RPVCCA_CC_SR_2014_02_04_08_LA_County_5Yr_Muni_Law_Enforcement_Services_AgmtMEMORANDUM RANCHO PALOS VERDES
TO:
FROM:
DATE:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CAROLYNN PETRU, ACTING CITY MANAGER@) QQ_
FEBRUARY 4, 2014
SUBJECT: FIVE-YEAR MUNICIPAL LAW ENFORCEMENT SERVICES
AGREEMENT WITH LOS ANGELES COUNTY
RECOMMENDATION
Authorize the Mayor and City Clerk to execute the 2014 Five-Year Municipal Law
Enforcement Services Agreement.
BACKGROUND
Since its incorporation, the City has contracted with Los Angeles County for law
enforcement services, which are provided by the Sheriff's Department. Each city that
contracts with the County for police services is required to enter into the same five-year
service agreement. The current Five-Year Municipal Law Enforcement Services
Agreement with the County of Los Angeles is due to expire on June 30, 2014 (see
attached).
The Five-Year Agreement is separate from the annual Palos Verdes Regional Law
Enforcement Agreement, which the City enters into with the Cities of Rolling Hills and
Rolling Hills Estates. The regional agreement allocates how the Lomita Sheriff's
Station's resources will be shared among the three cities during the coming fiscal year.
Actual levels of service and contract costs are established by separate action of each
City within the regional formula. The City Council will review the next Palos Verdes
Regional Law Enforcement Agreement during the FY14-15 budget process.
DISCUSSION
Discussions between the County, the Sheriff's Department Contract Law Bureau, and
the City Managers Committee of the California Contract Cities Association have
resulted in a slightly revised Five-Year Agreement which will take effect on July 1, 2014
and run through June 30, 2019 (see attached).
The primary revision can be found in Paragraph 3.3 of the attached draft agreement,
which addresses the issue of deployment deficiencies. It is primarily aimed at the
practice of "busting" of cars, where crime cars are not deployed during some shifts due
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Five-Year General Municipal Law Enforcement Services Agreement with Los Angeles County
February 4, 2014
Page 2of2
to insufficient personnel being available to cover the patrols. While it has been a
significant issue for some stations within the County, this has not been the case at the
Lomita Station. Through the annual Regional Law Enforcement Agreement, the three
cities are allocated "contract minutes" or patrol time. The Lomita Sheriff's Station has
been able to consistently meet or exceed each of the three cities' allocation of contract
minutes, which are monitored and reported to the Regional Law Enforcement
Committee at the quarterly meetings.
Paragraph 2.6 has been modified to clarify that County employees are officers of the
City only when performing services and functions related to law enforcement or other
services outlined in the Agreement. Further, language has been added to indicate that
the performance of these services and functions does not establish an employment
relationship between the County employees and the City.
In addition to the Five-Year Agreement, the City has entered into an Assumption of
Liability Agreement (1977) that outlines the responsibilities of each of the parties with
respect to issues of liability and a Special Indemnity Agreement (2009) carving out
specific actions of personnel misconduct by Sheriff's deputies for which the cities will
not accept liability. Both of these existing agreements are incorporated by reference.
The Assumption of Liability Agreement and the Joint Indemnity Agreement referenced
in Paragraph 5.1 are in the process of being reviewed by the County, the Sheriff's
Department Contract Law Bureau, and the City Managers Committee of the California
Contract Cities Association, and it is expected that a new agreement addressing issues
of liability and indemnity will be negotiated and brought forward for approval at a later
date.
Under the terms of the agreement, the City may request other specialized services in
addition to general law enforcement services. In conjunction with the Peninsula Region
Law Enforcement Agreement, the City currently contracts for the following additional
services: Surveillance Apprehension Team (SAT), Traffic Enforcement, Motorcycle
Traffic Enforcement and Community Resource (CORE) Team. These additional
services are reflected in the Deployment of Personnel Form (SH-AD 575), which serves
as Attachment "A" to the Five-Year Agreement and is approved each year as part of the
Palos Verdes Regional Law Enforcement Agreement (see attached).
FISCAL IMPACT
The new 5-Year Contract for Law Enforcement Services will have no direct fiscal impact
on the City.
Attachments:
2014 Five-Year Municipal Law Enforcement Services Agreement
FY13-14 Deployment of Personnel (575) Form (Attachment "A")
2009 Five-Year Municipal Law Enforcement Services Agreement
V:\CAROL YNN\REPORTS\2014\20140204_2014 General Law Enforcement Services Contract.doc
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SECTION
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF RANCHO PALOS VERDES
TABLE OF CONTENTS
TITLE
RECITALS ..••••••••.••••••••••••••..••••••••••••.•..•...•••.••••••.•••••••••••••••••••••••••••••••..•..••...••••••.•••
1.0 SCOPE OF SERVICES •••••.•••••••••••••••••••••.••.......••••••••••••••.••••••••••••••••••••
2.0 ADMIN"ISTRATION OF PERSONNEL .•.••.•..•••••••••••••••••••••••••••.••..••.•••.•
3.0 DEPLOYMENT OF PERSONNEL •••••••••.•.•.•.•.••.•••.••••••••.•.••••••.••.•••••••••••
4.0 PERFORMANCE OF AGREEMENT ••.•••.••••.••••••••••••••••••••••••••••••••••.•• 111••
5.0 INDEMN'IFICATION ••••.••.••••••••.••••••••••••.••••••••••••••..••••••••••..••••.•••••.•••••.••..
6.0 TERM OF AGREEMENT ••......••••••.•••.••••••••••••..•.••••••.••••••••••••••.•..•.••••...•..
7.0 RIGHT OF TERMIN'ATION .••••••.•••••••••••••••.••••.•••••••••••••••••.•••.•••.••..•.•...••
8.0 BaLING RA TES ••••.•••••••••.•.••••••••••••••••••••.•••..•••••••••••••••••••.....•....•.•..••.••••.
9.0 PAYMENT PROCEDURES •••••••.••••••••••••••.••.•••••.••.•••••.•.•.•.•.•.•.•.••..•.•.••••.
10.0 NOTICES ••••.•••••••.••......•.•....•....•••••••••.••.....••••.••••••..•.••.•.•••••••.•.•..••••..•.
11.0 A.MENDMENTS •••••••••••••••.•.••••••••••.•••••••••••••••••.•••.••••.•.•••.•••••••.•.•.•.••••.••
12.0 AUTHORIZATION WARRANTY ••....•.•....•••.•.•••.•.••••••••••..••..•.•.••.•..•••.••
13.0 ENTIRE AGREEMENT •••..•.•••••.•••••••.•••••.•••••••••••••••••••.•••••.•••••.••...•..••.•...
SIGNATURES •••.•••••..•.••.•...•.......•...•••••••••••.•••••••••••••.•..••••••.••••.••••..•••.••••••••••.•.•.•••••
Los Angeles County Sheriff's Department SH-AD 575
Deployment of Personnel Form
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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 day of , 2014 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
A. W4~reas, 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 56Yz and 56% 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,
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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 Sheriff's 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
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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 Sheriff's 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 Sheriffs 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 Sheriff's Department Station
Captain regarding the method of deployment for such services. The Sheriff's
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 Sheriff's 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 Sheriff's 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
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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 Sheriff's 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
Sheriff's 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 Sheriffs
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 Sheriff's 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
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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 servfoes.
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 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
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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
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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 RA TES
8.1 The City shall pay the County for the services provided under the terms of this
Agreement at the rates set forth on Attachment A, Los Angeles County Sheriffs
Department SH-AD 575 Deployment of Personnel Form, 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
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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 often 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.
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10.2 Notices to County of Los Angeles shall be addressed as follows:
Los Angeles County Sheriff's Department
Contract Law Enforcement Bureau
Attn: Unit Commander
4 700 Ramona Boulevard
Monterey Park, California 91754
Phone#:
10.3 Notices to City of shall be addressed as follows:
City of Rancho Palos Verdes
Attn: Deputreity':Ma~age:r·
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.
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF RANCHO PALOS VERDES
IN WI1NESS 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.
.·
ATTEST:
SACHIHAMAI
Executive Officer-Clerk
Board of Supervisors
Deputy
ATTEST:
City Clerk
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
By~~~~~~~~~
Senior Deputy County Counsel
COUNTY OF LOS ANGELES
DON KNABE
Chairman, Board of Supervisors
CITY OF RANCHO PALOS VERDES
Mayor
APPROVED AS TO FORM:
CITY ATTORNEY
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LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
CONTRACT CITY LAW ENFORCEMENT SERVICES
DEPLOYMENT SURVEY
EFFECTIVE DATE: 7/1/2013 City: Rancho Palos Verdes ------------------
DEPLOYMENT
SERVICE UNIT TOTAL UNITS GENERAL LAW TRAFFIC LAW TOTAL UNITS
PURCHASED MOTOR SPECIAL TEAM ASSIGNED
D.B.
EM DAY PM EM DAY PM DEP ASSIGN 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 1.6 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
DeDutv, 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
B-1 0 0
B-1, Dedicated Veh. 0 0
REPORT PREPARED BY:
APPROVED BY:
CITY APPROVAL BY:
PROCESSED AT CLEB BY: DATE: __________ _
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:
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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
RECITALS .••••••••..•.•.••••••••••.•••..••.•.••••••••.••.••••••.••.••••••••••••.•.•••••••••.•••••. ~ •••••••••••••••••••
1.0 SCOPE OF SERVICES .•••••••.••••••.•••.•••••••••.•.•.•••••••..••••••••••••.•••.•.•.••••••.•
2.0 ADMINISTRATION OF PERSONNEL ................................................ .
3.o·· DEPLOY'MENT OF PERSONNEL •.••..••.•..•...•.•.•••.•..•••••••••••..•........•..•.•••
4.0 PERFORMANCE OF AGREEMENT •.••.•.•••••••••.•••••••••.••••••.•••••••••••••.••••
5.0 IN'DEMNIFICATION •.••.•••••.••.••••..•••.•.....••...•••..•...•.•••.•••••.••.•......••••.••••••.•
6.0 TERM 0 F AGREEMENT ••.••••••.••••.•.••••••••••.•.•.•••••.••••••••••••.••••••.•.•••••.••••.•
7.0 RIGHT OF TERMIN"ATION •••.••••••••••.••.••.•••••.••••.•••••.•••••••••••••..••.•..••.....•
8.0 BILLIN'"G RA TES .••••..•.•.•.•.•..•..•.••.•••••.••...••...•.....•.••••.•..•.•••••••.•••.•.••••.•..•..
9.0 PA Y'MENT PROCEDURES ••••••.••.•••.••••.•••••.•.••••••••••••.••••••..••••..•••.••.•••••••
10.0 NOTICES ••••......•••••••••••••.•••••.•••••..•.••••....•.••••••.•..••••..•.••••••••••.•.•.••....•..
11.0 AMENDMENTS ..••.••.••............•••..•.•••••••••.••••.•••••..••••••••.•.•........•.••.•••••.•
12.0 AUTHORIZATION WARRANTY ..•••••••..•.•.••••••.••.••••.••••••.•.........•.••••••.•
13.0 ENTmE AGREEMENT ......••••..•.•••••.••.••••.•.••••...•....•..•.•......••••••.•.••.••••...•
SIGNATURES •••••••••••••••.••.......•••.•..•.••••••.••••.•••••••...........•.•.•.••••.•••••.••••.•.•......•.••••••
ATTACHMENT A: Los Angeles County Sheriff's Department SH-AD 575
Deployment of Personnel form
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" '
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF RANCHO PALOS VERDES
'17163
This Municipal Law Enforcement Services Agreement (hereinafter referred to as
"Agreement") is made and entered into this I~ day of c.,~~Ma:¥2-, 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 Sheriff's Department (hereinafter referred to as
"Sheriffs Department"); and
Whereas, the County is agreeable to rendering such law enforcement services on the terms and
conditions set forth in this Agreement; and
Whereas, such law enforcement services agreements are authorized and provided for by the
provisions of Section 56 1/2 and 56 3/4 of the County Charter and California Government Code
Section 51301.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good
and valuable consideration, the parties mutually agree as follows:
1.0 SCOPE OF SERVICES
I. I 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
Sheriff's Department SH-AD 575 Deployment of Personnel form, attached hereto
as Attachment A and incorporated herein by this reference.
3.2 A new SH-AD 575 Deployment of Personnel form shall be authorized and signed
annually by the City and the Sheriff or his designee each July 1, and attached
hereto as an Amendment to this Agreement.
3 .3 Should the City request a change in level of service other than pursuant to the
annual July 1 readjustment, an additional SH-AD 575 Deployment of Personnel
form shall be signed and authorized by the City and the Sheriff or his designee
and attached hereto as an Amendment to this Agreement.
3.4 The most recent dated and signed SH-AD 575 Deployment of Personnel form
attached to this Agreement shall be the staffing level in effect between the County
and the City.
3.5 The City is not limited to the services indicated in Attachment A, but the City
may also request any other service in the field of public safety, law, or related
fields within the legal power of the Sheriff to provide. Such other services shall
be reflected in an amended SH-AD 575 Deployment of Personnel form under the
procedures set forth in Sections 3.2 and 3.3 above.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing said general law enforcement services, County
shall furnish and supply all necessary labor, supervision, equipment,
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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 Sheriffs Department substation
within the City which would not normally be provided by the Sheriff, the City
shall furnish at its own cost and expense all necessary office space, and the
Sheriff shall have authority to negotiate with the City regarding which entity shall
pay for furniture and furnishings, office supplies, janitor service, telephone, light,
water and other utilities.
4.4 " It is expressly further understood that in the event a local office or building is
maintained in said City, such local office or building may be used by the Sheriff
in connection with the performance of his duties in territory outside of the City,
provided, however, that the performance of such outside duties shall not be at any
additional cost to the City.
4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where
special supplies, stationery, notices, forms, and the like must be issued in the
name of said City, the same shall be supplied by the City at its own cost and
expense.
5.0 INDEMNIFICATION
5 .1 The parties hereto have executed an Assumption of Liability Agreement approved
by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity
Agreement approved by the Board of Supervisors on October 8, 1991. Whichever
of these documents the City has signed later in time is currently in effect and
hereby made a part of and incorporated into this Agreement as if set out in full
herein.
5.2 The parties hereto have also executed a County-City Special Indemnity
Agreement approved by the Board of Supervisors on August 25, 2009. This
document is made a part of and incorporated into this Agreement as if set out in
full herein.
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 Sheriffs
Department SH-AD 575 Deployment of Personnel form, as established by the
County Auditor-Controller.
8.2 The rates set forth on Attachment A, Los Angeles County Sheriff's Department
SH-AD 575 Deployment of Personnel form shall be readjusted by the County
Auditor-Controller annually effective July 1 of each year, and attached hereto as
an Amendment to this Agreement, to reflect the cost of such service in accordance
with the policies and procedures for the determination of such rates as adopted by
the County Board of Supervisors.
8.3 The City shall be billed based on the service level provided within the parameters
of Attachment A, Los Angeles County Sheriffs Department SH-AD 575
Deployment of Personnel form.
8.4 The cost of other services requested pursuant to Section 3.5 ofthis 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 often 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.i 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
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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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$ -I~ I~ •'"• ~-'
' ..
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.
ATTEST:
SACHIHAMAI
Executive Officer-Clerk
ATfEST: ~
By f1d)__
City Clerk
APPROVED AS TO FORM:
ROBERT E. KALUNIAN
#19 AUG 2 5 2009
APPROVED AS TO FORM:
CITY ATTORNEY
B~,,A
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