... ...............................
r of Authority.
.
1
Section 9.
Board of Directors. 0 0 . 6 9 0 9 . . . . . . . . .
. . . . . . . . . . . . . . . . . It . . . .
10
(a)
Creation. .............. . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
(b)
mbershi of Board. ..... . . . . . . . . .
Membership
41 is
. . . . . . . . . . . . . . . . . . . .
10
Section 10.
Powers r of the Board of Directors. . . . . . .
. . . . . . . • . • • . . • • • • • • • • •
12
Section 11.
'
in s of the Board of Directors. ...........................
Meetings
13
13
(a)
Meetings. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
13
(b)
Minutes. . . . . . is . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
13
(c)
Quorum. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
14
(d)
Compliance with the Brown Act.
..................
(e)
Roberts Rules of Order. 0 0 . . . . . 41 ...........................
14
14
Section 12.
County. .............. ...............................
.
Section 13.
'
r of the Authority. Officers 41 41 .. ...............................
0 Y
1
(a)
Chair, Vice Chair and Secretary. 0000.....•••••••••••••••6869.
15
(b)
Duties of Secretary. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
16
(c
Treasurer. ............. ...............................
16
(d)
General Counsel. ......... ...............................
16
Section 14.
Creation of Administrative & Claims Committee. . 0 0 0 0 . . . . . . . . . . . . .
17
Section 15.
Function of Administrative & Claims Committee. . . 0 9 . 0 0 . . . . . . . . . . .
19
Section 16.
Powers of Administrative & Claims Committee. .................. 0
19
Section 17.
Meetings of the Administrative & Claims Committee. .............. a
21
Section 18.
Administrator, . a sees Go 0 see
21
Section 19.
Appointment of Administrator. ..............................
22
Section 20.
Liability Coverage. .041 ..0 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
Section 21.
The Joint Protection Program. ...........................0000
24
Section 22.
Events of Default. ........ ...............................
27
Section 23.
Action on Default. ........ ...............................
28
Section 24.
Non - waiver. ............ ...............................
28
Section 25.
Remedies Not Exclusive. ... ...............................
29
Section 26.
Accounts and Records. ...... • . • ......................... •
29
(a)
Annual Budget. ........... ...............................
29
(b)
Funds and Accounts. ...... ...............................
29
(c)
Treasurer's Report. ....... ...............................
29
(d)
Annual Audit. ........... ...............................
30
(e)
Costs. ................ ...............................
30
Section 27.
Responsibility for Funds. ... ...............................
30
Section 28.
Responsibilities of the Authority. .......:.....................
32
Section 29.
Responsibilities of Members. . ...............................
34
Section 30.
Interim Period and Effective Date of Program. ........ • .
35
LAX2:163528.13
-ii-
(a)
Interim Period. ......... ...............................
s
35•
bbl
Effective Date. .......... ...............................
35
Section 31.
New Members. ... • • • • • • • a • • •
r
• • • • • • • • • • ' • • ' • " • • • ' • • ' • •
35
Section 32.
Withdrawal. ....... ...............................
6 0 0 6.
3
Section n 33.
Termination. ............ ...............................
3
Section 3 4.
Effect of Default, Withdrawal or Termination.
..................
. .
36
Section 35.
Termination and Distribution. . . . . .
. . . . . • • • • • • • • • • • • • a • • • • • •
7
Section 36.
Notices. .. ............ ...............................
.
Section 37.
Amendment ...............................
. . . . . . . . . . . .
Section 38.
Prohibition Against Assignment. . . .
9
. . . . . . . . . . . . . . . . . . . . . . .
41 41 11
39
Sect o n 39.
A Completes • • • • • • • • •
Agreement P •
• • • • • • • • • • • • • • • " • • • • ' • ' • •
4
Section 40.
Counterparts . ............ . . . .
. . . . . . . . . . 11 10 41 41 . . . . . . . . . . . . .
4
LAX2:163528.13
JOINT POWERS AGREEMENT
OF THE
SELF - INSURANCE AUTHORITY FOR EFFECTIVE RISK MANAGEMENT
(SAFER)
This Joint Powers Agreement ( "Agreement ") of the Self- Insurance Authority
-- for Effective Risk Management (SAFER) ( "Authority ") is made and entered into by
and among the public entities (collectively, "Members ") who are signatories to this
Agreement, pursuant to Section 6500 e.. t seq. of the Government Code and other
applicable law;
WITNESSETH:
The parties to this Agreement do agree as follows:
Section 1. Recitals. This Agreement is made and entered into based upon
the following facts:
(a) Applicable law, including, without limitation, California Government
Code Section 6500 et sec, provides that two or more public agencies
may by agreement jointly exercise any powers which are common to
the contracting parties; and
LAX2:163528.13
(b) Applicable state law, including, without limitation, California
Government Code Section 990.4, permits a local public entity to
self- insure; to purchase insurance through an authorized carrier; to
purchase insurance through a surplus lines broker, and /or to do any
a- combination of the above; and
(c) Local governmental agencies may, pursuant to Section 990.8 of. the
Government Code, by entering into a joint powers agreement, provide
insurance for any purpose by any one or more of the methods referred
to above; and
(d) The legislative bodies of each of the public entity parties to this
Agreement have determined as to those public entities, that the public
interest, convenience and necessity will be best served by the
execution and implementation of this Agreement which will allow the
parties hereto to pool their self- insured losses; purchase excess
insurance and provide for administrative services in connection with a
joint protection program; the legislative bodies of the Members, based
upon staff reports have found that it is economically feasible and
practical for the parties to this Agreement to do so.
LAX2:163528.13 - 2 -
a Section 2. Definitions. The following words and phrases as used in this
Agreement shall have the following meanings ascribed to them, unless the context
clearly otherwise requires:
(a) "Administrative & Claims Committee" shall mean the committee of
the Authority created pursuant to Section 14 hereof.
(b) "Administrator" shall mean the entity appointed to perform the
administrative function for the Authority including the evaluation and
management of claims and settlement of claims of less than
$100,000 or such other amount as may be established by the
Administrative and Claims Committee. •
(c) "Agreement" shall mean this Joint Powers Agreement, as it now
exists or may hereafter be lawfully amended.
(d) "Authority" shall mean the public entity created pursuant to Section 7
• of this Agreement.
(e) "Board of Directors" or "Board" shall mean the governing body of the
Authority.
LAX2:163528.13 -3-
(f) "CCCA" shall mean the California Contract Cities Association.
(g) "Claims" shall mean claims or demands made against a Member or the
County or both arising out of occurrences which are within the
-- Authority's joint protection program as approved by the
Administrative & Claims Committee.
(h) "County" shall mean the County of Los Angeles.
(i) "Excess Insurance" shall mean insurance coverage purchased on
behalf of the Authority to protect the funds of the Authority against
catastrophes or an unusual frequency of losses during a single year.
(j) "Fiscal Year" shall mean that period of twelve (12) months
commencing on July 1st of each year occurring during the term of
this Agreement.
(k) "Indemnification Agreement" shall mean that agreement entered into
by and between each Member and the County replacing the terms of
the existing "Assumption of Liability Agreement ", as more fully
described in Section 12 hereof.
LAX2:163528.13 -4-
(I1 "Insurance" shall mean any commercial insurance contract.
(m� "Joint Protection Program" shall mean and include, without limitation,
all of the following as adopted, followed, practiced, or approved by
.- the Administrative and Claims Committee:
i. the Authority's process for accepting, rejecting, adjusting,
defending and paying claims;
ii. the Authority's statement or memorandum of coverage of
liability claims;
the Authority's formula or process for calculating deposits
Members are obligated to pay to the Authority;
iv. the level of risk pooled by the Members in the Authority; and
V. the type, cost and limits of purchased insurance.
(n) "Liability Coverage" shall mean self- insurance through a funded
program and may include a commercial insurance contract.
LAX2:163528.13 -5-
(o) "Member" shall mean a public agency which is a party to this
Agreement, collectively "Members ". The names of Members who are
initial signatories to this Agreement are set forth on Appendix "A ",
attached hereto.
(p) "SCJPIA" shall mean the Southern California Joint Powers Insurance
Authority, as that entity now exists or shall hereafter be renamed.
(q) "Secretary" shall mean the Secretary of the Board elected by the
Members.
Section 3. Purpose. The Members have entered into this Agreement .
pursuant to applicable law in order to:
(a) Provide comprehensive and economical liability coverage; and
(b) Reduce the frequency and severity of claims against the Members and
• 9
• thereby reduce costs; and
(c) Provide more effective risk management policies and practices.
LAX2:163528.13 - 6-
Section 4. Member's Warranties, Each Member warrants to each other
Member:
(a) That it had the legal authority to enter into this Agreement; and
(b) That it took all necessary steps required to duly authorize the
execution of this Agreement on behalf of such Member; and
(c) That this Agreement shall be binding and in full force and effect as to
each such Member; and
(d) That it will act in good faith and deal fairly with the other Members.
Section 5. Effective Date. Term.
(a) Effective Date. This Agreement shall be effective on and after the
date of execution hereof by the last of twenty -seven (27) Cities.
(b) Term. The term of this Agreement shall continue until it is terminated
as provided in Section 35 hereof.
LAX2:163528.13 -7-
Section 6. Operative Date.
This Agreement shall be operative on and after the execution of an
Indemnification Agreement by and between each Member and the County of Los
Angeles, provided, however, that in no event shall this Agreement become
operative prior to the Effective Date of this Agreement.
Section 7. Creation of Authority,._ Name.
(a) Crea i n. Pursuant to Section 6500 et spg. of the California
Government Code, and other applicable law, the Authority is hereby
created as a public legal entity separate and apart from the Members.
(b) Name. The name of the Authority shall be the "Self- Insurance
Authority for Effective Risk Management" (SAFER).
Section 8. Powers of Authority.
(a) The Authority shall have the powers referred to herein expressly, or
which arise by implication from the terms of this Agreement, and the
Authority is hereby authorized to exercise all powers necessary,
LAX2:163528.13 - 8 -
a
convenient or required to implement this Agreement, including, but
not limited to, any or all of the following:
(1) To make and enter into contracts; and
(2) To incur debts, liabilities or obligations; and
(3) To acquire, receive and hold or dispose of real and /or personal
property, including, but not limited to, contributions and
donations of property, funds, services and other forms of
assistance from persons, firms, corporations and governmental
entities; and
(4) To sue and be sued in its own name; and
(5) To exercise all express and implied powers necessary,
convenient and proper to carry out the terms and provisions of
this Agreement, or otherwise authorized by law.
(b) Powers provided for herein shall be exercised pursuant to the terms of
this Agreement and in a manner consistent with applicable law.
(c) In accordance with Government Code Section 6509, the powers of
the Authority shall be exercised in the manner prescribed in the Joint
Exercise of Powers Act, Government Code Sections 6500 et seq., as
that Act now exists and may hereafter be amended, and shall be
LAX2:163528.13 -9-
subject to the restrictions upon the manner of exercising such powers
that are imposed upon the City of Lakewood, California, in the
exercise of similar powers.
-- Section 9. Board of Directors.
(a) Creation. There is hereby created a Board of Directors ( "Board ")
which shall act as the governing body of the Authority.
(b) MembershiI2 of Board._ Representatives shall be appointed to serve on
the Board in accordance with the following:
(1) Regular Representatives. Each Member shall designate and
appoint, from time to time, a person who is a member of its
elected legislative body in good standing, who shall be that
Member's principal appointee to the Board ( "Representative ").
Persons so appointed shall automatically be deemed to have
vacated office as a member.of the Board should that person, for
any reason, cease to be a member of the elected legislative
body of the appointing Member.
LAX2:163528.13 -10-
(2) Alternate Representatives. Each Member shall designate and
appoint a person as an alternate representative to serve on the
Board in the absence of the Regular Representative of that
Member. Persons so appointed by the legislative body of each
Member shall be an officer or employee of the Member. An
alternate representative shall be seated and authorized to act as
a member of the Board only when the Regular Representative of
that Member is not present and acting as a member of the
Board.
(3) Limitation on Agoointment. Persons appointed as Regular or
Alternate Representatives to the Board shall serve at the
pleasure of the legislative body of the appointing Member.
(4) Votin4• Persons seated on the Board shall be entitled to cast a
vote on matters pending before the Board, only if such person
is physically present at the meeting of the Board.
(5) Participation of Alternates. An Alternate Representative may
participate in the proceedings of the Board only in the absence
of that Member's Regular Representative.
LAM: 163528.13 - 1 1 -
(6) Notice of Change of Representative. A Member shall give
notice to the Authority of a change in the Regular or Alternate
Representative by a notice to be given as set forth in Section
36 hereof.
(7) Proxy Voting. No absentee ballot or proxy shall be permitted.
Section 10. Powers of the Board of Directors. The Board of Directors of the
Authority shall have the following powers and functions:
(a) The Board shall review, modify as necessary, and thereafter adopt the
annual operating budget of the Authority, including the Joint
Protection Program and the amount of Member's deposits, as
submitted by the Administrator.
(b) The Board shall receive and review periodically, audits of all funds of
the Authority.
(c) The Board may review all acts of the Administrative & Claims
Committee, and shall have the power to modify and /or override any
decision or action of the Administrative & Claims Committee upon a
majority vote of the entire Board.
LAX2:163528.13 -12-
f
(d) The Board shall have the authority to remove and replace the
Administrator upon a majority vote of the entire Board.
(e) The Board may adopt by -laws to the extent not inconsistent herewith.
Section 11. Meetings of the Board of Directors.
(a) Meetings. The Board shall hold at least one meeting in each fiscal
year at a time and place to be determined by the Administrative and
Claims Committee. A majority of the Board may call a special
meeting.
(b) Minutes. The Secretary of the Authority shall cause minutes of all
meetings to be kept and shall, as soon as practicable after each
meeting, cause a copy of the draft minutes to be forwarded to each
member of the Board and to each Member.
(c) Quorum. A majority of the members of the Board shall constitute a
quorum for the transaction of business, except that less than a
quorum may adjourn from time to time. A vote of the majority of
those members present at a meeting shall be sufficient to take action
LAX2:163528.13 -13-
on matters duly presented to the Board, except as otherwise set forth
herein.
(d) Comaliance with the Brown Act. All meetings of the Board shall be
•- called, noticed, held and conducted in accordance with the provisions
of the Ralph M. Brown Act (California Government Code Section
54950 et se .) and other applicable laws.
(e) Roberts Rules of Order. The substance of Roberts Rules of Order shall
apply to proceedings of the Board, except as otherwise set forth
herein.
Section 12. Counly.. Each Member has, by written contract, engaged the
services of County. Contracts relating to the provision by the County of police
services to the Member are described on Appendix "B ". Each Member shall
execute an indemnification agreement with the County modifying the terms of the
existing "Assumption of Liability Agreement" in effect by and between the County
and each Member providing that as of the effective date of such indemnification
agreement, the Assumption of Liability Agreement no longer applies to the
applicable services provided to the Member by the County as set forth in the
indemnification agreement. Each such Member shall, as a part of the
indemnification agreement amending the Assumption of Liability Agreement with
LAX2:163528.13 -14-
the County, undertake to provide to County an indemnity for third party liability
arising out of the performance of the services specified therein.
Section 13. Officers of the Authority.
�- (a) Chair, Vice Chair and Secretary. The Board shall elect members of the
Board, who are also members of the Board of Directors of the CCCA,
to serve as Chair, Vice Chair and Secretary of the Authority, each to
hold office for a three -year term, except as hereinafter provided, and
until a successor is elected and qualified. At the initial meeting of the
Board it shall elect a Chair for a three -year term, a Vice Chair for a
two -year term and a Secretary for a one -year term. At the Second
Annual Meeting of the Board, the Board shall elect a Secretary for a
three -year term. At the Third Annual Meeting of the Board, the Board
shall elect a Vice Chair for a term of three years. Thereafter, the
election of Chair, Vice Chair and Secretary shall be in sequential
years. In the event the Chair or Vice Chair or Secretary so elected
ceases to be a member of the Board, the resulting vacancy in the
• office of Chair or Vice Chair or Secretary shall be filled at the next
regular meeting of the Board held after such vacancy occurs. The
Administrative and Claims Committee may call a special meeting of
the Board for the purpose of conducting an election of officers. In the
LAX2:163528.13 -15.
absence or inability of the Chair to act, the Vice Chair shall act as
Chair.
(b) Duties of the Secretary. The Secretary shall be responsible for all
.- minutes, notices and records of the Authority and shall perform such
other duties as may be assigned by the Board.
(c) Treasurer. The Treasurer shall be the Treasurer of the SCJPIA. The
Treasurer shall serve at the pleasure of the Board and may, at any
time, with or without cause be dismissed by the Board. The Treasurer
shall comply with the duties set forth in Section 6505.6 of the
Government Code and in this Agreement.
(d) General Counsel. The Administrative and Claims Committee shall
select a qualified attorney to act as the General Counsel of the
Authority. The Administrative and Claims Committee shall also be
empowered to employ other attorneys, as needed as assistants to the
• General Counsel or as Special Counsel to handle specific legal
matters. The General Counsel and all other attorneys, shall serve at
the pleasure of the Administrative and Claims Committee, and may at
any time, be dismissed with or without cause.
LAX2:163528.13 -16.
(e) The Board shall have the power to appoint such other officers and
employees as may be necessary in order to carry out the purposes of
this Agreement.
a- Section 14. Creation of Administrative & Claims Committee. There is
hereby created an Administrative & Claims Committee (the "Administrative &
Claims Committee "). The Administrative & Claims Committee shall be empowered
to make and implement actions concerning the Joint Protection Program and to
evaluate claims exceeding the settlement authority of the Administrator, as
provided for in this Agreement, except for any decision which would require an
amendment of this Agreement. The Administrative & Claims Committee shall be
constituted as follows:
(a) The Chair of the Board, the Vice Chair of the Board and the Secretary
of the Board shall serve as members of the Administrative & Claims
Committee.
(.b) Two (2) elected officials from the SCJPIA Executive Committee shall
be selected by the SCJPIA Executive Committee to serve as members
of the Claims Committee, provided, however, that SCJPIA is now
serving and continues to serve as Administrator.
LAX2:163525.13 -17-
(c) The Executive Director of CCCA and the Executive Director of SCJPIA
shall serve as members of the Administrative & Claims Committee,
provided, however, that SCJPIA is now serving and continues to
serve as Administrator.
(d) One (1) City Manager from a member city of CCCA shall be selected
by the City Managers' Committee of the CCCA to serve as a member
of the Administrative & Claims Committee.
(e) A representative from the Los Angeles County Sheriff's Department
holding a rank no less than that of Assistant Sheriff may be appointed
by the Los Angeles County Sheriff to serve as a member of the
Administrative & Claims Committee.
(f) A representative from an insurance company, from which SAFER
purchases insurance, may be selected by a majority vote of the
Administrative & Claims Committee to serve as a non - voting member
of the Administrative & Claims Committee, provided, however, that
such representative shall be excluded from meetings of the
Administrative & Claims Committee during which a dispute of
coverage by the County is considered.
LAM: 163528.13 -18-
Section 15. Function of Administrative & Claims Committee. Such
Committee shall meet from time to time as deemed necessary by them, and shall
make recommendations to the Board based upon its expertise.
- Section 16. Powers of the Administrative &Claims Committee. The
Administrative & Claims Committee shall:
(a) approve a Joint Protection Program for the Authority, subject to
review, modification and adoption by the Board;
(b) evaluate claims in excess of the settlement authority of the
Administrator;
(c) conduct on behalf of the Authority all business of the Authority not
reserved in this Agreement for the Board;
(d) call meetings of the Board;
(e) as needed, the Administrative & Claims Committee may create
permanent or ad hoc advisory committees, to give advice to the
Administrative & Claims Committee on such matters as may be
referred to such committee by the Administrative & Claims
LAX2:163528.13 1 9'
Committee. Such a committee shall remain in existence until it is
dissolved by the Administrative & Claims Committee. Members of the
Administrative and Claims Committee, who are otherwise qualified,
shall be appointed to such committees by the Administrative & Claims
'- Committee and each such appointee shall serve at the pleasure of the
Administrative & Claims Committee;
(f) the Administrative & Claims Committee shall adopt a policy for the
control and investment of the Authority's funds and shall require strict
compliance with such policy. The policy shall comply, in all respects,
with Government Code Section 53646 and all other provisions of
applicable law; •
(g) the Administrative & Claims Committee shall be permitted to
authorize, on behalf of the Authority, the issuance of bonds or other
evidence of indebtedness pursuant to the provisions of Section 6540
et seg., of the Government Code and /or any other applicable laws;
(h) the Administrative & Claims Committee shall have such other express
powers as are provided for in this Agreement_, and such powers which
are necessarily implied pursuant to the terms of this Agreement; and
LAX2:163528.13 -20-
the Administrative & Claims Committee may adopt by -laws.
Section 17. Meetings of the Administrative & Claims Committee. The
meetings of the Administrative & Claims Committee shall be held and conducted in
the same manner as the meetings of the Board.
Section 18. Administrator. The Administrator shall serve as the
administrative body of the Authority. The Administrator shall have the general
administrative responsibility for the activities of the Authority and the
implementation of the Joint Protection Program. The duties of the Administrator
shall include, but not be limited to the following:
(a) prepare and implement a Joint Protection Program for the Authority;
(b) select and purchase all necessary insurance, including excess
insurance, necessary to carry out the Joint Protection Program;
(c) have the authority to contract for or develop various services for the
Authority, including, but not limited to, claims adjusting, loss control
and risk management consulting services;,
LAX2:163528.13 -21-
(d) cause to be prepared an operating budget of the Authority for each
fiscal year, subject to review, modification and adoption by the Board;
(e) receive and act upon reports of the Administrative & Claims
Committee;
(f) evaluate and administer claims of less than $100,000 or such other
amount as may be established by the Administrative and Claims
Committee;
(g) exercise the general supervisory and policy control over the day -to -day
decisions and administrative activities of the Authority;
(h) exercise such other powers and functions as are provided for in this
Agreement; and
(i) provide, from time to time, reports regarding the conduct of Authority
affairs.
Section 19. Appointment of Administrator. The SCJPIA is hereby appointed
Administrator of the Authority. The SCJPIA may be removed as Administrator
upon a majority vote of the entire Board.
LAX2:163528.13 -22-
Section 20, Liability Coveraae.
(a) The Joint Protection Program administered for the Members by the
Authority shall provide indemnification of the County pursuant to an
Indemnification Agreement by and between each Member,
individually, and the County.
(b) The Joint Protection Program administered for the Members by the
Authority shall include comprehensive coverage of such areas of
coverage as the Administrative & Claims Committee may determine,
arising out of the performance of services by the County, on behalf of
a Member. •
(c) The Authority shall maintain an insurance limit as set by the
Administrative and Claims Committee to be adequate.
(d) The Administrative & Claims Committee shall arrange for the purchase
• of such insurance as it deems necessary to protect the Authority
against catastrophes.
LAX2:163528.13 -23-
Section 21. The Joint Protection Program.
(a) As soon as practicable after the Effective Date of this Agreement, but
prior to the effective date of the joint protection program, the Board
and the Administrative & Claims Committee shall approve a Joint
Protection Program, subject to review, modification and adoption by
the Board.
(b) The initial deposit for each Member shall be determined by the
Administrative & Claims Committee on the basis of each Members
contract cost for the County Services.
(c) The Administrative & Claims Committee shall provide for adjustments
in the Member deposits at the end of the first year of operation, and
annually thereafter, in order to produce a deposit for each year for
Member that is equal to the sum of the following three items:
(1) That amount of losses actually borne individually by each
Member, if any; and
L.AX2:163528.13 -24-
(2) The Members share of pooled losses and other expenses based
on the Members percentage cost of contract services, as
determined by the Administrative & Claims Committee; and
(3) Each Members contribution to a catastrophe fund and reserves
for incurred- but - not - reported losses to be determined by the
Administrative & Claims Committee.
The Administrative & Claims Committee may make such deposit
adjustments retrospective to the prior year and each Member shall pay
any additional deposit required by such retrospective adjustment.
(d) The Administrator shall develop criteria for determining each
Member's annual share of pooled losses and expenses and
contributions to a catastrophe fund which may include as a factor
consideration of each Members costs for County services as
compared to the total County contract costs for all Members; the
Members individual loss experience; and such other criteria as the
Administrative & Claims Committee may determine to be relevant.
(e) The annual readjustment of the amount of deposit shall be made and
notices for readjusted deposit amounts and the next years deposits
LAM: 163528.13 -25-
shall be distributed at least sixty (60) days prior to the close of each
fiscal year. This deposit amount, together with any readjusted
amount due under paragraph (d) above, shall be due and payable on
July 1 of each year.
(f) Inasmuch as the Authority may experience an unusual frequency of
losses during a single fiscal year, which could increase their final
deposit substantially above the prepaid deposit for that year and
cause budgetary problems, the Administrative & Claims Committee
may provide for payment of a portion of such additional deposit to be
paid over a period of time, not to exceed five years, plus interest.
(g) In no event shall an individual Member's annual deposit, including any
readjusted amount, during the first three years of the Joint Protection
Program following its effective date exceed an amount equal to five
times its prepaid deposit for the first year. Thereafter an individual
Member's annual deposit including any readjusted amount for that
year shall not in any event exceed five times its average annual,
deposit, including readjusted amount, for the last preceding three (3)
years.
LAX2:163528.13 -26-
+ (h) The Board may expand the Authority's Joint Protection Program to
make available to Members protection in addition to that which is
provided for in this Agreement.
W- Section 22. Events of Default. The following events shall be Events of
Default:
(a) default by a Member in the due and punctual payment of any and all
deposits and readjusted amounts when and as the same shall become
due and payable; or
(b) default by a Member in the observance of any of the covenants,
warranties, agreements or conditions on its part in this Agreement
contained, if such default shall have continued for a period of thirty
(30) days after written notice thereof, specifying such default and
requiring the same to be remedied, shall have been given to the
Member by the Authority; provided, however, that if such default can
be remedied but not within such 30 -day period and if the Member has
taken all action reasonably possible to remedy such default within
such 30 -day period, such default shall not become an Event of Default
for so long as the Member shall diligently proceed to remedy the same
in accordance with and subject to any directions or limitations of time
reasonably established by the Authority.
LAX2:163528.13 -27-
Section 23. Action on Default. In each and every case during the
continuance of an Event of Default under Section 22 (a), above, the Authority shall
be entitled, upon notice in writing to the Member in default, to exclude such
Member from the pool. The Authority shall thereupon no longer be liable to
indemnify and defend the County on behalf of such defaulting Member. In each
and every case during the continuance of an Event of Default under Section 22 (b),
above, the Authority shall be entitled, upon written notice to the Member in
default, to take whatever action at law or in equity may appear necessary or
desirable to enforce its rights. In each and every case of an Event of Default, the
Member in default shall be subject to Section 34 hereof.
Section 24. Non - waiver. A waiver of any default or breach of duty or .
contract by the Authority shall not affect any subsequent default or breach of duty
or contract or impair any rights or remedies on any such subsequent default or
breach of duty or contract. No delay or omission by the Authority to exercise any
right or remedy accruing upon any default or breach of duty or contract shall impair
any such right or remedy or breach of duty or contract or an acquiescence therein,
and every right or remedy conferred upon the Authority by law or by this
Agreement may be enforced and exercised from time to time and as often as the
Authority shall deem expedient.
L A X2:163528.13 -28-
Section 25. Remedies Not Exclusive. No remedy herein conferred upon or
reserved to the Authority is intended to be exclusive of any other remedy, and
each such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by
-- statute or otherwise and may be exercised without exhausting and without regard
to any other remedy conferred by any law. The assertion or employment of any
right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion
or employment of an other appropriate right or remedy.
Y
Section 26. Accounts and Records.
(a) Annual Budget. The Board shall adopt an annual operating budget.
(b) Funds and Accounts. The Treasurer shall establish and maintain such
funds and accounts as may be required by good accounting practices
and as directed by the Board or by the Administrator. All such funds
and accounts shall be maintained separate and apart from the funds
and accounts of the SCJPIA. Books and records of the Authority in
the hands of the Treasurer shall be open to any inspection at all
reasonable times by representatives of Member.
(c) Treasurer's Reoo_rt. The Treasurer, within one - hundred and twenty
(120) days after the close of each fiscal year, shall give a complete
LAX2:163528.13 ' 29-
written summary report of all financial activities for such fiscal year to
the Board and to each Member.
(d) Annual Audit. The Treasurer shall cause to be made an independent
.- annual audit of the accounts and records of the Authority which audit
shall conform to generally accepted auditing standards. Each such
annual audit shall be made by a qualified Certified Public Accountant
and shall be filed as a public record with each of the Members. Such
report shall be filed within six months of the end of the year under
examination.
(e) Costs. Any costs of the annual audit, including without limitation,
costs of employment of Certified Public Accountants, shall be borne
by the Authority and shall be considered included within the term
"administrative costs."
Section 27. Responsibility for Funds.
(a) The Treasurer of Authority shall have the custody of and disburse the
Authority's funds upon order of the Board or the Administrative &
Claims Committee, The Treasurer shall have the authority to delegate
LAX2:163528.13 -30-
the signatory function and warrants to such persons as are authorized
by the Administrative & Claims Committee.
(b) A bond in the amount determined by the Administrative & Claims
Committee to be adequate shall be required of all officers and
personnel authorized to collect or disburse funds of the Authority.
The bond premium shall be paid for by the Authority.
(c) The Treasurer of the Authority shall assume the duties described in
California Government Code Section 6505.5, including:
(1 Receive and receipt for all money of the Authority and place it
in the treasury of the Treasurer to the credit of the Authority;
and
(2) Be responsible upon his or her official bond for the safekeeping
and disbursement of all of the Authority's money so held by
him or her; and
(3) Pay, when due, out of money of the Authority so held by him
or her, all sums payable on outstanding bonds and coupons of
the Authority; and
LAX2:163528.13 -31-
(4) Pay any other sums due from the Authority only upon warrants
signed by the public officer performing the functions of
Controller; and
(5) Verify and report in writing on the first day of July, October,
January and April of each year to the Authority and to Member
the amount of money held for the Authority, the amount of
receipts since the last report, and the amount paid out since the
last report.
Section 28. = Qonsibilities of the Authority. The Authority shall perform
the following functions:
(a) The Authority shall be obligated upon the effective date of an
indemnification agreement by and between each Member, individually,
and the County, to administer the Joint Protection Program for the
Members, provided for in this Agreement, in connection with each
Member's indemnification of County pursuant to such an
indemnification agreement.
(b) Provide liability coverage as required by the Joint Protection Program,
including but not limited to a self - insurance fund and commercial
LAX2:163528.13 -32-
insurance, as well as excess coverage and umbrella insurance,
obtained by negotiation or bid.
(c) Provide loss prevention and safety and consulting services to Member
-- and the County as required.
(d) Provide claims adjusting and subrogation services for claims covered
by the Authority.
(e) Provide loss analysis control by the use of statistical analysis, data
processing, and record and file keeping services, in order to identify
high exposure operations and to evaluate proper level of self - retention
and deductibles.
(f) The Authority shall have such other responsibilities as deemed
necessary by the Board of Directors in order to carry out the purposes
of this Agreement.
LAX2:163528.13 -33-
Section 29. Responsibilities of Members. Members shall have the following
responsibilities:
(a) Each Member shall pay its deposit and any readjusted amount
�- promptly to the Authority when due. After withdrawal or termination,
each Member shall pay promptly to the Authority its share of any
additional deposit, when and if required of it by the Administrative &
Claims Committee pursuant to this Agreement.
(b) Each Member shall provide the Authority with such other information
or assistance as may be necessary for the Authority to carry out the
Joint Protection Program under this Agreement.
(c) Each Member shall in any and all ways cooperate with and assist the
Authority, and any insurer of the Authority, in all matters relating to
this Agreement and covered losses, and will comply with all by -laws,
rules and regulations adopted by the Board and Administrative &
Claims Committee.
LAX2:163528.13 -34-
s
Section 30. Interim Period and Effective Date of Program.
(a) Interim Period. In the event the Joint Protection Program is not
developed prior to the Effective Date of this Agreement, then after the
-- Effective Date of this Agreement the Authority shall, as expeditiously
as possible, develop the details of the Joint Protection Program.
Estimated deposits for the Members shall be developed by the
Administrative and Claims Committee and presented to each Member
by written notice. Each Member shall participate in the Joint
Protection Program. The first year deposits shall be determined as
expeditiously as possible after approval of the Joint Protection Plan.
(b) Effective Date. The Joint Protection Program shall become effective
on the date of its approval by the Administrative & Claims Committee,
subject to review, modification and adoption by the Board.
Section 31. New Members. Following the first year of operation, the
Authority shall allow new public agencies who contract with the County to become
Members. New Members will be required to forthwith pay their share of
organization expenses as determined by the Board, including those expenses
necessary to analyze their loss data and determine their deposits.
L A X2:163528.13 -35-
Section 32. Withdrawal At any time three (3) years after the Effective
Date of this Agreement, a Member may terminate its participation under this
Agreement, effective at the end of a fiscal year, provided it has given the Authority
a twelve (12) month written notice of its intent to withdraw from this Agreement.
-- Any Member who voluntarily withdraws from this Agreement shall be subject to
Section 34 hereof.
Section 33. Termination. The Authority shall have the right to terminate a
Member as a party to this Agreement for good cause, upon a three - fourths (3 /4ths)
vote of the entire Board of Directors. Any Member so terminated shall as of the
effective date of the termination, be entitled to the same rights, and be subject to
the same liabilities and obligations, as a Member who voluntarily withdraws from
this Agreement. Further, any Member terminated under this Agreement shall be
subject to Section 34 hereof.
Section 34. Effect of Event of Default, Withdrawal or Termination.
(a) The withdrawal or termination of any Member from this Agreement or
an Event of Default with respect to any Member shall not have the
effect of terminating this Agreement and no Member by withdrawing
or being terminated shall be entitled to payment or return of any
deposits, consideration or property paid, or donated by the Member to
the Authority, or to any distribution of assets.
LAX2:163528.13 -36-
1
(b) The withdrawal or termination of any Member from this Agreement or
an Event of Default with respect to any Member shall not terminate
such Member's obligation to pay its share of deposits or funds to any
fund or liability coverage program created by the Authority until all
claims, or other unpaid liabilities, including losses incurred but not
reported, covering the entire period the Member was signatory hereto
have been finally resolved and a determination of the final amount of
payments due by the Member or credits to the Member for the period
of its membership has been made by the Administrative & Claims
Committee.
Section 35. Termination and Distribution. •
(a) This Agreement may be terminated any time during the first three
noncancellable years by the written consent of all Members, and
thereafter by the written consent of three - fourths (3 /4ths) of the
Members; provided, however, that this Agreement and the Authority
shall continue to exist for the purpose of disposing of all claims,
• distribution of assets and all other functions necessary to wind up the
affair's of the Authority.
(b) Upon termination of this Agreement all assets of the Authority shall
be distributed to Members in accordance with and proportionate to
LA X2:163528.13 -37-
their cash (including deposits) payments and property fat market value
when received) contributions made during the term of this Agreement.
The Administrative & Claims Committee shall determine such
distribution within six months after the last pending claim or loss
covered by this Agreement has been finally disposed of.
(c) The Administrative & Claims Committee is vested with all powers of
the Authority for the purpose of winding up and dissolving the
business affairs of the Authority. These powers shall include the
power to require Member, including those which were Member at the
time the claim arose or at the time the loss was incurred, to pay their
share of any additional amount of deposit deemed necessary by the
Administrative & Claims Committee for final disposition of all claims
and losses covered by this Agreement. A Member's share, of such
additional deposits shall be determined on the same basis as that
provided for annual deposits in Section 21 of this Agreement, and
shall be treated as if it were the next years annual deposit for that
• Member, subject to the limits set in this Agreement.
(d) In the absence of an Administrative & Claims Committee, the
Secretary shall exercise all powers and authority under this Section.
L.AX2:163528.13 -38-
a
` The decision of the Administrative & Claims Committee or Secretary
under this Section shall be final.
Section 36. Notices. Whenever notices are required to be given pursuant to
-- the provisions of this Agreement, the same shall be in written form and shall be
served upon the Member to whom addressed by personal service as required in
judicial proceedings, or by deposit of the same in the custody of the United States
Postal Service or its lawful successor in interest, postage prepaid addressed to the
designated representative of each Member, as set forth in Appendix "A ".
Notices shall be deemed, for all purposes, to have been given on the date of
personal service or three (3) consecutive calendar days following the deposit of the
same in the custody of the United States Postal Service.
Section 37. Amendment. This Agreement may be amended at any time by
the vote of not less than two- thirds (2 /3rds) of a quorum of the Board of Directors,
with the exception of an amendment to Section 33 which shall require a
three- fourths (3 /4ths) vote of the entire Board of Directors.
Section 38. Prohibition Against Assignment. No Member may assign any
right, claim or interest it may have under this Agreement, and no creditor, assignee
LAX2:163528.13 -39-
0
or third art beneficiary of any Member shall have any right, claim or title to any
P Y
part, share, interest, fund, deposit or asset of the Authority.
Section 39. Agreement Compl, =e. The foregoing constitutes the full and
complete Agreement of the parties. There are no oral understandings or
agreements not set forth in writing herein.
Section 40. Countergarts. This Agreement may be executed in any number
of counterparts, each of which shall be an original, but all of which taken together
shall constitute but one and the same instrument.
LAX2:163528.13 -40-
a
IN WITNESS WHEREOF, the parties hereto have first executed this
Agreement by authorized officials thereat on the date indicated below.
Date: 71--irl 7 CITY OF RANCHO PALOS VERDES
MAYOR
LAX2:163528.13 -41-
i
APPENDIX "A"
MEMBERS SERVICES PERSON UPON WHOM NOTICES ARE
TO BE SERVED
City of Police Services
City of Police Services
City of Police Services
Y
APPENDIX "6"
[ATTACH COPY OF COUNTY LAW ENFORCEMENT SERVICES AGREEMENT]
AIV 6848
1 CITY- COUNTY
REGIONAL LAW ENFORCEMENT SERVICES AGREEMENT
3
4 THIS AGREEMENT, dated for purposes of reference only,
5 j.5 , 199, is made by and between the
6 COUNTY OF LOS ANGELES, hereinafter referred to as "County," and the
7 CITIES OF RANCHO PALOS VERDES, ROLLING HILLS, AND ROLLING HILLS
8 ESTATES, hereinafter referred to as "CITIES."
9 RECITALS:
10 (a) The Cities are desirous of contracting with the County
11 for the performance of the hereinafter described law enforcement
12 functions within its boundaries by the County of Los Angeles
13 through the Sheriff thereof.
14 (b) The County of Los Angeles is agreeable to rendering such
15 services on the terms and conditions hereinafter set forth.
16 (c) Such contracts are authorized and provided for by the
17 provisions of Section 56 -1/2 and 56 -3/4 of the Charter of the
18 County of Los Angeles and Article 1, Chapter 1, Part 2, Division 1,
19 Title 5 of the Government Code of the State of California.
20 (d) The Cities have previously contracted for law enforcement
21 services under a regional agreement and desire to continue such
22 services.
23 THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
24 11 The County agrees, through the Sheriff of the County of
25 Los Angeles, to provide, and the Cities to accept, police
26 protection within the corporate limits of these cities to the
27 extent and in the manner hereinafter set forth.
28 ///
1 Except as otherwise hereinafter specifically set forth, such
2 services shall only encompass duties and functions of the type
3 coming within the jurisdiction of and customarily rendered by the
4 Sheriff of the County of Los Angeles under the Charter of said
5 County and statutes of the State of California.
6 2. The rendition of such service, the standards of
7 performance, the discipline of officers, and other matters incident
8 to the performance of such services and the control of personnel so
9 employed shall remain in the County. In the event of a dispute
10 between the parties as to the extent of the duties and functions to
11 be rendered hereunder, or the minimum level of manner of
12 performance of such service, the determination thereof made by the
13 Sheriff of the County shall be final and conclusive as between the
14 parties hereto.
15 3. Basic law enforcement services will be provided by the
16 County on the basis of a general law enforcement patrol car, or
17 multiple or fraction thereof, and a station detective, or multiple
18 or fraction thereof. It is hereby agreed that the minimum level of
19 basic law enforcement service shall be determined by the County as
20 provided in Paragraph 2 herein.
21 4. Services performed hereunder may include, if requested by
22 the Cities, traffic enforcement, license inspection and
23 enforcement, the supplying of crossing guards and school safety
24 officers and any other services in the field of public safety, law
25 enforcement, or related fields within the legal power of the
26 Sheriff to provide.
27 Should any one of the cities desire to receive any service
28 from the Sheriff not specifically listed above, the City Council's
2
`^ 1 written request must contain a statement indicating the Sheriff's
2 willingness to provide such service. Provision of such service
3 shall be contingent upon the Sheriff's willingness to provide it.
4 5. There is hereby created an Administrative Committee which
5 shall consist of the City Manager of each city and the Sheriff of
6 the County, or their respective representatives. Said committee
7 shall meet at the request of any one (1) member of' the Committee at
8 a time and place mutually agreeable to all members. This request
9 shall consist of a written or verbal notice given to all members of
10 this Administrative Committee setting forth the requesting member's
11 desire to call such a meeting. The matters discussed at this
12 meeting may include the review of the overall aspects of the
13 Regional Law Enforcement Plan, the amount of service to be rendered
14 to each City under the Plan, the allocation of the percentage of
15 total cost of the Plan to be paid by each City, operational
16 standards, and any other matters relating to the administration of
17 the Regional Law Enforcement Plan. The Sheriff of the County or
18 his authorized representative shall present, upon request,
19 statistics evaluating the effectiveness of the plan and other such
20 information as may be useful in evaluation of the plan.
21 6. For the purpose of performing said functions, County shall
22 furnish and supply all necessary labor, supervision, equipment,
23 communication facilities, and supplies necessary to maintain the
24 level of service to be rendered hereunder.
25 When and if the County and any one of the cities concurs as to
26 the necessity of maintaining a law enforcement headquarters within
27 said City which would not normally be provided by the Sheriff, said
28 City shall furnish, at its own cost and expense, all necessary
C
1 office space, furniture and furnishings, office supplies, janitor
2 service, telephone, light, water and other utilities. It is
3 expressly further understood that in the event such local office is
4 maintained in that said City, such quarters may be used by the
5 Sheriff of the County of Los Angeles in connection with the
6 performance of his duties in territory outside of said City and
7 adjacent thereto, provided, however, that the performance of said
8 outside duties shall not be at any additional cost to said City.
9 Notwithstanding the foregoing, it is agreed that in all
10 instances where special supplies, stationery, notices, forms, and
11 the like must be issued in the name of said Cities, the same shall
12 be supplied by said Cities at its own cost and expense.
13 7. All persons employed in the performance of such services
14 and functions pursuant to this agreement for said Cities shall be
15 County employees, and no City employee as such shall be taken over
16 by said County, and no person employed hereunder shall have any
17 City pension, civil service, or any status or right.
18 For the purpose of performing services and functions, pursuant
19 to this agreement and not only for the purpose of giving official
20 status to the performance thereof, every County officer and
21 employee engaged in performing any such service and function shall
22 be deemed to be an officer or employee of said City while
23 performing service for said City, which service is within the scope
24 of this agreement and is a municipal function.
25 8. Cities shall not be called upon to assume any liability
26 for the direct payment of any Sheriff's Department salaries, wages,
27 or other compensation to any County personnel performing services
28 hereunder for said Cities.
4
' 1 Except as herein otherwise specified, the City shall not be
2 liable for compensation of any County employee for injury or
3 sickness arising out of his employment.
4 9. The parties hereto have executed an.Assumption of
5 Liability Agreement approved by the Board of Supervisors on
6 December 27, 1977, and /or a Joint Indemnity Agreement approved by
7 the Board of Supervisors on October 8, 1991, and /or a revised Joint
8 Indemnity Agreement approved by the Board of Supervisors on August
9 91 1993. Whichever of these documents the Cities have signed later
10 in time is currently in effect and hereby made a part of and
11 incorporated into this agreement as if set out in full herein. In
12 the event the Board of Supervisors approves a subsequent revised
13 Joint Indemnity Agreement and the Cities execute the revised
14 agreement, the subsequent agreement as of its effective date shall
15 supersede the agreement previously in effect between the parties
16 hereto.
17 10. Unless sooner terminated as provided for herein, this
18 agreement shall be effective July 1, 1995 and shall remain in
19 effect until June 30, 2000. At the option of the Board of
20 Supervisors and with the consent of each City Council, this
21 agreement may be renewable for successive periods of not to exceed
22 five years each.
23 Notwithstanding the provisions of this paragraph hereinbefore
24 set forth, any party may terminate this agreement as of the first
25 day of July of any year upon notice in writing to the other parties
26 of not less than sixty (60) days prior thereto. In the event of
27 such notice of termination by any City, this agreement will be
28 deemed terminated as to all parties as of the first day of the
5
1 first July following said notice.
2 Notwithstanding any provision herein to the contrary, any City
3 may terminate this agreement upon notice in writing to the County
4 given within sixty (60) days of receipt of written notice by the
5 County of any increase in the rate for any service to be performed
6 hereunder, and in such an event this agreement shall terminate
7 sixty (60) calendar days from the date of any City's notice to the
8 County aforementioned.
9 11. Cities will pay for such service or services as are
10 required and requested and provided under this contract during the
11 fiscal year 1995 -96 at the following rates or combinations thereof,
12 plus such additional amounts as determined by the County's Auditor -
13 Controller, that will reflect any amendment to the County Salary
14 ordinance related to salaries and employee benefits adopted by the
15 Board of Supervisors.
16
17
18
19
20
21
22
23
24
25
26
27
28
D
1
LAW ENFORCEMENT RATES FOR FISCAL YEAR 1995 -96*
2
Service
Annual Cost
3
General Law **
Traffic **
4
One - Deputy Car
5
40 -hour unit
$ 162,255
$ 151,667
56 -hour unit
227,157
212,334
6
168 hour unit
681,470
637,003
40 -hour Motorcycle
160,084
7
56 -hour Motorcycle
224,117
8
Two Deputy Car
40 -hour unit
319,443
298,268
9
56 -hour unit
447,221
417,576
10
280 -hour unit
11121,598
1,047,486
11
Team Leader
40 -hour unit
167,727
156,260
12
Miscellaneous Services (per year)
13
Civilian Parking Control Officer
49,616
14
Community Relations Officer:
15
Generalist
90,343
Deputy IV
97,454
16
Sergeant
115,440
Lieutenant
130,579
17
Community Services Officer - with Vehicle
26,511
is
- without Vehicle
25,068
19
Special Assignment Officer:
Generalist - no Relief
106,411
20
- with Relief
124,195
Sergeant - no Relief
121,403
21
- with Relief
141,694
22
Station Detective
116,597
23
Crossing Guard (hourly)
8.42
License Investigation - Civilian Investigator
38.69
24
Helicopter Response
475.20
25
* Excludes Contract City Liability Trust Fund
contributions.
26
** The costs for general law patrol and traffic law patrol include station level
27
investigative services as a support cost.
28
Ah
1 The foregoing rates shall be readjusted by the County Auditor -
2 Controller annually effective July 1 of each year to reflect the
3 cost of such service in accordance with the policies and procedures
4 for the determination of such rate as adopted by the Board of
5 Supervisors of County.
6 Cities shall be notified of the new rates established by the
7 Auditor- Controller prior to the beginning of the fiscal year in
8 question.
9 12. Beginning with the first fiscal year of this Regional Law
10 Enforcement Services Agreement, each City shall pay a percentage of
11 the total cost of the law enforcement service level. As agreed
12 upon by the Administrative Committee, such percentages shall be
13 established based upon a formula which includes time expended,
14 numbers of cases handled and called for service experienced during
15 the preceding fiscal year period, or such other factors as may be
16 recommended by the Administrative Committee.
17 Changes in this percentage cost, payable by each City, shall
18 be effective only upon unanimous agreement of all member cities.
19 13. The cost of other services requested pursuant to this
20 agreement and not set forth in Paragraph 11 shall be determined by
21 the Auditor - Controller in accordance with the policies and
22 procedures established by the Board of Supervisors of County.
23 14, The County, through the Sheriff of the County of Los
24 Angeles, shall render to said Cities within ten days after the
25 close of each calendar month a summarized invoice which covers all
26 services performed during said month, and said Cities shall pay
27 County therefor within thirty (30) days after date of said invoice.
28 If such payment is not delivered to the County office which is
E?
1 described on said invoice within thirty (30) days after the date of
2 the invoice, the County is entitled to recover interest thereon.
3 Said interest shall be at the rate of ten (10) percent per annum or
4 any portion thereof calculated from the last day of the month in
5 which the services were performed.
6 15. If such payment is not delivered to the County office
7 which is described on said invoice within thirty (30) days after
8 the date of the invoice, the County may satisfy such indebtedness,
9 including interest thereon, from any funds of any such City on
10 deposit within the County without giving further notice to said
11 City of County's intention to do so.
12 16. Before the start of each successive fiscal year, each
13 City shall set aside a fund in an amount equal to the cost, or an
14 amount 10 percent in excess of the estimated cost, of such
15 services, which said City will receive from the County under this
16 agreement.
17 17. As part of its compliance with all applicable laws and
18 regulations relating to employee hiring, the County agrees that the
19 County Civil Service Rules to which it is subject and which
20 prohibit discrimination on the basis of non -merit factors, shall
21 for purposes of this contract be read and understood to prohibit
22 discrimination on the basis of sexual orientation.
23
24
25
26
27
28
9
1 IN WITNESS WHEREOF, the City of RANCHO PALOS VERDES, ROLLING
2 HILLS and ROLLING HILLS ESTATES, by resolution duly adopted by
3 their City Council, caused this agreement to be signed by the Mayor
4 and attested to by the Clerk of each city, and the County of Los
5 Angeles, by order of its Board of Supervisors, have caused these
6 presents to be subscribed by the Chairman of said Board and the
7 seal of said Board to be affixed thereto and attested by the Clerk
8 of said Board, all on the day and year first above written.
9
10
11
12
13
14
15
16
17
18
19
20
21
r
22
23
24
25
26
27
28
10
ATTEST:
1
City C1
(SEAL)
CITY OF RANCHO PALOS VERDES
11
Mayor
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTEST:
qh /.I/
CITY-CLERK
(SEAL)
12
ATTEST:
ol
CITY CLERK
r
(SEAL)
13
CITY--QF ROLLING HILLS ESTATES
MAYOR
.G-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2 2`
23
24
25
26
27
28
L
ATTEST:
JOANNE STURGES
Executive Officer/Clerk of
the Board of Supervisors
By
A
Deputy
APPROVED AS TO FORM:
DE WITT W. CLINTON
County Counsel
Bywo Deputy
COUNTY OF LOS ANGELES
By
7�?hair, Board of Supervisors
14
ADO11 jT
t ra tE;,D
4 7,44 AUG 11995
cl
NNAIPE STURGES
EMECUTWE OFFICER