LAC Municipal Law Enforcement Services (2009) 7 7 1 6 3
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ATTACHMENT C
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 4
5.0 INDEMNIFICATION 5
6.0 TERM OF AGREEMENT 6
7.0 RIGHT OF TERIVIINATION 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 Sheriff's Department SH-AD 575
Deployment of Personnel form
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77163
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") i s made and entered into this 1`'� dayo f �� M
g ) � - , 2009 by and
between the COUNTY OF LOS ANGELES, (hereinafter referred to as "County") and the CITY
OF RANCHO PALOS VERDES (hereinafter referred to as "City").
RECITALS
Whereas, the City is desirous of contracting with the County for the performance of law
enforcement services by the Los Angeles County Sheriffs Department (hereinafter referred to as
"Sheriffs Department"); and
Whereas, the County is agreeable to rendering such law enforcement services on the terms and
conditions set forth in this Agreement; and
Whereas, such law enforcement services agreements are authorized and provided for by the
provisions of Section 56 1/2 and 56 3/4 of the County Charter and California Government Code
Section 51301.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good
and valuable consideration,the parties mutually agree as follows:
1.0 SCOPE OF SERVICES
1.1 The County agrees, through the Sheriff of the County of Los Angeles (hereinafter
referred to as "Sheriff'), to provide general law enforcement services within the
corporate limits of the City to the extent and in the manner hereinafter set forth in
this Agreement.
1.2 Except as otherwise specifically set forth in this Agreement, such services shall
only encompass duties and functions of the type coming within the jurisdiction of
and customarily rendered by the Sheriff under the County Charter and the statutes
of the State of California, and under the City municipal codes.
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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
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personnel performing services hereunder for said City. Except as herein
otherwise specified,the City shall not be liable for compensation or indemnity to
any County employee or agent of the County for injury or sickness arising out of
his/her employment as a contract employee of the City.
2.8 As part of its compliance with all applicable laws and regulations relating to
employee hiring,the County agrees that the County Civil Service Rules to which
it is subject and which prohibit discrimination on the basis of non-merit factors,
shall for purposes of this Agreement be read and understood to prohibit
discrimination on the basis of sexual orientation.
3.0 DEPLOYMENT OF PERSONNEL
3.1 Services performed hereunder and specifically requested by the City shall be
developed in conjunction with the Sheriff and indicated on a Los Angeles County
Sheriffs Department SH-AD 575 Deployment of Personnel form, attached hereto
as Attachment A and incorporated herein by this reference.
3.2 A new SH-AD 575 Deployment of Personnel form shall be authorized and signed
annually by the City and the Sheriff or his designee each July 1, and attached
hereto as an Amendment to this Agreement.
3.3 Should the City request a change in level of service other than pursuant to the
annual July 1 readjustment, an additional SH-AD 575 Deployment of Personnel
form shall be signed and authorized by the City and the Sheriff or his designee
and attached hereto as an Amendment to this Agreement.
3.4 The most recent dated and signed SH-AD 575 Deployment of Personnel form
attached to this Agreement shall be the staffing level in effect between the County
and the City.
3.5 The City is not limited to the services indicated in Attachment A, but the City
may also request any other service in the field of public safety, law, or related
fields within the legal power of the Sheriff to provide. Such other services shall
be reflected in an amended SH-AD 575 Deployment of Personnel form under the
procedures set forth in Sections 3.2 and 3.3 above.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing said general law enforcement services, County
shall furnish and supply all necessary labor, supervision, equipment,
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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 Sheriff's Department substation
within the City which would not normally be provided by the Sheriff, the City
shall furnish at its own cost and expense all necessary office space, and the
Sheriff shall have authority to negotiate with the City regarding which entity shall
pay for furniture and furnishings, office supplies,janitor service, telephone, light,
water and other utilities.
4.4 It is expressly further understood that in the event a local office or building is
maintained in said City, such local office or building may be used by the Sheriff
in connection with the performance of his duties in territory outside of the City,
provided, however, that the performance of such outside duties shall not be at any
additional cost to the City.
4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where
special supplies, stationery, notices, forms, and the like must be issued in the
name of said City, the same shall be supplied by the City at its own cost and
expense.
5.0 INDEMNIFICATION
5.1 The parties hereto have executed an Assumption of Liability Agreement approved
by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity
Agreement approved by the Board of Supervisors on October 8, 1991. Whichever
of these documents the City has signed later in time is currently in effect and
hereby made a part of and incorporated into this Agreement as if set out in full
herein.
5.2 The parties hereto have also executed a County-City Special Indemnity
Agreement approved by the Board of Supervisors on August 25, 2009. This
document is made a part of and incorporated into this Agreement as if set out in
full herein.
5.3 In the event the Board of Supervisors later approves a revised Joint Indemnity
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Agreement and the City executes the revised agreement, the subsequent
agreement as of its effective date shall supersede the agreement previously in
effect between the parties hereto.
6.0 TERM OF AGREEMENT
6.1 The term of this Agreement shall be from September 1, 2009 through June 30,
2014, unless sooner terminated or extended as provided for herein.
6.2 At the option of the County Board of Supervisors and with the consent of the City
Council, this Agreement may be renewed or extended for successive periods not
to exceed five (5) years each.
6.3 Nine (9) months prior to the expiration of this Agreement, the parties shall meet
and confer in good faith to discuss the possible renewal or extension of this
Agreement pursuant to Section 6.2 above. The parties shall reach an agreement
as to the terms of any renewal or extension period no later than six (6)months
prior to the expiration of this Agreement. Absent mutual agreement by the parties
within that time frame, this Agreement shall expire at the conclusion of the then-
existing term.
7.0 RIGHT OF TERMINATION
7.1 Either party may terminate this Agreement as of the first day of July of any year
upon notice in writing to the other party of not less than sixty(60) days prior
thereto.
7.2 Notwithstanding any provision herein to the contrary, the City may terminate this
Agreement upon notice in writing to the County given within sixty(60) days of
receipt of written notice from the County of any increase in the rate for any
service to be performed hereunder, and in such an event this Agreement shall
terminate sixty (60) calendar days from the date of the City's notice to the
County.
7.3 This Agreement may be terminated at anytime, with or without cause, by either
party upon written notice given to the other party at least one hundred eighty
(180) days before the date specified for such termination.
7.4 In the event of a termination, each party shall fully discharge all obligations owed
to the other party accruing prior to the date of such termination, and, except as
otherwise provided herein, each party shall be released from all obligations which
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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, as established by the
County Auditor-Controller.
8.2 The rates set forth on Attachment A, Los Angeles County Sheriff's Department
SH-AD 575 Deployment of Personnel form shall be readjusted by the County
Auditor-Controller annually effective July 1 of each year, and attached hereto as
an Amendment to this Agreement, to reflect the cost of such service in accordance
with the policies and procedures for the determination of such rates as adopted by
the County Board of Supervisors.
8.3 The City shall be billed based on the service level provided within the parameters
of Attachment A, Los Angeles County Sheriff's Department SH-AD 575
Deployment of Personnel form.
8.4 The cost of other services requested pursuant to Section 3.5 of this Agreement and
not set forth in Attachment A, Los Angeles County Sheriffs Department SH-AD
575 Deployment of Personnel form shall be determined by the Auditor-Controller
in accordance with the policies and procedures established by the County Board
of Supervisors.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriff, shall render to said City within ten (10) days
after the close of each calendar month a summarized invoice which covers all
services performed during said month, and said City shall pay County for all
undisputed amounts within sixty (60) days after date of said invoice.
9.2 If such payment is not delivered to the County office which is described on said
invoice within sixty (60) days after the date of the invoice, the County is entitled
to recover interest thereon. For all disputed amounts, the City shall provide
County with written notice of the dispute including the invoice date, amount, and
reasons for dispute within ten (10) days after receipt of the invoice. The parties
shall memorialize the resolution of the dispute in writing. For any disputed
amounts, interest shall accrue if payment is not received within sixty(60) days
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after the dispute resolution is memorialized.
9.3 Interest shall be at the rate of ten percent (10%)per annum or any portion thereof,
calculated from the last day of the month in which the services were performed,
or in the case of disputed amounts, calculated from the date the resolution is
memorialized.
9.4 Notwithstanding the provisions of California Government Code Section 907, if
such payment is not delivered to the County office which is described on said
invoice within sixty(60) days after the date of the invoice, or in the case of
disputed amounts, from the date the resolution is memorialized, the County may
satisfy such indebtedness, including interest thereon, from any funds of the City
on deposit with the County without giving further notice to the City of the
County's intention to do so.
10.0 NOTICES
Unless otherwise specified herein, all notices or demands required or permitted to be
given or made under this Agreement shall be in writing and shall be hand delivered with
signed receipt or mailed by first class registered or certified mail, postage prepaid,
addressed to the parties at the following addresses and to the attention of the person
named. Addresses and persons to be notified may be changed by either party by giving
ten (10) calendar days prior written notice thereof to the other party.
Notices to County of Los Angeles shall be addressed as follows:
Los Angeles County Sheriffs Department
Contract Law Enforcement Bureau
Attn: Unit Commander
4700 Ramona Boulevard
Monterey Park, California 91754
Phone#:
Fax
Notices to City of shall be addressed as follows:
City of Rancho Palos Verdes
Attn: Deputy City Manager Petru
Address: 30940 Hawthorne. Blvd. , Rancho Palos Verdes, CA 90275
Phone#: (310) 544-5205
Fax#: (310) 544-5291
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11.0 AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a
written Amendment duly executed by the County Board of Supervisors and an authorized
representative of the City. Notwithstanding, the Sheriff or his designee is hereby
authorized to execute on behalf of the County any Amendments and/or supplemental
agreements referenced in Sections 1.3, 3.0, 4.3, 8.2, and 9.2 of this Agreement.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing this Agreement for the
City is an authorized agent who has actual authority to bind the City to each and
every term, condition, and obligation of this Agreement and that all requirements
of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing this Agreement for
the County is an authorized agent who has actual authority to bind the County to
each and every term, condition, and obligation of this Agreement and that all
requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
This Agreement, Attachment A, and any executed Amendments thereto constitute the
complete and exclusive statement of understanding of the parties which supersedes all
previous agreements, written or oral, and all communications between the parties relating
to the subject matter of this Agreement. No change to this Agreement shall be valid
unless prepared pursuant to Section 11.0, Amendments, of this Agreement.
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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.
COUNTY 0 OS ANGELE'
011 et4.-
By
D N KNABE
hairman, Board of S ervi or E D
ATTEST:
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SACHI HAMAI " Ae-..-
: �
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.., * SUPERVISORS
Executive Officer-Clerk - t'
�. ��,, ► j_ OS ANGELES
Board of Supervisors ',
• # 1 3 AUG 2 5 2009
APeAr/l.fdji -
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CITY OF RANCH i 411 = 10** AI
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By
CIT •F ' �'�rHO ' £ LOS VEP S, MAYOR / 72,0
ATTEST:
By 4,&57/44/144_
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
ROBERT E. KALUNIAN CITY ATTORNEY
Acti I County Co sel
B LAA ,A I
Deputy Co Es ounsel
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