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CC SR 20250204 03 - Public Safety Update - Q1 2025
CITY COUNCIL MEETING DATE: 02/04/2025 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to receive a status update on the Public Safety Division RECOMMENDED COUNCIL ACTION: 1) Receive and file a status update on the implementation of the Public Safety Division including its current initiatives and future objectives; 2) Authorize Staff to issue a Public Safety Community Survey in March 2025 per City Council Policy No. 2; and, 3) Approve converting the classification of one part-time, non-sworn Public Safety Liaison to a part-time, non-sworn Public Safety Field Training Officer in the Public Safety Division, and direct Staff to return with the job classification at a future meeting. FISCAL IMPACT: If recommended Action No. 3 is approved, the total annual salary and benefits for the part-time FTO will be approximately $70,400. There will be no additional budget appropriation required for fiscal year 2024-25, as there is $39,300 unspent savings from current vacancies to cover the difference. The projected amount needed from an anticipated onboarding date of late February 2025 to June 30, 2024 is $17,000. Moving forward in fiscal year 2025-26, an increase of approximately $28,900 in salaries and benefits will be necessary to support the FTO moving forward. VR Amount Budgeted: $271,800 Additional Appropriation: N/A Account Number(s): 101-400-6111-xxx General Fund ( Public Safety Division various accounts for personnel, non-personnel for Public Safety Program) ORIGINATED BY: Jennifer Schmid, Public Safety Manager REVIEWED BY: Catherine Jun, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Public Safety Community Survey (Page A-1) B. Los Angeles County Sheriff’s Department 575 Agreement (Page B-1) C. City Council Policy No. 2 – Public Questionnaires and Surveys (Page C-1) 1 CITYOF RANCHO PALOS VERDES BACKGROUND: On May 2, 2023, the City Council authorized a pilot program to form a Public Safety Division within the Administration Department (City Manager’s Office) starting in FY 2023- 24. The Division was initially formed in response to the rising cost of the City’s contract with Los Angeles County Sheriff’s Department (LASD), which had risen to $7,864,680 in FY 2023-24, an 8% increase over the previous fiscal year. Prior year contract adjustments are outlined below. The City has no plans to reduce LASD contract service levels at this time, as summarized in the attached service agreement between the City and the LASD (Attachment B). However, the ongoing goal of the Public Safety pilot program has been to identify additional City programs and tools that can economically enhance public safety services - independent of the LASD contract yet in close coordination with Lomita Sheriff’s Station. The Council instructed Staff to deliver quarterly updates on the pilot program and the performance metrics employed to assess its efficacy. Presented below are the most recent updates and the identified action items needed to successfully implement the Public Safety Division pilot program for the City Council’s consideration this evening. 2 C: 5 $9,000,000 $8,000,000 $7,000,000 $6,000,000 E $5,000,000 <( 'tS _g: $4,000,000 § u $3,000,000 $2,739,077 $2,000,000 $1,000,000 $0 $7,871,949 $4,152,033 $3,258,11 ~l)~l)'\,~I)~~ ~l)~l)'o~~l)~~l)~"~"~"~-i."~"\-i."~"'o~~"~"~"'~"'~"'~"'~,t -Total Contract DISCUSSION: 1. Status Update on the Public Safety Division The City remains committed to fostering a safe and secure community through proactive measures, enhanced coordination with law enforcement, and the adoption of innovative tools and programs. The Public Safety Division, in coordination with LASD and other community partners such as homeowners associations and neighborhood watch, has made significant progress towards enhancing public safety services and outreach efforts over the past few months. Below is an overview of ongoing initiatives. Staffing The following summarizes the Council-approved staffing levels and status of the Public Safety Division, with the exception of one position proposed to be created: ➢ Public Safety Manager (PSM): Hired in December 2024 to oversee the Public Safety Division, including program development and implementation, staff development, setting and accomplishing overarching strategic initiatives, and fostering relationships with law enforcement, fire departments, emergency preparedness, and other public safety agencies. The PSM is working closely with Captain Kim Guerrero, Sergeants, and Deputies in the Lomita Station to further enhance communication and coordination of their services in the City. Both agencies have established bi-weekly meetings to discuss current issues, crime stats, supplemental traffic enforcement efforts, and community outreach opportunities. City and LASD are also actively involved in developing the training program for the PSLs to ensure they are able to respond appropriately to non-emergency calls ➢ Senior Administrative Analyst: Recruitment is ongoing, and panel interviews are scheduled for February 5, 2025 with a target onboarding date of March 2025. This long-standing existing position will provide critical data analytics to the PSM, assisting with the development, implementation and evaluation of public safety programs and projects. This role will also apply for grant funding, monitor the division budget, and assist the PSM in managing the contract with LASD. ➢ Public Safety Liaisons (PSL): Currently, there are four PSL positions in the FY 2024-25 budget. Based on prior Council action taken on March 3, 2024 , as part of an amendment to Citywide classification titles, three parking enforcement officers in the Recreation and Parks Department were transferred to the PSL role effective January 25, 2025 (one position was vacant). Prior to their transition, the PSLs met routinely with the PSM to gain a thorough understanding of the job scope and training requirements in order to ensure a smooth transition in their new roles. The job scope includes: 3 o Handling non-emergent calls for service, such as non-injury traffic collision reports and non-workable calls for service (e.g., burglaries without suspect information) o Red-tagging and towing vehicles in violation of the 72-hour parking rule o Proactively patrolling the City, serving as an extra set of eyes and ears for the Lomita Sheriff’s Station o Engaging with residents and providing education on crime prevention strategies The PSM will also continue to work with their prior supervisor to ensure that parking enforcement operations continue seamlessly. Please note, there remains one vacant PSL position. The PSL are currently transitioning and training prior to begin patrolling the community by approximately April 2025. ➢ Field Training Officer (FTO): Staff is requesting City Council to consider converting the one remaining PSL position (vacant) into an FTO, effective this fiscal year. Additional information on the proposed FTO position is discussed later in this report. Community Engagement & Outreach The following is a brief summary of the community engagement and outreach efforts currently underway or proposed to be implemented: ➢ Crime Prevention: The PSM and the Lomita Sheriff’s Station Community Relations Team (CORE) have jointly participated in HOA and Neighborhood Watch meetings to educate residents on crime prevention strategies. ➢ E-Bike Education: Initiated collaboration with the Youth Advisory Committee and Lomita Station to promote safety and awareness of the City’s e-bike ordinance. This will include outreach to schools and neighborhood watch groups and various multimedia campaigns including public service announcement videos on RPVtv and social media. ➢ Public Safety Community Survey: Pending Council approval this evening, a City- wide survey to identify and prioritize the top three public safety concerns as perceived by the residents of Rancho Palos Verdes. Additional details about the survey are available below in this report. ➢ Informational Campaigns: Creation of social media outreach, flyers, and website updates to inform residents about the Division’s and LASD’s roles and responsibilities, as well as public safety initiatives, such as when to call the Lomita Sheriff Station and crime prevention information on how to protect your home, vehicles, and self from crimes of opportunity Technology and Data Enhancements 4 The following summarizes how the Public Safety Division utilizes current technology and data to promote and implement its initiatives: ➢ GIS Mapping Integration: Collaboration with the City’s contracted GIS team to enhance crime mapping tools to better track and analyze Part I and Part II crimes, enabling efficient responses to resident concerns. Part I crimes are prioritized due to their severity, such as violent crimes against people and property crimes. Part II crimes are less severe offenses such as fraud, vandalism, drug offenses, etc. In addition, the City would provide GIS mapping services, including City boundaries, schools, parks, residential and commercial zones, etc. to LASD to support their operations and patrols of the City, in addition to the following: o Identify hotspots of criminal activity to allow data-driven decision-making, targeted enforcement, and the efficient allocation of resources to areas most in need. o GIS data can provide a comprehensive view of historical and current crime patterns helping design proactive crime prevention strategies to educate community members on. o Access to GIS enables better collaboration with other city departments, such as public works or community development, to address environmental factors contributing to crime. Although residents are encouraged to contact the Lomita Station to report their public safety concerns, we recognize that they may not always do so. Staff may receive information on public safety concerns, and the GIS database will include a dedicated filter where staff can input resident-reported concerns. This feature will allow us to identify patterns, increases, or commonalities in specific areas, providing additional insights to guide proactive measures and enhance public safety. Public Safety Programs The following is a summary of programs currently underway: ➢ Automated License Plate Reader (ALPR): The four Peninsula cities worked together in 2016 to install 29 ALPR cameras at 19 locations on the Peninsula to assist LASD and Palos Verdes Estates Police Department in the rapid scanning of vehicle license plates, comparing them against law enforcement databases for various purposes including identifying stolen vehicles, Amber Alerts, missing persons, and felon vehicles. This fiscal year, all four cities have worked together to replace the cameras, which have reached their end of life. In addition, camera signage has been posted to bring public awareness to their usage on the Peninsula. In addition to the above, as a separate project and funded solely by the City, an additional 23 ALPR cameras were installed between 2019 and 2020 in 5 strategic locations throughout the City to further enhance public safety and to provide the LASD with an added surveillance tool. ➢ Public Safety Reimbursement Program: The Public Safety Division continues to implement the Public Safety Reimbursement Program, wherein the City provides a reimbursement for half of the cost of a new security camera system, up to $2,000 for neighborhoods and up to $100 for individuals. Neighborhoods are eligible to reapply for reimbursement of annual fees associated with their security system. The Program also provides Ring rentals to residents who may want to keep watch over their properties while on vacation. Current fiscal year to date the City has awarded individuals a total of $2,877 and HOAs a total of $13,000, for an overall total of $15,877 . The Division is also exploring the possibility of including small businesses as eligible participants. Coordination and Training ➢ Ride-Alongs: Coordination of ride-alongs for PSM and PSL to gain firsthand knowledge of the City and foster LASD collaboration (City Council members may wish to request to participate in a ride-along and can contact the City Manager for more information). ➢ Computer Aided Dispatch (CAD) and Mobile Digital Computer (MDC): The LASD utilizes a CAD and MDC system to dispatch and track service calls. The PSM and PSLs will be trained to utilize both systems. Access to these systems will also enable the City to track response times and use of contract services and minutes. Future Initiatives The following is a summary of initiatives being developed by the PSM for implementation in the coming months: ➢ Standard Operating Procedures: Develop standard operating procedures for the Division and its staff to ensure operational efficiency and greater accountability to the public. ➢ Mobile ALPR Trailers: ALPR trailers are mobile systems equipped with advanced cameras and software to capture and process license plate data in real-time. Overall, ALPR trailers serve as a proactive tool to enhance community safety and operational effectiveness, as summarized below. • Improve Crime Detection and Prevention: They assist in identifying stolen vehicles, locating wanted individuals, and tracking vehicles associated with criminal activity. • Increase Mobility: Unlike fixed ALPR systems, trailers can be deployed to different locations based on need, providing flexibility for targeted enforcement. • Enhance Traffic Safety: They can be used in areas with high traffic violations or accident rates, promoting safer driving behaviors. 6 • Data Collection: ALPR trailers collect valuable data for traffic analysis and resource allocation, enabling more informed decision-making Currently, the City’s 2 ALPR trailers have been borrowed by LASD to deter looting in the Palisades and Eaton Fire areas. Once returned, Staff will work with Lomita Sheriff’s Station to determine the best locations to deploy them, based on the increased request for traffic and other enforcement efforts. ➢ Municipal Code Signage: The Public Safety Division is working with the Public Works and Recreation and Parks Departments to design and install clearer signs to make visitors better aware of permitted and non-permitted activities in City facilities as well as the use of surveillance cameras. ➢ Public Safety Branding: Staff will begin to design and install branded vehicle decals and uniforms to help the public differentiate between the Public Safety Division and LASD. ➢ “When to Call LASD” Campaign: An educational campaign will be launched in the next month that helps the public understand what types of situations merit a call to the Lomita Station’s Non-Emergency Line at (310)-539-1661 versus emergency line at 9-1-1. This not only helps residents get quicker access to the right type of help but also streamlines LASD’s efforts to deliver proper services. ➢ Data Collection: As with any pilot program, it is imperative to gather data to assess its effectiveness. This can be achieved through a series of metrics that would be reported to the City Council periodically during the two -year pilot program. Such metrics may include, but are not limited to the following: • Assessing public safety presence consisting of LASD deputy visibility. • Monitoring changes to response times. • Crime statistics. • Measuring public perception through surveys. • Working closely with the Lomita Station’s Crime Analyst to monitor crime statistics during the pilot period to determine if crime rates adjust (upward, downward or constant) with the creation of the new division. Community Survey When establishing a new Public Safety Division, it is paramount to first understand the public safety needs and concerns of the community. To achieve this, Staff proposes to publish a draft survey that request the community to identify their top three public safety concerns relevant to the overall City. The draft survey is attached for the City Council’s review (Attachment A). In accordance to City Council Policy No. 2 (Attachment C), the City Council must authorize publishing a community survey. The Public Safety Community Survey is intended to achieve the following: ➢ Understand Community Priorities: 7 • Residents’ perspectives will provide essential data to identify the top public safety issues, ensuring that resources and programs address the most pressing concerns. ➢ Enhance Responsiveness: • By gathering input from those who live in Rancho Palos Verdes, the Public Safety Division can proactively develop strategies and initiatives tailored to the unique needs of the community. ➢ Foster Collaboration: • Engaging residents through a survey encourages active participation, builds trust and strengthens partnerships between the City, law enforcement, and the community. ➢ Promote Transparency and Accountability: • This process demonstrates the City’s commitment to inclusivity and transparency, showing that public safety efforts are guided by the voices of the community To ensure every resident has the opportunity to participate in the survey, the City will distribute it through multiple channels. The survey will be created using an online Formstack survey tool and shared via the following platforms. Hard copies will also be mailed to any resident that requests one by calling City Hall at 310 -544-5200. • City’s official website • City’s quarterly newsletter • City’s listserv database for public safety topics • City’s social media platforms Field Training Officer The Public Safety Division consists of the following positions: • One part-time non-sworn PSM • One full-time Public Safety Senior Administrative Analyst • Four part-time, non-sworn PSL At this time, three out of the four budgeted PSL positions have been filled. However, they have limited experience in public safety operations, including the use of LASD’s calls for service tools (as previously discussed CAD and MDC), and require extensive training to address complex situations such as non-emergent calls for service, crime scene assistance, and community inquiries. To facilitate this training and on-the-field supervision of the three PSLs, staff requests City Council consider converting the fourth PSL position to a part-time, non-sworn Field Training Officer (FTO) position, starting this fiscal year. This position will ensure PSLs are equipped with the knowledge and skills necessary to effectively support the community and the Lomita Sheriff’s Station. 8 FTO positions are utilized in various cities with Public Safety Divisions or Departments, including the cities of Lakewood, Norwalk, and Paramount. FTOs provide the following operational support and benefits: • Improved Competence: An FTO with prior LASD experience will provide PSLs with training that meets the high standards expected in public safety roles . A competent team will strengthen relationships with the community through consistent and professional interactions. • Operational Efficiency: Train PSLs to independently handle non -emergency calls to reduce the workload of sworn deputies, allowing them to focus on priority calls for service. • Continuity and Accountability: The FTO ensures ongoing staff development, regular performance evaluations, and updates to training programs to adapt to evolving community needs. • Coordinate Field Training Programs: Works with the PSM to develop and implement comprehensive training programs for PSLs, focusing on non - emergency calls for service, crime prevention, and community engagement. • Utilize LASD Resources: Collaborate with the Lomita Sheriff’s Station to integrate up-to-date techniques and resources into PSL training. • Ongoing Training and Evaluation: Conduct regular assessments of PSL performance and recommend individualized development plans. • Policy and Procedure Development: Review and refine standard operating procedures to be efficient and effective. • Dispatched in the Field: Handle non-emergency calls for service when not training PSLs. Qualifications for the FTO position include: • Required Experience and Knowledge: Demonstrated expertise in field training, crime prevention, and community relations • Public Safety and Community Interaction: Proven ability to resolve community concerns and build trust with residents • Fundamental understanding of current LASD operational process and procedures • Administrative Competence: Skilled in personnel management, program development, and operational logistics • Strong leadership, communication, and organizational skills. Ability to handle complex public interactions with professionalism and tact. Familiarity with municipal codes, ordinances, and officer safety policies 9 Fiscal Consideration: The annual, fully burdened cost for an FTO is $70,400 or approximately $28,900 more than the PSL position. If converting the part -time PSL to a part-time FTO position is deemed acceptable to the City Council, this additional amount will be requested as part of the FY 2025-26 budget process. Staff also recommends approving the FTO effective this fiscal year. Given the available vacancy savings from the PSL positions remaining vacant during the first half of the year, no additional budget appropriation would be required to onboard an FTO this fiscal year. The strategic reclassification represents a cost-effective solution to enhance training, operational readiness, and overall public safety services while leveraging existing budget savings. The proposed annual salary for the FTO, is based on similar positions in the cities of Norwalk and Lakewood. It is important to note that the majority of cities have a dedicated full-time trainer position for their public safety divisions. For example, while the City of Lakewood employs full-time trainers, they also leverage higher-level PSL to train newly hired officers. To remain competitive and attract an experience d public safety professional, staff carefully evaluated comparable roles and salary structures, which guided the proposed salary amount of this part-time position of $70,400. This upgrade aligns with our commitment to improving public safety operations and building a more robust, well-trained team. If approved by the City Council, staff will present draft job specifications to AFSCME (the part-time labor unit) for input before returning to a future Council meeting with a final drat for further consideration. Staff will also begin the recruitment process to hire a qualified candidate with LASD field training experience and expertise in community -facing public safety roles which is estimated to take 6 to 8 weeks. In coordination with the PSM, the FTO will also design the initial training curriculum, including evaluation metrics and tailored development plans, and formally begin training PSLs as quickly as possible. In the meanwhile, PSLs will continue to work with the PSM to conduct parking enforcement and attend community meetings to share information about crime prevention and public safety programs. CONCLUSION: Staff recommends approving the creation of a part-time, non-sworn Public Safety FTO position as well as the approval of a public safety community survey to enhance the capabilities of the Public Safety Division, support Lomita Sheriff’s Stations Operations, improve service delivery, and strengthen community trust. ALTERNATIVES: The following alternative actions are available for the City Council’s consideration: 1. Do not approve one or more recommendations and direct staff accordingly, which may include requests to return with additional information or updates. 10 2. Do not approve converting a PSL to a FTO, and direct staff to fill the vacant PSL position. 3. Do not authorize the publication of a Public Safety Community Survey. 4. Identify modifications to the Public Safety Community Survey. 5. Take other action. 11 Public Safety Community Survey City of Rancho Palos Verdes The City of Rancho Palos Verdes is forming a new Public Safety Division and value your input to help identify and address the top public safety concerns in our community. This survey focuses on big-picture concerns that affect the entire community. If you have a specific concern limited to your neighborhood, please contact publicsafety@rpvca.gov Please select your top 3 public safety concerns in our community *limit only 3 to be selected • Traffic concerns (e.g. speeding, unsafe intersections) *comment section • Theft, burglary and or suspicious/criminal activity (e.g. suspicious person(s) canvasing areas, loitering in large business centers, parks, etc.) *comment section • Homelessness *comment section • Pedestrian or cyclist safety *comment section • Drug or Alcohol related issues *comment section • Noise disturbances or public disturbances *comment section • Other (please specify) : Reminder, this survey is focused on concerns that affect the entire community. Individual neighborhood related public safety concerns should be directed to the Public Safety Division at publicsafety@rpvca.gov *comment section A-1 CITY COUNCIL MEETING DATE: 06/18/2024 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to approve a five-year agreement (Fiscal Year ((FY)) 2024-2029) with the Los Angeles County Sheriff’s Department and approving the FY 2024-25 Service Level Authorization for public safety services RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2024-___ OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, APPROVING A FIVE- YEAR MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA) WITH THE COUNTY OF LOS ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT FOR THE PERIOD BETWEEN JULY 1, 2024 AND JUNE 30, 2029; (2) Authorize the City Manager to execute the Five-Year MLSEA; and, (3) Authorize the City Manager to sign the Los Angeles County Sheriff’s Department Service Level Authorization for FY 2024-25 at a total City annual cost of $8,173,078. FISCAL IMPACT: Changes to the MLESA do not alter the cost structure of the previous agreement. Rates for law enforcement services are provided annually by the County of Los Angeles Auditor/Controller and are determined based on the fully burdened cost of deploying service units, including variables such as salary, benefits, equipment (vehicles, radios, maintenance, etc.), management overhead, vacation and sick relief, detective services, dispatch and front desk personnel, station jailer services, and civilian positions. In 2023-24, the general law enforcement services cost is $7,864,680.23. For 2024-25, the City will procure the same number of resources, with estimated costs increasing by 3.94%. This is made up of a 3.44% increase for a deputy service unit1 plus a 0.5% increase to the Liability Trust Fund (Liability Trust fund will go from 12% to 12.5% of personnel cost). The FY 2024-25 cost is estimated at $8,173,078, which is included in the FY 2024-25 Draft Budget. Additionally, $70,000 is included in the FY 2024-25 Draft Budget for supplemental (overtime) patrols, which are outside of the scope of the hours provided through the Service Level Authorization . The draft 1 Actual percentages may vary based on the type of service unit (i.e. patrol deputy, bonus deputy, or sergeant) B-1 budget represents an estimate of what the Service Level Authorization will be, as it is developed prior to receipt of the agreement. VR Amount Budgeted: $8,174,100 and $70,000 (FY 2024-25 Draft Budget) Additional Appropriation: N/A Account Number(s): 101-400-6110-5101 (General Fund – Public Safety/Special Program) VR ORIGINATED BY: Shaunna Hunter, MPA, Senior Administrative Analyst REVIEWED BY: Same as below APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2024-__ approving a 5-year MLESA (page A-1) B. Proposed Five-Year MLESA FY 2024-29 (page B-1) C. Proposed FY 2024-25 LASD Contract Law Enforcement Service Agreement, Service Level Authorization (SH-AD 575) (page C-1) D. Existing MLESA FY 2019-2024 (page D-1) E. Part I Crime Dashboard for the City of Rancho Palos Verdes (page E-1) F. 1977 Assumption of Liability Agreement (page F-1) G. 1991 Joint Indemnity Agreement (page G-1) H. 2009 Special Indemnity Agreement (page H-1) I. Draft Letter of Understanding between County and Contract Cities to continue liability negotiations (page I-1) BACKGROUND: The City of Rancho Palos Verdes contracts with the Los Angeles County Sheriff’s Department (LASD) for law enforcement services through a fixed percentage cost-sharing model with the Peninsula cities of Rolling Hills Estates and Rolling Hills (collectively, “contract cities”). In 2014, the contract cities agreed to migrate from a variable formula to a fixed percentage-only formula for annual cost-sharing of the LASD law enforcement service. The Sheriff’s general law enforcement service costs are portioned using the following formula: Rancho Palos Verdes (68%), Rolling Hills Estates (28%), and Rolling Hills (4%). The City has both a five-year general MLESA which defines the terms and provides a menu of available law enforcement services with LASD and an annual Service Level Authorization SH-AD 575 (575 Form) contract which specifically identifies the annual services and costs provided by LASD. The City Council approved the general MLESA in FY 2019-20 for a term of five years (Attachment D). The current MLESA between the City and the County of Los Angeles is B-2 set to expire on June 30, 2024. The current five-year MLESA has been renegotiated between California Contract Cities Association and Contract Law Division of LASD. A new five-year MLESA (Attachment B) has been drafted for the City Council's consideration, with the next term starting on July 1, 2024 and concluding on June 30, 2029. Additionally, the City Council is being asked to consider the rate increase for the FY 2024- 25 service levels, as described below. The attached Annual 575 (Attachment C) delineates the unit and minutes of service provided along with the associated costs that LASD is contractually obligated to provide for FY 2024-25. Annually, the City Council reviews and authorizes the City Manager to sign the 575 for the upcoming fiscal year. Unlike the general MLESA, the Annual 575 can be modified throughout the contract term at the City’s request if resources are available. The City may increase or decrease the number and type of units requested, which would result in changes to the service level received in the community. In FY 2018-2019, the City reduced the number of Non-Relief deputies from 3.36 to 1.36 and increased 56-Hour Deputy Sheriff positions from 8.7 to 10.7. The current Annual 575 has the same configuration as FY 2022-23, and is proposed to remain the same for FY 2024-25 based on the City’s desired level of services and associated costs. In addition to general law enforcement, the City budgets for additional supplemental law enforcement services. These patrols are directed at the City’s request through the City Council Public Safety Subcommittee and Regional Contract Law Committee and are billed as overtime at the rate of time-and-a-half contracted unit costs. Supplemental patrols are discussed in a subsequent section. The City Council is being asked to consider approving the Five -Year MLESA and the FY 2024-25 575 Agreement and the deployment of supplemental patrols. DISCUSSION: Five-Year MLESA Contracting for law enforcement services in Los Angeles County dates back to 1954 when the City of Lakewood first contracted with the County. Currently, 42 cities, including Rancho Palos Verdes, contract with the County through the Los Angeles Sheriff's Department for primary and supplemental law enforcement services, representing almost half of the 88 Los Angeles cities. Under California Government Code Section 51301 et seq, the City has the authority to contract with the County for public safety services. The term of any such contract shall not exceed five years but may be renewed for subsequent five -year periods, provided a decision to continue is made at least a year before the expiration of any current term. The upcoming MLESA is a five-year agreement requiring approval by June 30, 2024 to continue services. According to California Government Code Section 51350, the County must charge the contracting city for all costs incurred due to the agreement. This excludes any indirect B-3 overhead charges or costs attributed to services provided countywide or are general county government operational overheads. Thus, the County’s Auditor/Controller established a complex formula to set the price of each contract service unit, and the Liability Trust Fund Claims Board2 determined the recommended funding level for the liability component based on an actuarial study. Together, these two components form the total cost per service unit assessed to the contract cities for each service unit procured. Annually, the City issues a Service Level Authorization, commonly referred to as the “575 form,” which specifies the resources provided to the City. These resources include sworn deputies, non-sworn personnel, public safety equipment, and standard deployment of sworn personnel. The form details the costs associated with each service unit and their quantities based on the five-year MLESA. Changes to the FY 2024-29 MLESA Over the past year, a subcommittee from the California Contract Cities Association (CCCA), consisting of City Managers, collaborated with the County and the Los Angeles Sheriff's Department (LASD) to negotiate and revise the MLESA. The proposed MLESA includes revisions that were mutually agreed upon by the County and the CCCA subcommittee (Attachment B). In addition to the MLESAs approved over the past few decades, the contract cities have entered into three significant agreements concerning liability and indemnification for County services (provided to the City Council as historic background information): • 1977 Assumption of Liability: The County established a fund to cover liability costs associated with contract services, assuming liability and defense for contract cities (replaced by the 1991 Joint Indemnity Agreement for law enforcement services (Attachment F). • 1991 Joint Indemnity Agreement: The County and cities established the structure of the Liability Trust Fund, transferring responsibility for liability and payment for settlements and claims to this fund, which is fully funded by contract cities. (Attachment G). • 2009 Special Indemnity Agreement: The County and cities agreed to split the liability and funding responsibility equally for certain cases involving deputies or other peace officers incurring felony convictions or any criminal convictions of certain sexual crimes (Attachment H). While the County accepted some of the recommended subcommittee changes, there were a number of changes that were not accepted. Additionally, no agreement on changes to liability and indemnity language was reached prior to the renewal deadline. 2 Board of city councilmembers, city managers, and California contract cities to review and recommend settlements to claims filed related to contract city activity performed by the County. B-4 The included MLESA includes several changes based on the contract cities negotiations which are beneficial to the City. The changes include: • Performance will be by Service Unit Rather than Overall – Agreement performance standard changes from one measure overall to several measures at the service unit level. As the MLESA performance is based on service minutes, the number of deputies and civilians procured by a city are translated into available minutes. This allows the County to mix and match minutes to achieve their 98 -102% target but can lead to unintended consequences to underperform in areas like traffic, special assignment, or motor units. The change would set the 98-102% performance target for each specific unit – patrol, motor, special assignment deputies increasing accountability to cities receiving the level of service expected when procuring specific resources. As an example, overages in patrol minutes cannot be made up by reducing service levels of a motor unit or special assignment deputy and vice versa. • Retaining Vehicle of Deleted Service Unit – When a city adds a new resource that requires a vehicle (i.e. new deputy), the city incurs a significant first-year expense for the additional vehicle required for this new deputy. The maintenance and replacement costs of the vehicle are already integrated into the annual charge to the city if the city keeps the new deputy. While the LASD has a practice on this, the language of the MLESA was not explicit to protect a city from losing a deputy temporarily and the n paying another new vehicle cost when the city restored the deputy. The MLESA adds language that a city can regain access to a vehicle procured with a new deputy service unit when the unit is deleted and restored within 24 months. This codifies the lang uage and extends it from 12 to 24 months giving more flexibility for a city to avoid incurring a new vehicle cost. • Transfer of City Property to County – The MLESA requires separate written agreements managed at the LASD contract city stations to govern items purchased by the City and temporarily transferred to the County. Additionally, the County must maintain a detailed and regularly updated inventory of all non -vehicle City equipment in its possession, including descriptions, serial numbers (if applicable), condition upon receipt, and location. This language increases transparency and accountability in the handling of the City’s assets where the MLESA was previously silent. • Equipment Replacement after Extended Maintenance and Repair – MLESA requires that the County will make best efforts to provide a temporary replacement if the original equipment takes more than 60 days to be returned. The language strengthens the required effort the County must undertake to provide a replacement. A best effort would require the LASD to be more diligent in providing a replacement. • Continue Negotiations on Indemnity Agreements – Agreement includes Section 5.4 which acknowledges indirectly the continued negotiations between the County and contract cities related to concerns that cities bear the full cost of liability for contract activities when the County should share in such liability. A Letter of Understanding B-5 between the County and the California Contract Cities Association outlines how both parties will work towards addressing concerns in several areas raised by contract cities (Attachment I). The language does not guarantee a change, but it recognizes a mutual interest in ensuring the long-term viability of the Liability Trust Fund and controlling the increasing burden placed on cities for activities a city does not control. The County controls aspects of law enforcement operations (i.e. training, supervision, hiring, discipline, etc.) and to some extent should incur some of the liability, such as when there is gross negligence not controllable by a city. Further negotiations are a positive step. Liability Trust Fund Claims Board As established in the 1991 Joint Indemnity Agreement, the County formed the Los Angeles Contract Cities Liability Trust Fund Claims Board (Board) to review and approve settlement of claims and lawsuits for money damages which are paid from the County’s Contract Cities Liability Trust Fund. The Board consists of eleven members nominated by the California Contract Cities Association and appointed by the Los Angeles Board of Supervisors. The members include city council members, city managers, and representatives from the California Contract Cities Association. The Liability Trust Fund is comprised of two funds – the Sheriff's Department Fund and the All Other Departments fund. This is a County trust account funded by contract cities to reimburse the County for all costs related to contract city operations leading to litigation and settlements as a part of MLESA operations. The Liability Trust Fund is self-insured for liabilities up to $10 million and carries insurance up to $50,000,000. The Liability Trust Fund has experienced significant payouts due to settlements and litigation work. The settlements are such a large exposure that insurers have been increasing the self-insurance retention (amount paid from the fund before tapping insurance) of $2 million in 2011-12 to $10 million in 2023-24, and the rate paid by contract cities has risen from 4% to 12%, respectively, and will be 12.5% in FY 2024-25. Given that all activities of the contract cities in the MLESA are the responsibility of the County and contract cities have no authority to govern over actions to reduce liability, the subcommittee feels strongly of the need to revisit the liability and in demnity relationship between the contract cities and the County to ensure balance in who pays for settlements and litigations. The purpose is to ensure the long-term viability of the Liability Trust Fund and the contract model. Further, with the County being exposed to more financial risk associated with operations that only they can control, there will be a greater incentive to ensure more risk reduction approaches and opportunities are leveraged to reduce the overall losses incurred by both the County and the contract cities. While the subcommittee proposed changes to liability and indemnity language, the County desired additional time to discuss and consider changes. Thus, Section 5.4 was added to the MLESA, which allows the subcommittee and County to continue the discussions intended to revise liability and indemnity language to share in the financial B-6 exposure with the County instead of the current burden falling completely on the Liability Trust Fund, and by extension, the contract cities. Consequently, the subcommittee will be continuing discussions on amending this language even after the MLESA is approved by the June 30, 2024 deadline, with the existing liability and indemnity language in place since the last MLESA. FY 2024-25 Service Level Authorization SH-AD 575 - Rate Increases and Definitions of Units Annually, the City Council approves the 575 which specifies service levels and types of law enforcement services provided to the City for the next fiscal year. In FY 2023-24 the annual 575 agreement totaled $7,864,680.23. The FY 2024-25 budget for the 575 agreement is $8,173,078, representing an 3.94% increase from the previous fiscal year for all services including the liability trust fund, which equated to $908,119. The increase includes annual adjustment to unit rates and an increase in the liability cost from 1 2% to 12.5%, for the same level of service as FY 2023-24. Table 1 below, FY 2024-25 575 Contract Detail delineates the LASD’s unit cost, coding, personnel required, cost including 12.5% liability, and total minutes the unit position is scheduled to provide in the coming year. 56-Hour Unit Deputy Sheriff: 56-Hour positions are scheduled on three different eight-hour shifts (generally): EM (graveyard – 10 p.m. to 6 a.m.), AM (6 a.m. to 2 p.m.), and PM (2 p.m. to 10 p.m.), seven days a week. LASD is contractually obligated to fill these position shifts regardless of if the deputy assigned calls out sick or is on vacation to maintain compliance with the contract minutes. These units perform general law enforcement services, including responding to service calls, traffic enforcement, conducting general investigations, providing patrol services, and other crime prevention services. The current Annual 575 provides 10.7 units staffed with 17.462 personnel over the course of the 24-hour day. The current deployment schedule for these 10.7 units is represented by Figure 1 on the next page with 56 Hour Units Scheduled by Shift with 3.1 units scheduled in the EM (Graveyard Shift), 3.1 units scheduled in the AM shift, and 4.5 units scheduled in the PM shift. All units are generally staffed with a single deputy per car. Thus, one unit equates to approximately 1.63 personnel. Table 1: FY 2024-2025 Contract Detail Position Code Unit Cost Total Units Personnel Required to service Units Total Annual Cost w/ 12.5% liability Total Contract Minutes Total contract service hours per unit Amount paid per minute per unit Amount paid per hour per unit Amount paid per unit Amount paid per day Deputy, 56 Hour Unit 307 516,493$ 10.7 17.462 6,217,284.49$ 1,874,640 31244 3.32$ 198.99$ 581,054.63$ 17,033.66$ Deputy, Non-Relief 310 335,385$ 1.36 1.36 513,139.05$ 145,982 2433 3.52$ 210.91$ 377,308.13$ 1,405.86$ Deputy, Bonus 1 Non-Relief 305 361,026$ 2.04 2.04 828,554.67$ 218,974 3650 3.78$ 227.03$ 406,154.25$ 2,270.01$ Deputy, Grant Special Assignment 312 233,680$ 1.36 1.36 357,530.40$ 145,982 2433 2.45$ 146.95$ 262,890.00$ 979.54$ Motor Deputy Non-Relief 305A 335,385$ 0.68 0.68 256,569.53$ 72,991 1217 3.52$ 210.91$ 377,308.13$ 702.93$ 16.14 22.902 8,173,078.13$ 2,458,569 40,976 B-7 In terms of the number of 56-unit cars patrolling the City in a given shift, based on one unit equating to approximately 1.63 personnel and a single deputy per car, during the EM shift there is generally 5 cars, AM shift generally 5 cars, and PM shift generally 7 cars. Figure 1 - 56 Hour Units Scheduled by Shift Non-Relief Units: Non-Relief Units are positions assigned to a specific deputy and general cost less than a 56 Unit. These positions are non-relief; therefore, the shift will not be filled if the deputy assigned is off duty, or not reporting to work due to illness or vacation . However, the contracted minutes must still be met, so if a certain shift’s minutes are not met, it may be “made-up” during a different shift over the year generally within the reporting month. For the City’s contract, non-relief deputies consist of the following: • Non-Relief Deputy Sheriff The current Annual 575 provides 1.36 Units staffed with 1.36 personnel for traffic enforcement in the City of Rancho Palos Verdes distributed to 0.68 units in the AM and 0.68 units in the PM (no unit is assigned for EM Shift). There is generally one Non-Relief Deputy shared by the three contract law cities on the Peninsula portioned according to the following formula Rancho Palos Verdes (68%), Rolling Hills Estates (28%), and Rolling Hills Estates (4%). • Non-Relief Bonus I Deputy Sheriff The current Annual 575 provides 2.04 units staffed with 2.04 personnel for Surveillance and Apprehension Team (SAT). These units are detectives assigned to burglaries and burglary investigation. “Bonus” classification indicates increased skill or training. B-8 56-HOUR UNITS SCHEDU PER SHIFT LED ■EM ■AM ■PM • Non-Relief Grant Special Assignment Deputy The current Annual 575 provides 1.36 units staffed with 1.36 personnel. This position is partially funded by Citizen’s Option for Public Safety (COPS) grant funds, which are allocated annually by the state for front-line law enforcement programs. These deputies are known as the Community Response Team (CORE) and are shared by the other contract cities on the Peninsula. The CORE Team works with the schools and addresses other community concerns. The CORE deputies may be re-assigned based on community needs. • Non-Relief Motor Deputy The current Annual 575 provides 0.68 units staffed with 0.68 motor deputy personnel for traffic enforcement. Currently, this position is vacant and there is not an anticipated return to service date. Although this non-relief unit is shown on the 575, until the position is filled, the City is not being billed for these minutes based on the monthly invoices. Liability Trust Fund The Liability Trust Fund, as discussed under the MLESA section of this report, is incorporated into the Sheriff’s unit cost. This assessed surcharge varies annually based on lawsuits against the LASD, payoffs for legal charges, and the increasing cost of insurance policies. The liability surcharge increased to 12.5% from 12% this fiscal year. 575 Minute Compliance The service level agreed to in the 575 stipulates the minutes of service allocated annually to the City of Rancho Palos Verdes. All minutes are filled by the Lomita Station with sworn LASD deputies. Minutes are logged daily by each deputy and are coded by the call, observation work, or patrols in the City. The minutes are assigned to the agency where the call was generated or by the patrol area the deputy is assigned (i.e., Rancho Palos Verdes, Rolling Hills, or Rolling Hills Estates). When a patrol deputy receives a call for service, they assign those minutes from the start of responding to the call and conclude the minutes when the call is completed. Deputies are assigned to patrol certain areas in the City. The Station Captain monitors the minutes and makes necessary adjustments based on delivered services. Day-to-day or year-to-date minutes may favor one service area over another, but the minutes should balance by the end of the year. If the monthly service compliance falls below 98%, the Station Captain shall meet with the City Manager to determine a resolution, such as overtime or other measures taken at no additional cost to the City. The Sheriff’s Department makes concerted efforts to exceed monthly servi ce compliance. Mutual Aid Within the contract with LASD, the City agrees that, at the Sheriff’s Department’s sole discretion, the department may redeploy personnel for mutual aid purposes. Although B-9 certain deputies are assigned to the City or the Peninsula region, with this understanding of mutual aid, backup may be requested in a different city at any time. If deputies are sent to another city, the minutes will either be billed to that city, or may be absorbed through other cities’ 575. ADDITIONAL INFORMATION: Supplemental Patrol (Overtime) In addition to the Sheriff’s 575 contract, the City has the ability to fund directed patrols to address specific community issues. Funding for these areas is budgeted under Public Safety – Professional/Technical Services – Supplemental Patrol, rather than through the contracted general law enforcement services. In contrast to 575 56-Hour Units, LASD is not contractually obligated to fulfill the request for supplemental patrols by the City. Supplemental patrols are requested by City Staff, in consultation with the Public Safety Subcommittee, for traffic enforcement and crime suppression. Staff has included $70,000 in the FY 2024-25 budget to provide directed supplemental patrols. This is consistent with the previous fiscal year to reflect the number of hours likely to be scheduled by LASD. Unlike contracted hours, overtime requests are not obligated to be filled, and hours received are typically less than the hours requested. The cost for Supplemental Overtime for FY 2023-24, between July 1 and May 31, 2024, is approximately $42,690. Additional overtime enforcement will continue to be requested based on crime and traffic trends in the City. Budget adjustments for supplemental patrols may be requested at a future date, depending on the City’s directed overtime needs. Public Safety Division On May 2, 2023, the City Council approved a two -year pilot program to create a Public Safety Services Division housed within the City Manager’s Department. The goal of this pilot program is to provide additional services, increase visibility and responsiv eness by utilizing non-sworn Public Safety Liaisons to perform non -emergent support without sacrificing service but minimizing annual increases in the LASD contract over time. This pilot program was presented to the City Council in response to residents’ c oncerns regarding increasing public safety needs and the rising cost of the LASD agreement. The two-year pilot program was approved at $279,600 in FY 2023-24 and $380,200 in FY 2024-25 (approximately $60,000 is one-time costs) from the General Fund, added to the existing public safety budget. The funding approved adds two part-time 30-hour Public Safety Services Mangers and adds one or more part-time community services liaisons (partially funded with transferring positions from Recreation and Parks to the Public Safety Division). The funding that was added to the public safety budget is for a two-year pilot program, however, since the program has not started yet, the $279,600 in FY 2023 -24 will be unspent by year-end. B-10 In February, the City Council Subcommittee met with Lomita Station Captain Kimberly Guerrero and staff to discuss reduction in service level option prepared by Contract Law. After this meeting, it was determined that we should continue our service level agreement as is, making no adjustments to the number of units serving the City while we launch the Public Safety Division pilot program. On February 20, 2024, the City Council received a status update on the implementation progress of the Public Safety Division and the presentation included ways to use non-sworn City personnel to augment LASD services and to explore ways to reduce the annual contract cost while still providing public safety services to the community. Recruitment of the Public Safety Managers began in late May, applications are under review and anticipate filling the positions this summer. The existing Parking Ranger classification has been converted to Public Safety Liaisons, existing staff in those classifications have begun processing with LASD backgrounds through the station, they have conducted a site visit to Commerce Public Safety, and will undergo training once the background process is completed. City council has approved the purchase of a Public Safety Vehicle and radios for the new division which are anticipated to arrive in June and be programmed for use in the next fiscal year. Crime Statistics Part I Crimes are reported by the LASD through weekly crime reports. Rancho Palos Verdes consistently has significantly lower Part I crimes compared to Los Angeles County and the state. In years past, staff compared the City to nationwide averages compiled by the Federal Bureau of Investigation (FBI); however, the FBI has migrated its reporting to a new system, the National Incident-Based Reporting System (NIBRS), and the most recent data available is from September 2022. The data submitted to the NIBRS database represents a small percentage of law enforcement agencies in California and has not been included in this staff report. Part I Crimes have two categories: violent crimes and property crimes, including burglaries and thefts. To date for calendar year 2023, Part I Crimes in the City totaled 365 compared to 443 Part I crimes committed in 2022, according to Part I crime data collected from LASD weekly crime reports. Prior to 1998, the City saw an annual average of 800 Part I crimes. Crime mapping for FY 2023-24 and a Part I crime graph from Quarter 2 of 2019 through May 2024 are attached (Attachment D). Mobile Digital Communications Staff has access to the Mobile Digital Dashboard (MDD) which is used to monitor the 575 contract through deployment scheduling, reviewing staffing levels per patrol unit, and analyzing contract billing. B-11 CONCLUSION: The City Council is being asked to approve the five-year MLESA (Attachment B) between the County, Los Angeles Sheriff’s Department and the City to provide public safety service by adopting the attached resolution (Attachment A) and to approve the annual 575 fo rm (Attachment C) in the final form ready for signature. Staff recommends the City Council authorize the City Manager to sign the LASD Service Level Authorization for FY 2024-25. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for City Council’s consideration: 1. Direct Staff to change the service levels by increasing or decreasing dedicated units. 2. Take other action, as deemed appropriate. B-12 RESOLUTION NO. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, APPROVING A FIVE-YEAR MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA) WITH THE COUNTY OF LOS ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2029 WHEREAS, The City of Rancho Palos Veres, California (City) and the County of Los Angeles (County) have previously entered into a Municipal Law Enforcement Service Agreement (MLESA) whereby the County through its Sheriff’s Department (LASD) provides general and additional law enforcement services within the jurisdiction of the City; and WHEREAS, the current MLESA expires on June 30, 2024, and the City desires to continue receiving general and additional law enforcement services from the County through the LASD for an additional five years; and WHEREAS, the City intends to enter into an MLESA for a period starting July 1, 2024 through June 30, 2029 and to procure and allocate funds for such general law and additional services up to such amount appropriated in the City’s Annual Operating and Capital Budgets; and WHEREAS, the City relies upon the City Manager or designee in partnership with the Station Captain of the LASD to implement the MLESA in such manner to best protect the public safety interests of the City of Rancho Palos Verdes and to make such operational changes as necessary to implement the MLESA and fulfill the public safety needs of the City. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Rancho Palos Verdes does hereby resolve that: Section 1. The City Council of the City of Rancho Palos Verdes hereby approves the MLESA between the City and the County for law enforcement and additional services for a five-year period beginning July 1, 2024 and expiring on June 30, 2029. Section 2. The City Manager is authorized by the City Council of the City of Rancho Palos Verdes to execute the MLESA on behalf of the City. Section 3. The City Manager or his designee is authorized to procure annual services up to the appropriated amount provided in the City’s Annual Operating and Capital Budgets and to make any such operational changes to further the public safety interest of the City. Permanently deleting or adding positions will be brought back to the B-13 City Council for authorization and approval. Section 4. The City requests that the Los Angeles County Board of Supervisors, or its designated agent or agency, approve and authorize the performance of services requested in this resolution, subject to the terms and conditions set forth in the MLESA and any other relevant agreement(s). Section 5. The City Clerk shall attest and certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Rancho Palos Verdes, California, on this 18th day of June 2024. John Cruikshank, Mayor ATTEST: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the foregoing Resolution No. 2024-__, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2024. __________________________________ Teresa Takaoka, City Clerk B-14 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............................................................................................................. 1 1.0 SCOPE OF SERVICES…………............................................................ 1 2.0 ADMINISTRATION OF PERSONNEL................................................. 2 3.0 DEPLOYMENT OF PERSONNEL......................................................... 3 4.0 PERFORMANCE OF AGREEMENT.................................................... 6 5.0 INDEMNIFICATION............................................................................... 7 6.0 TERM OF AGREEMENT........................................................................ 8 7.0 RIGHT OF TERMINATION................................................................... 9 8.0 BILLING RATES….................................................................................. 9 9.0 PAYMENT PROCEDURES.................................................................... 10 10.0 NOTICES……………………................................................................... 11 11.0 AMENDMENTS…………….................................................................... 11 12.0 AUTHORIZATION WARRANTY......................................................... 12 13.0 ENTIRE AGREEMENT.......................................................................... 12 SIGNATURES....................................................................................................... 13 ATTACHMENT A: Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet ATTACHMENT C: Public Safety Equipment Use Requirements B-15 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF RANCHO PALOS VERDES This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this 18th day of June, 2024 by and between the County of Los Angeles ("County") and the City of Rancho Palos Verdes ("City"). RECITALS A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriff’s Department ("Sheriff's 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, this Agreement is authorized by Sections 56½ and 56¾ 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 Sheriff's 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 Sheriff's Department under the County Charter, 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. B-16 2.0 ADMINISTRATION OF PERSONNEL 2.1 During the term of this Agreement, the Sheriff or his designee shall serve as the 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 Sheriff's 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. The City understands and agrees that, at the Sheriff’s Department’s sole discretion, the Sheriff’s Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City’s contracted items, with the calculation determined by service unit type, requires consultation with the City manager or his/her designee. For the purpose of this section, exigent circumstances are defined as such cases where the immediacy of deployment is of such nature where prior consultation is materially detrimental to public safety and the length of such deployment does not exceed 24 hours. 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's Department and the City. The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriff’s Department Assistant Sheriff or the Sheriff. 2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriff's 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 B-17 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. The Sheriff’s Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions. 2.6 While performing law enforcement services and functions under this Agreement, every Sheriff’s Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances. 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 the 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 the performance of services 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 Sheriff's Department and indicated on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. 3.2 The City, or its designated representative, shall meet with its respective Sheriff's 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 City and the B-18 Sheriff’s Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. 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) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriff’s Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriff's Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriff's Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service compliance falls below ninety-eight percent (98%) for each service unit type, then the Sheriff's 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%) for each service unit type, then the respective Sheriff's Department Division Chief shall meet with the Sheriff's Department Station Captain and the City to discuss compliance and identify a plan for resolution. If the City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriff's 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, staffing adjustments, and/or City-initiated service suspensions, at no additional cost to the B-19 City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above. 3.3.1 The Sheriff’s Department shall monitor and make every attempt to backfill vacant and impaired (to include loaned) sworn supervisorial overhead positions by the beginning of the following quarter. 3.3.2 The Sheriff’s Department will work with the City to provide an appropriate tool and/or reports to demonstrate adequate service level compliance under this Agreement. Such service level compliance reports include, but not limited to, daily staffing levels, service levels, deployment of service units, daily deputy activity, or similar type data that is reasonably available. 3.4 A new Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, and attached hereto as an Amendment to this Agreement. 3.5 Should the City request a change in the level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement. 3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) 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 Service Level Authorization (SH-AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff’s Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement under the procedures set forth B-20 in Paragraphs 3.4 and 3.5 above. 3.8 With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement. 3.9 When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575) , and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle. 4.0 PERFORMANCE OF AGREEMENT 4.1 For the purpose of performing general law enforcement services under this Agreement, the County shall furnish and supply all necessary labor, supervision, equipment, technology, 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. 4.2.1 All bailments require a separate Bailment Agreement governing the County’s use of the bailed equipment. Such Bailment Agreements shall be administered at the station level. A bailment is a legal arrangement where one party (City) temporarily transfers possession of specific property or assets to another party (County) to facilitate the provision of certain services. 4.2.2 All donations made by a City to the County will be governed by the most current Sheriff’s Department donation procedures. 4.2.3 The County, through the Sheriff’s Department, acknowledges its obligation to maintain an inventory of all non-vehicle equipment owned by the City (“City Equipment”) provided to the County for its use. The inventory shall include, but not limited to, a detailed description of each item of City Equipment, its serial number (if applicable), its condition upon receipt, and its location. The County shall be responsible for regularly updating and maintaining the inventory of City Equipment, including documenting any changes in the status, condition, or location B-21 of equipment. The inventory shall be kept current and accurate at all times during the term of this Agreement. Upon request by the City, the County shall provide access to the inventory records and facilitate any necessary inspections or audit of the City Equipment. The County shall cooperate fully with the City in verifying the accuracy and completeness of the inventory. In the event of loss, damage, or theft of any City Equipment while under the custody or control of the County, the County shall promptly notify the City in writing and provide a detailed explanation of the circumstances surrounding the incident. All inventory records shall be completed and maintained at the station level. 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’s Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff’s Department 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 the City, such local office or building may be used by the Sheriff’s Department in connection with the performance of its 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 the 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 County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County 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. B-22 5.2 The parties hereto have also executed a County-City Special Indemnity Agreement approved by the County 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 County Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 5.4 Notwithstanding anything to the contrary contained in the Agreement, the indemnification term under this section shall be in effect for a period of nine (9) months, through and including March 31, 2025, with an automatic six-month (6) renewal thereafter, through and including September 30, 2025 (“Indemnification Extension”), unless: (a) this section is amended at any time prior to September 30, 2025; or (b) the entire Agreement is terminated earlier, pursuant to Section 7.0 of this Agreement. If the parties continue to perform under the Agreement after the expiration of the Indemnification Extension without any amendment to this section in accordance with Section 11.0, then the indemnification term under this section will be automatically renewed and in corporated herein for the entire duration of this Agreement. 6.0 TERM OF AGREEMENT 6.1 The term of this Agreement shall be from July 1, 2024 through June 30, 2029, 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. B-23 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 one hundred eighty (180) 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 County. 7.3 This Agreement may be terminated at any time, 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. 7.5 In the case of termination of this Agreement, the Sheriff will provide only such duties as are required by law. 8.0 BILLING RATES 8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor-Controller. 8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, published by the County, 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 at the current fiscal year’s billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County B-24 Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. 8.4 The billing rates for other services and equipment requested pursuant to Paragraph 3.7 of this Agreement and not set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. 9.0 PAYMENT PROCEDURES 9.1 The County, through the Sheriff's Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice. 9.2 If such payment is not delivered to the County office which is described on the 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 the County with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized. 9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the invoice due date, 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 B-25 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. 10.2 Notices to the County shall be addressed as follows: Los Angeles County Sheriff's Department Contract Law Enforcement Bureau Attn: Unit Commander 211 W. Temple Street. 7th Floor Los Angeles, California 90012 Phone #: 213-229-1647 10.3 Notices to the City of shall be addressed as follows: City of Rancho Palos Verdes Attn: Ara Mihranian, City Manager Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Phone #: 310-544-5207 11.0 AMENDMENTS 11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, 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. 11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement. 11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual B-26 revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party. 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, including Attachment A, Attachment B, and Attachment C, and any 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. B-27 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 Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below. COUNTY OF LOS ANGELES By ________________________________ ROBERT G. LUNA Sheriff Date _______________________________ CITY OF RANCHO PALOS VERDES By ________________________________ Ara Mihranian, City Manager Date _______________________________ ATTEST: By__________________________ City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: DAWYN R. HARRISON CITY ATTORNEY County Counsel By _________________________ By _________________________ Principal Deputy County Counsel Elena Gerli, City Attorney B-28 CITY:FISCAL YEAR: ATTACHMENT A LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES SERVICE LEVEL AUTHORIZATION (SH-AD 575) DRAFT ONLY - NOT FOR SIGNATURE DEPUTY SHERIFF SERVICE UNIT 7/1/2024EFFECTIVE DATE:2024-2025Rancho Palos Verdes RANK RELIEF FACTOR SERVICE CODE NEW PRE V . CH A N G E ANNUAL RATE ESTIMATED TOTAL ANNUAL COST LIABILITY 12.5% TOTAL ANNUAL COST W/LIABILITY ANNUAL HOURS PER SERVICE UNIT ANNUAL HOURS SCHEDULED ANNUAL MINUTES SCHEDULED PERSONNEL REQUIRED Deputy Sheriff 56-Hour Unit 307 10.70 10.70 0.00 516,493.00$ 5,526,475.10$ 690,809.39$ 6,217,284.49$ 2,920 31,244 1,874,640 17.462 Deputy Sheriff Non-Relief 310 1.36 1.36 0.00 335,385.00$ 456,123.60$ 57,015.45$ 513,139.05$ 1,789 2,433 145,982 1.360 0.00 -$ 0 0 0.000 DEPUTY SHERIFF SERVICE UNIT (BONUS) RANK RELIEF FACTOR SERVICE CODE NE W PRE V . CH A N G E ANNUAL RATE ESTIMATED TOTAL ANNUAL COST LIABILITY 12.5% TOTAL ANNUAL COST W/LIABILITY ANNUAL HOURS PER SERVICE UNIT ANNUAL HOURS SCHEDULED ANNUAL MINUTES SCHEDULED PERSONNEL REQUIRED Deputy Sheriff, Bonus I Non-Relief 305 2.04 2.04 0.00 361,026.00$ 736,493.04$ 92,061.63$ 828,554.67$ 1,789 3,650 218,974 2.040 0.00 -$ 0 0 0.000 GROWTH/GRANT DEPUTY UNIT RANK RELIEF FACTOR SERVICE CODE NEW PRE V . CH A N G E ANNUAL RATE ESTIMATED TOTAL ANNUAL COST LIABILITY 12.5% TOTAL ANNUAL COST W/LIABILITY ANNUAL HOURS PER SERVICE UNIT ANNUAL HOURS SCHEDULED ANNUAL MINUTES SCHEDULED PERSONNEL REQUIRED Grant Special Assignment Deputy Non-Relief 312 1.36 1.36 0.00 233,680.00$ 317,804.80$ 39,725.60$ 357,530.40$ 1,789 2,433 145,982 1.360 0.00 -$ 0 0 0.000 0.00 -$ 0 0 0.000 0.00 -$ 0 0 0.000 SUPPLEMENTAL POSITIONS RANK RELIEF FACTOR SERVICE CODE NE W PRE V . CH A N G E ANNUAL RATE ESTIMATED TOTAL ANNUAL COST LIABILITY 12.5% TOTAL ANNUAL COST W/LIABILITY ANNUAL HOURS PER SERVICE UNIT ANNUAL HOURS SCHEDULED ANNUAL MINUTES SCHEDULED PERSONNEL REQUIRED Motor Deputy Non-Relief 305A 0.68 0.68 0.00 335,385.00$ 228,061.80$ 28,507.73$ 256,569.53$ 1,789 1,217 72,991 0.680 0.00 -$ 0 0 0.000 0.00 -$ 0 0 0.000 0.00 -$ 0 0 0.000 Estimated Cost for Service Units: 8,173,078.13$ The terms of this Service Level Authorization (SH-AD 575) will remain in effect until a subsequent SH-AD 575 is signed and received by LASD. Notwithstanding, annual rates shall be revised annually per Sections 8.2 and 11.3 of the MLESA. LASD Approval By:Report Prepared By: DATE DATE City Approval By: Processed at CLEB By: DATE DATE 8,173,078.13$ "I certify that I am authorized to make this commitment on behalf of the City." 7,264,958.34$ CITY OFFICIAL NAME SIGNATURE UNIT COMMANDER NAME SERGEANT Estimated Subtotal:Total Liability (12.5%):908,119.79$ -$ Public Safety Equipment Cost (See page 3): Estimated Total Annual Cost: SIGNATURE SERGEANT SH-AD 575 (REV. 04/18)Page 1 of 1B-29 //// I W I I I //// //// B-30 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN SECTION COUNTY OF LOS ANGELES AND CITY OF RANCHO PALOS VERDES TABLE OF CONTENTS TITLE PAGE RECITALS............................................................................................................. 1 1.0 SCOPE OF SERVICES........................................................................ 1 2.0 ADMINISTRATION OF PERSONNEL................................................. 2 3.0 DEPLOYMENT OF PERSONNEL......................................................... 3 4.0 PERFORMANCE OF AGREEMENT.................................................... 5 5.0 INDEMNIFICATION............................................................................... 6 6.0 TERM OF AGREEMENT........................................................................ 6 7.0 RIGHT OF TERMIN'ATION................................................................... 7 8.0 BILLIN"G RATES..................................................................................... 7 9.0 PAYMENT PROCEDURES.................................................................... 8 10.0 NOTICES........................................................................................... 9 11.0 AMENDMENTS................................................................................... 9 12.0 AUTHORIZATION WARRAN"TY......................................................... 10 13.0 ENTIRE AGREEMENT.......................................................................... 10 SIGNATURES....................................................................................................... 11 ATTACHMENT A: Los Angeles County Sheriff's Department Service Level Authorization (SH-AD 575) Form ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet ATTACHMENT C: Public Safety Equipment Use Requirements B-31 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF RANCHO PALOS VERDES This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this /t,t,-f1.. day of "JWt-'--, 2019 by and between the County of Los Angeles ("County") and the City of Rancho Palos Verdes ("City"). RECITALS A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriffs Department ("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, this Agreement is authorized by Sections 56½ and 56¾ 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, 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. 1 B-32 2.0 ADMINISTRATION OF PERSONNEL 2.1 During the term of this Agreement, the Sheriff or his designee shall serve as the 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. The City understands and agrees that, at the Sheriffs Department's sole discretion, the Sheriffs Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City's contracted items requires consultation with the City manager or his/her designee. 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. The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriffs Department Assistant Sheriff or the Sheriff. 2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriffs Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto. 2.5 All City employees who work in conjunction with the Sheriffs Department pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted 2 B-33 by the City and the County. The Sheriffs Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions. 2.6 While performing law enforcement services and functions under this Agreement, every Sheriffs Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances. 2.7 The City shall not be called upon to assume any liability for the direct payment of any Sheriffs Department salaries, wages, or other compensation to any County personnel performing services hereunder for the 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 the performance of services 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 Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement. 3.2 The City, or its designated representative, shall meet with its respective Sheriffs Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriffs Department Station Captain regarding the method of deployment for such services. The City and the Sheriffs Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles 3 B-34 County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. The Sheriffs Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City. 3 .3 The Sheriffs Department shall make every attempt to avoid deployment deficiencies (i.e., "busting" of cars) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriffs Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriffs Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriffs Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service 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 the City to discuss compliance and identify a plan for resolution. If the 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, staffing adjustments, and/or City-initiated service suspensions, at no additional cost to the City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above. 3 .4 A new Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, 4 B-35 and attached hereto as an Amendment to this Agreement. 3.5 Should the City request a change in the level of service other than pursuant to the annual July I readjustment, a revised Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement. 3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff's Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be the staffing level in effect between the County and the City. 3. 7 The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff's Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, ofthis Agreement under the procedures set forth in Paragraphs 3.4 and 3.5 above. 3.8 With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement. 4.0 PERFORMANCE OF AGREEMENT 4.1 For the purpose of performing general law enforcement services under this Agreement, the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder. 4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services. 4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriff's Department substation 5 B-36 within the City which would not normally be provided by the Sheriff's Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriffs Department 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 the City, such local office or building may be used by the Sheriff's Department in connection with the performance of its 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 Notwithstandi11:g 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 the 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 County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County 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 County 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 County Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 6.0 TERM OF AGREEMENT 6.1 The term of this Agreement shall be from July 1, 2019 through June 30, 2024, 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 6 B-37 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 County. 7.3 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) calendar days before the date specified for such termination. 7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 BILLING RATES 8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor-Controller. 8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement 7 B-38 Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, published by the County, 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 at the current fiscal year's billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement. 8.4 The billing rates for other services and equipment requested pursuant to Paragraph 3.7 of this Agreement and not set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. 9.0 PAYMENT PROCEDURES 9.1 The County, through the Sheriffs Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice. 9 .2 If such payment is not delivered to the County office which is described on the 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 the 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 8 B-39 in the case of disputed amounts, calculated from the date the resolution 1s 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. 10.2 Notices to the County shall be addressed as follows: Los Angeles County Sheriffs Department Contract Law Enforcement Bureau Attn: Unit Commander 211 W. Temple Street. 7th Floor Los Angeles, California 90012 Phone#: 213-229-1647 10.3 Notices to the City of shall be addressed as follows: City of Rancho PalosDVerdes /lif.u 1 , . Attn: 6,,bn1//o_ Y"f, l'f1l-f Y-:-_ · J ""'()rt~ Address: 301 Lf-0 ,-kvfsi 8171 ~ fJ{,vd ~0 f'a({)$ Vk,1~~1 CA 1oz 75 Phone #: '3/o _ ,'-IL/ -S'µn> 11.0 AMENDMENTS 11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, 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 9 B-40 authorized representative of the City. 11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement. 11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party. 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, including Attachment A, Attachment B, and Attachment C, and any 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. B-41 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 Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below. APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By API•llOVAt ON (?JI.E Principal Deputy County Counsel COUNTY OF LOS ANGELES By ~~ Sheriff Date o-i/'1!2. /t' CITY OF RANCHO PALOS VERDES APPROVED AS TO FORM: CITY ATTORNEY By~•,A<:Jt 11 B-42 CITY : : I Grant Deputy Generalist • • I Motor Deputy LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES SERVICE LEVEL AUTHORIZATION (SH-AD 575) Rancho Palos Verdes FISCAL YEAR : 20 19-2020 ------------------------ 56-Hour Unit 427,104.00 Non-Relief 277,340.00 Non-Relief Non-Relief Non-Relief 297,689.00 2,920 1,789 1,789 1,789 ATTACHMENT A EFFECTIVE DATE : 7/1/20 19 ------------ 31 ,244 1,874,640 17.462 6,011 360,662 3.360 • • • 3,650 218,974 2.040 0 0 0.000 ... 72,991 0.680 0 0 .000 Total Liability (11 %): _$ ______ 7_2_2~,3_8_5._2_6 Estimated Subtotal: -'-$ ______ --'7,'-2_89-',_52_3_.9_8_ Public Safety Equipment Cost (See page 3): $ 9 ,300 .00 Estimated Total Annual Cost : $ 7,298,823.98 The terms of this Service Level Authorization (SH -AD 575} will remain in effect until a subsequent SH-AD 575 is signed and received by LASO . Notwithstanding, annual rates shall be revised annually per Sections 8.2 and 11.3 a/ the MLESA. LASO Approval By : A/Captain Lieutenant Michael White UNIT COMMANDER NAME SIGNATURE City Approval By : C. \ \ '( "I Mfy~t ~d to make this co mmitment on behalf of the City." Cl)0\/6 W(\...\..~ll'-'e l,{/LAJA9.JL,..__ CITY OFFICIAL NAME SIGNATURE SH-AD 575 (REV. 04/18) Report Prepared By : SERGEANT Processed at CLEB By : 5~:,-ILl-t.5T'l:--JV }¥St:,,ll(r,-,o SERGEANT DATE 7/.:r)1 DATE Page 1 of 3 B-43 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES SERVICE LEVEL AUTHORIZATION (SH-AD 575) DEPLOYMENT OF PERSONNEL ATTACHMENT A Rancho Palos Verdes Fiscal Year: 2019-2020 Effective Date : 7/1/2019 GENERAL LAW TRAFFIC LAW SERVICE UNIT TOTAL UNITS PURCHASED EM AM PM EM AM PM DEPUTY SHERIFF Non-Relief 3.36 0 .68 0 .68 40-Hour Unit 0 .00 56-Hour Unit 10.70 1.57 4 .26 4 .87 70-Hour Unit 0 .00 Motor (Non-Relief) 0 .68 DEPUTY BONUS Non-Relief 2 .04 40-Hour Unit 0 56-Hour Unit 0 70-Hour Unit 0 GROWTH DEPUTY Deputy 0 SAD 0 Bonus I 0 Motor (Non-Relief) 0 GRANT DEPUTY Deputy 1 .36 SAD 0 Bonus I 0 Motor (Non-Relief) 0 Routine City Helicopte r Billing Agreement License Detail -Business License & Renewal Applications License Detail -Acts on Violations Observed within the City S.T.A.R . Deputy Program Other Supplemental Services NOTE: License Detail is billed on an hourly basis and billed monthly as service is provided. Lieutenant Sergeant Bonus Deputy Motor Deputy Hours 0 0 3,650 M inutes 0 0 218 ,974 Personnel 0.000 0.000 p~L :,Z 1"23S,3°2 SA~ ·, I L-fS/'1 i 3 Hours Minutes Personnel FOR CONTRACT LAW ENFORCEMENT BUREAU USE ONLY B ILLING MEMO REQUIRED AND SUBMITTED: YE~ NO □ (PERSONNEL TRANSACTION REQUEST) "PTA " REQUIRED AND SUBMITTED : YES □ NO □ ORGANIZATIONAL CHART REQUIRED AND SU BMITT ED : YES O NO 0 DUTY STATEMENT REQUIRED AND SUBMITTED : YES □ NO 0 SMS DEPLOYMENT CONTRACT UPDATED: YES~ NO 0 MINUTE PROGRAM IN RAPS UPDATED: YES~ NO □ SH-AD 575 (REV . 04/18) 1,217 72 ,991 0 0 0 .000 NIA □ NI~ NIAE]" NIA°8 NIA □ NIA □ -------- MOTOR SAD D.B. TEAM TOTAL UNITS DEP LEADER ASSIGNED 2 3.36 0 10.7 0 0 .68 0 .68 2.04 2 .04 0 0 0 0 0 0 0 1.36 1 .36 0 0 0 YES D NO 0 YES 0 NO □ YES 0 NO 0 YES D NO 0 YES D NO 0 Deputy SAD 39,688 0 2,381 ,285 0 22.182 0.000 LET /CSA/CA/PCO Clerical 0 0 0 0 0.000 0.000 Initials City Official : ~ Unit Commander: ~ ~ Page 2 of 3 B-44 START-UP VEHICLE EQUIPMENT ALPR System 5th Yea r LOS ANGELES COUNTY SHERIFF 'S DEPARTMENT -CONTRACT CI TY LAW ENFORCEMENT SERVICES SERVICE LEVEL AUTHORIZATION (SH-AD 575) PUBLIC SAFETY EQUIPMENT ATTACHMENT A CITY: Rancho Palos Verdes FISCAL YEAR : 20 19-2020 •• •• $ 4,650,00 $ 9,300,00 In it i als City Official :~ Unit Commander : MM SH-AD 5 75 (REV , 04/1 8) Page 3 of 3 B-45 Fiscal Year: ATTACHMENT B 2019-2020 CONTRACT CITY LAW ENFORCEMENT SERVICES AND EQUIPMENT M ASTER RATE SHEET Liability Rate: 11.0% DSSU Rates Rank Relief Factor Annual Rate Service Code Deputy Sheriff Non -Relief $ 277,340 310 Deputy Sheriff 40-Hour Unit $ 305,074 306 Deputy Sheriff 56 -H our Unit $ 427,104 307 Deputy Sheriff 70-Hour Unit $ 533,880 308 Special Assignment Deputy Non-Relief $ 277,340 310 Catalina Deputy Non-Relief $ 251,447 324 DSSU Bonus I Rates Rank Relief Factor Annual Rate Service Code Deputy Sheriff, Bonus I Non -Relief $ 297,689 305 Deputy Sheriff, Bonus I 40-Hour Unit $ 327,458 301 Deputy Sheriff, Bonus I 56-Hour Unit $ 458,441 302 Deputy Sheriff, Bonus I 70-Hour Unit $ 573,051 303 Growth/Grant Deputy Rates Rank Relief Factor Annual Rate Service Code Growth Deputy Generalist Non-Relief $ 187,904 335 Growth Deputy Generalist 40-Hour Unit $ 219 ,096 NEW Growth Deputy Generalist 56-Hour Unit $ 306,659 NEW Growth Deputy Generalist 70-Hour Unit $ 383,324 NEW Growth Special Assignment Deputy Non-Relief $ 187,904 335 Growth Deputy Bonus I Non -Relief $ 204,614 336 Growth Motor Deputy Non-Relief $ 204,614 336 Grant Deputy Generalist Non-Relief $ 187,904 386 Grant Special Assignment Deputy Non-Relief $ 187,904 386 Grant Deputy Bonus I Non-Relief $ 204,614 385 Grant Motor Deputy Non-Relief $ 204,614 385 Supplemental Rates Rank Relief Factor Annual Rate Service Code Captain Non-Relief $ 372,948 321 Lieutenant Non-Rel ief $ 292,903 342 Sergeant Non -Relief $ 247,580 353 Motor Sergeant Non-Relief $ 260,980 348 Motor Deputy Non-Relief $ 297,689 305A Watch Deputy Non-Relief $ 197,964 354 Community Services Assistant (w/ veh) Non-Relief $ 67,799 325 Community Services Assistant (w/out veh) Non -Reli ef $ 67,262 327 Crime Analyst Non-Relief $ 136,806 329 Custody Assistant Non-Relief $ 110,950 331 Forensic ID Specialist II Non-Relief $ 166,233 356 Information Systems Analyst I Non-Relief $ 151,728 332 Intermediate Clerk Non-Relief $ 75,027 338 Law Enforcement Technician (w/ veh) Non-Relief $ 104,538 340 Law Enforcement Technician (w/out veh) Non-Relief $ 100,525 339 Operations Assistant I Non -Relief $ 99 ,045 343 Operations Assistant II Non-Relief $ 123,045 344 Operations Assistant Ill Non-Rel ief $ 140,907 345 Secretary V Non-Relief $ 107,191 346 Security Assistant Non -Relief $ 52,874 362 Security Officer Non-Relief $ 83,761 347 Senior Information Systems Analyst Non -Relief $ 198,501 334 Station Clerk II Non-Relief $ 91,989 351 Skynight Observer Non -Rel ief $ 297,689 349 Supervising Station Clerk Non-Relief $ 111,223 352 Master Rate Sheet Page 5 of 6 B-46 CONTRACT CITY LAW ENFORCEMEN T SERVICES AND EQUIPMENT MASTER RATE SHEET Vehicle & Equipment Rates Start-Up Vehicle Year Annual Rate Service Code B/W Patrol Vehicle 2019-2020 $ 86,906.58 378 B/WTahoe 2019-2020 $ 85,155 .98 399 B/W Motorcycle 2019-2020 $ 44,988.18 381 Solid Patrol Vehicle 2019-2020 $ 81,417 .79 NEW Solid Sedan 2019-2020 $ 48,384.52 379 CSO/SSO Sedan 2019-2020 $ 64,661.60 NEW K-9 Vehicle 2019-2020 $ 87 ,811.35 NEW Equipment Year Annual Rate Service Code MDC New Purchase , Data & Maintenance Year 1 $ 13,142 NEW MDC (CF-31/19) Only Initiated FY 18/19 Year 2 $ 7,771 376D MDC Data & Maintenance Only Year 3+ $ 1,685 NEW ALPR New Install 1st Year (Syr Program) Year 1 $ 5,000 NEW ALPR System 2nd Year Year 2 $ 4,650 NEW ALPR System 3rd Year Year 3 $ 4,650 NEW ALPR System 4th Year Year4 $ 4,650 NEW ALPR System 5th Year Year 5 $ 4,650 NEW Annual revised rates sha ll be readjusted annually per Sections 8.2 and 11.3 of the MLESA . Master Rate Sheet Page 6 of 6 B-47 Attachment C PUBLIC SAFETY EQUIPMENT USE REQUIREMENTS 1.0 TRANSFER OF PUBLIC SAFETY EQUIPMENT 1.1 The County, through the Sheriffs Department, hereby transfers the public safety equipment set forth on Attachment A, Los Angeles County Sheriffs Department Service Level Authorization (SH-AD 575) Form, of this Agreement ("Equipment") for the exclusive use of the City during the term of the Agreement. 2.0 USE OF EQUIPMENT 2.1 The City may use the Equipment for any lawful purpose, including use in connection with public safety activities in all areas under the City's jurisdiction. 2.2 The City shall not use or operate the Equipment in violation of any federal, state, or local law, rule, regulation, or ordinance. 2.3 The Equipment shall not be used or operated as follows: 2.3.1 In a manner subjecting the Equipment to depreciation above the normal depreciation associated with public safety use; and/or 2.3.2 For an illegal purpose or by a person under the influence of alcohol or narcotics. 3.0 SAFEKEEPING AND MAINTENANCE 3.1 The City shall exercise due care for the safekeeping of the Equipment during the term of the Agreement. 3 .2 The City shall ensure that the Equipment is kept in good working order and condition, shall ensure that the Equipment is scheduled and available to County for the performance of its regularly scheduled maintenance by the County, and shall comply in every respect with any manufacturer's/owner's manual that comes with the Equipment. 3.3 The County shall perform all maintenance and repairs required for the proper operation of the Equipment. Except as otherwise set forth herein, such maintenance and repairs are provided in exchange for the City's payment of the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement. The City has the right to inspect said Equipment prior to acceptance of the Equipment following maintenance and repairs by the County. 3 .4 Maintenance and repairs provided by the County under the Agreement may be 1 B-48 performed by the County, its third party vendors, and/or the manufacturer of the Equipment. 3.5 The County shall assume responsibility for ensuring that the Equipment has been inspected or otherwise tested in accordance with the laws of the State of California and the United States prior to use by the City. 3.6 The City shall inspect the Equipment upon initial delivery and return from County following maintenance and repair, and, by acceptance thereof, finds the Equipment in good working order and condition. 3.7 The Equipment shall be maintained and repaired solely by the County. The City and any of its third party vendors are prohibited from performing any maintenance and repairs on the Equipment. 3.8 All regularly scheduled maintenance shall be performed by the County, and the City shall timely present the Equipment to the County for the performance of regularly scheduled maintenance at the direction of, and in accordance with the policies and procedures of, the Sheriffs Department's Communications and Fleet Management Bureau. The Sheriffs Department shall make every effort to perform any maintenance in a timely manner. 3 .9 Any Equipment requiring maintenance and repair by the County for any extended length of time, as determined by the Sheriffs Department's Communications and Fleet Management Bureau, may, at the sole discretion of the County, receive a temporary replacement piece of Equipment. All terms and conditions set forth herein shall apply to the City's use of any temporary replacement Equipment provided by the County. The County shall not be responsible for any damages or liability resulting from the City's loss of use of the Equipment during the performance of maintenance and repair services by the County. 4.0 INSPECTION BY COUNTY 4.1 The County shall have the right to inspect the Equipment, immediately upon request by the County, at any time during the term of the Agreement. The City shall provide the County with such operating, and other information, or copies of any such records maintained by the City with respect to the Equipment, as the County or any government agency may require from time to time. 5.0 TITLES 5.1 The County shall retain ownership of the Equipment used by the City during the term of the Agreement. Legal title to the Equipment is, and shall, at all times, remain in the name of the County. The Equipment shall not be transferred or delivered by the City to any persons other than the County without the County's prior written consent. 2 B-49 6.0 INDEMNIFICATION 6.1 The City agrees to indemnify, defend, and hold harmless the County from any and all liability, losses, or damages the County may suffer and from any claims, demands, costs, or judgments against the County arising out of City's use or operation of the Equipment. This indemnification does not extend to (1) any liability resulting from inherent defects or malfunctions in such Equipment related to manufacturer's acts or omissions, or (2) negligent or wrongful maintenance or repair of the Equipment provided by the County. 7. RISK OF LOSS 7 .1 The City shall assume all risk of loss to the Equipment from the time it is delivered by the County to the City, and inspected and accepted by the City, until (1) the Equipment is returned to the County upon expiration or termination of the Agreement, or (2) the County regains temporary possession of the Equipment for purposes of providing maintenance and repair. 7.2 Upon inspection/acceptance of the Equipment, the City shall be responsible for any and all damage to the Equipment, except those damages resulting from (1) inherent defects or malfunctions in such Equipment related to manufacturer's acts or omissions, or (2) the negligent or wrongful maintenance or repair of the Equipment provided by the County. 7.3 In the event of damage to the Equipment or the Equipment is in need of repair, the City shall notify the County to that effect and follow such instructions that the County may provide with respect to repair or disposal of the Equipment. If the Equipment is lost, stolen, destroyed, or declared to be a total constructive loss (subject to the County's agreement as to such condition), the City shall properly notify the County thereof and hold any Equipment for disposal by the County. With respect to any loss, theft, or destruction of the Equipment, the County and the City shall negotiate the value for comparable equipment in a condition similar to the lost, stolen, or destroyed Equipment immediately prior to any such loss. The City shall reimburse the County for the value of the lost, stolen, or destroyed Equipment. 8.0 BILLING RATES 8.1 As further discussed in Section 8.0, Billing Rates, of the Agreement, the City shall pay the County for the use of the Equipment provided under the Agreement at the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement, as established by the County Auditor-Controller. 3 © 2024 Mapbox © OpenStreetMap Date 1/1/2024 to 5/25/2024 Crime Type ARSON ASSAULT ATTEMPT GRAND THEFT (AU.. BURGLARY (RESIDENTIAL) BURGLARY (VEHICLE) GRAND THEFT GRAND THEFT (AUTO) GRAND THEFT (CATALYTIC C.. GRAND THEFT (UNLOCKED V.. PETTY THEFT ROBBERY BURGLARY TOTAL CRIMES 2024 Disclaimer: The map of the City of Rancho Palos Verdes has been provided for illustration purposes only. Every reasonable effort has been made to ensure the accuracy of the maps provided, however some information may not be accurate. The City of Rancho Palos Verdes ("City") provides this map on an "AS IS" basis. The City assumes no liability for damages arising from errors or omissions. THE MAPS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this map before validating your decicion with the appropriate City office. Crime data are from the Los Angeles County Sheriff's Department and may be subject to change. PART I CRIMES IN THE CITY OF RANCHO PALOS VERDES 2019 Q1 2019 Q3 2020 Q1 2020 Q3 2021 Q1 2021 Q3 2022 Q1 2022 Q3 2023 Q1 2023 Q3 2024 Q1 2024 Q3 Date 0 20 40 60 80 100 120 Co u n t o f C r i m e T y p e PART I CRIMES SINCE JANUARY 1, 2019 B-50 Holly wood Riviera Palos Verdes Estates • • ., Wal t eria Roi ·ng Hills Estates • @) - CD •• • • .,,. Rolling Hills • . '-• ••• • • Rancho Palos Verdes • Portuguese Bend Pa los 'o'erdes Pen insula • IRONSIDES Lo m ita Harbor Hills ' -·II'! • • HARBOR CITY CD • •• • Mir [est e 4I • • SAN PED~ I 7o?~ 76 EXHIBIT VI 1 ASSUMPTION OF LIABILITY AGREEMENT 2 3 THIS AGREEMENT,dated for reference purposes only,on the 4 14th day of November,1977,is made and entered into between 5 the County of Los Angeles, sometimes hereinafter referred to as 6 the “County,”and the City of San Dimas, i sometimes hereinafter referred to as the “City.” 8 9 RECITALS (a)City atid County have heretofore contracted for the ii performance of services by County, its officers,agents and 12 employees,and will in the future extend,renew and amend such 13 contracts,and enter into other and further contracts for the 14 performance of services;and Is (b)Such contracts are agreements defined under §895 of the 16 Government Code,and pursuant to §895.2 thereof joint and several 17 liability is imposed on the parties;and 18 (c)Pursuant to §895.4 of the Government Code the parties 19 as a part of the aforementioned agreements may provide for con- 20 tributioh or indemnification upon any liability arising out of 21 the performance of the agreement;and 22 (d)The County is willing to assume liability and defend 23 and hold the City harmless from any loss,cost or expense caused 24 by the negligent or wrongful acts or omissions of County officers, 25 its agents and employees,occurring in the performance of said 26 agreement;and 27 /1/ 28 /// ATTACHMENT 2 B-51 ;/., 70:'<, ,11;(1_\}--- 76 2 3 4 5 6 7 8 9 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • EXHIBIT VI • ASSUMPTION OF LIABILITY AGREEMENT THIS AGREEMENT, dated for reference purposes only, on the 14th day of November, 1977, is made and entered into between the County of Los Angeles, sometimes hereinafter referred to as the "County," and the City of San Dimas, sometimes hereinafter referred to as the "City." RECITALS (a) City and County have heretofore contracted for the performance of services by County, its officers, agents and employees, and will in the future extend, renew and amend such contracts, and enter into other and further contracts for the performance of services; and (b) Such contracts are agreements defined under §895 of the Government Code, and pursuant to §895.2 thereof joint and several liability is imposed on the parties; and (c) Pursuant to §895.4 of the Government Code the parties as a part of the aforementioned agreements may provide for con- tribution or indemnification upon any liability arising out of the performance of the agreement; and (d) The County is willing to assume liability and defend and hold the City harmless from any loss, cost or expense caused ' by the negligent or wrongful acts or omissions of County officers, its agents and employees, occurring in the performance of said agreement; and Ill Ill 76 (e)The City is willing to assume liability and defend and 2 hold the County harmless from loss,cost or expenses caused by 3 the negligent or wrongful act or omission of city officers, agents 4 or employees occurring in the performance of agreements between S the parties,except as hereinafter provided, 6 NOW,THEREFORE,IT IS AGREED AS FOLLOWS: 7 1.The County will assume liability and defend and 8 hold the City harmless from loss,costs or expenses caused 9 by the negligent or wrongful act or omission of County 10 officers,agents and employees occurring in the performance 11 of agreements between the parties hereto to the extent that 12 such liability is imposed on the City by the provisions of 13 S895.2 of the Government Code of the State of California. 14 2.The City will assume liability and defend and hold 15 the County harmless from loss,costs or expenses caused by 16 the negligent or wrongful act or omission of City officers, 17 agents and employees occurring in the performance of agree- 18 ments between the parties hereto to the extent that such 19 liability is imposed on the County by the provisions of 20 §895.2 of the Government Code of the State of California.In 21 addition,when liability arises pursuant to §~83O,et seq., 22 of the Government Code,by reason of a dangerous condition 23 of public property of the City, the City shall assume 24 liability and defend and hold the County harmless from ldss, 25 costs or expenses caused by the negligent or wrongful act or 26 omission of City officers,agents and employees,whether 27 /1/ 28 /1/ —2-B-52 7&,<-(10/73)- 1•76 I 2 3 4 5 6 7 8 9 10 I I 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 • • (e) The City is willing to assume liability and defend and hold the County harmless from loss, cost or expenses caused by the negligent or wrongful act or omission of city officers, agents or employees occurring in the performance of agreements between the parties, except as hereinafter provided, Ill Ill NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The County will assume liability and defend and hold the City harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of County officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the City by the provisions of §895.2 of the Government Code of the State of California. 2. The City will assume liability and defend and hold the County harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of City officers, agents and employees occurring in the performance of agree- ments between the parties hereto to the extent that such liability is imposed on the County by the provisions of §895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to §§830, et seq., of the Government Code, by reason of a dangerous condition of public property of the City, the City shall assume liability and defend and hold the County harmless from loss, cos~s or expenses caused by the negligent or wrongful act or omission of City officers, agents and employees, whether -2- 7~N—(lO/13}-~ 1-76 I arising in the performance of an agreement between the 2 parties hereto,with the exception that the County shall 3 assume liability and defend and hold the City harmless from 4 loss, costs or expenses caused by the negligent or wrongful 5 act or omission of County officers,agents and employees, 6 occurring in the performance of any agreement between the 7 parties hereto where a duty is imposed on the County pursuant 8 to such agreement to provide maintenance or inspection 9 services pertaining to said property.Where such an agree- 10 ment between a City and County provides that the County will• 11 provide at least the same level of maintenance or inspection 12 services that the County provides to unincorporated areas, 13 the County will assume liability and defend and hold the City 14 harmless from loss,costs or expense caused by the negligent IS or wrongful act or omission of County officers,agents and 16 employees in failing to provide said services in accordance 17 with said agreement. 18 3.The parties further agree that the Auditor- 19 Controller of the County shall establish a fund for the pay- 20 meat of losses for which the County may be liable under the 21 terms of this agreement,and the County agrees to maintain 22 the fund for the purpose of paying such losses which may 23 occur through its performance under agreements to provide 24 city services to the cities within the County. 25 /1/-- 26 /1/ 27 /1/ 28 /// -3-B-53 iiGN-(I0/73}- 1-76 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 II Ill Ill Ill Ill • • arising in the performance of an agreement between the parties hereto, with the exception that the County shall assume liability and defend and hold the City harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of County officers, agents and employees, occurring in the performance of any agreement between the parties hereto where a duty is imposed on the County pursuant to such agreement to provide maintenance or inspection services pertaining to said property. Where such an agree- ment between a City and County provides that the County will provide at least the same level of maintenance or inspection services that the County provides to unincorporated areas, ·the County will assume liability and defend and hold the City harmless from loss, costs or expense caused by the negligent or wrongful act or omission of County officers, agents and employees in failing to provide said services in accordance with said agreement. 3. The parties further agree that the Auditor- Controller of the County shall establish a fund for the pay- ment: of losses for which the County may be liable under the terms of this agreement, and the County agrees to maintain the fund for the purpose of paying such losses which may occur through its performance under agreements to provide city services to the cities within the County. -3- S -76 1 4.It is understood by the parties that the fund 2 referred to in paragraph 3 above is under the full control 3 of the Board of Supervisors and reappropriation of unen- 4 cumbered year-end balances in this fund is discretionary S with the Board of Supervisors. 6 5.The City agrees to make payment to the fund,and 7 the County agrees to require each city receiving services 8 under City Service Agreements to also contribute to the fund. 9 Payments towards the total amount of the fund shall be made 10 by the City in such amounts as may be established by the Auditor-Controller according to the policy and procedure 12 established by the Board of Supervisors,and in the same 13 ratio as the cost of services received by the City is to the 14 total cost to the County for its performance of City Service is Agreements during each fiscal year.In the event that City 16 should elect to terminate its Service Agreement with the 17 County,its responsibility to contribute to the fund pursuant 18 to this agreement shall be limited to payment of amounts 19 which accrue prior to the effective date of said termination. 20 -6.Each party agrees to fully cooperate with the other 21 and assist the other party hereto in all matters relating to 22 losses covered by the terms of this agreement,and more 23 specifically but not being limited thereby,each .party will: 24 (a)Give prompt notification of all occurrences 25 -covered or likely to be covered by the terms hereof, 26 -together with the particulars thereof to the other party 27 hereto; 28 I/f -4-B-54 .. '76N-(I0/7J}- 1-76 2 3 4 5 6 7 8 9 10 l l 12 13 14 l S 16 17 18 19 20 21 22 23 24 25 26 27 28 Ill • • 4. It is understood by the parties that the fund referred to in paragraph 3 above is under the full control of the Board of Supervisors and reappropriation of unen- cumbered year-end balances in this fund is discretionary with the Board of Supervisors. 5. The City agrees to make payment to the fund, and the C~unty agrees to require each city receiving services under City Service Agreements to also contribute to the fund. Payments towards the total amount of the fund shall be made by the City in such amounts as may be established by the Auditor-Controller according to the policy and procedure established by the Board of Supervisors, and in the same ·ratio as the cost of services received by the City is to the total cost to the County for its perforw~nce of City Service Agreements during each fiscal year. In the event that City should elect to terminate its Service Agreement with the County, its responsibility to contribute to the fund pursuant to this agreement shall be limited to payment of amounts which accrue prior to the effective date of said termination. 6. Each party agrees to fully cooperate -with the othe,r and assist the other party hereto in all matters relating to losses covered by the terms of this agreement, and more specifically but not being limited thereby, each .party will: (a) Give prompt notification of all occurrences covered or likely to be covered by the terms hereof, together with the particulars thereof to the other party hereto; -4- [576N—(lOf73~ 11 -76 1 (b)If claim is made, or suit is brought against 2 a party on occurrences covered or lilcely to be covered 3 by the terms hereof,such party shall immediately 4 forward every claim,demand,notice,summons or other 5 process received by it to the other party hereto. 6 7.Should City agree,stipulate,consent to,or other— 7 wise suffer the granting of any claim,the making of any 8 judgment,order,or other award for damages or other relief 9 against itself or any of its or the County’s officers, 10 agents,or employees in any proceeding or action authorized ii by law involving a matter arising out of the performance by 12 the County of services affected hereby without the prior 13 written consent thereto of the County,the City agrees to 14 indemnify,hold harmless,and defend the County from any Is loss,cost or expense to it arising from such claim,judgmen 16 or other award irrespective of the legal basis upon which 17 liability may be imposed by such action including liability 18 of the County under the provisions of Section 895.2 of the 19 Government Code. 20 8.Any party may at its own cost participate in the 21 defense of any suit,or in the prosecution of any appeal 22 affecting matters herein involved where the duty of defense 23 or prosecution is imposed on the other party,and where the 24 other party has consented thereto. 25 -9.This cgreement shall apply to and shall be deemed 26 to be a part of all agreements now existing or hereafter 27 f/I 28 III —5—B-55 f576N-(10/7J)- 11-76 2 3 4 5 6 7 8 9 I I 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 Ill Ill • • (b) If claim is made, or suit is brought against a party on occurrences covered or likely to be covered by the terms hereof, such party shall immediately forward every claim, demand, notice, summons or other process received by it to the other party hereto. 7. Should City agree, stipulate, consent to, or other- wise suffer the granting of any claim, the making of any judgment, order, or other award for damages or other relief against itself or any of its or the County's officers, agents, or employees in any proceeding or action authorized by law involving a matter arising out of the_ performance by the County of services affected hereby without the prior written consent thereto of the County, the City agrees to indemnify, hold harmless, and defend the County from any loss, cost or expense to it arising from such claim, judgment,, I or other award irrespective of the legal basis upon which liability may be imposed by such action including liability of the County under the provisions of Section 895.2 of the Government Code. Q u, Any party may at its own cost participate in the defense of any suit, or in the prosecution of any appeal ~ffecting matters herein involved where the duty of defense or pros~cution is imposed on the other party, and where the other party has consented thereto. 9. This r.greement shall apply to and shall be deemed to be a part of all agreements now existing or hereafter -5- I I I ! ! YrS76N—(IOI73)-— 1176 I entered into,including amendments,renewals,or other 2 extensions thereof,wherein the City and.County have con- 3 tracted under circumstances wherein the liability of the City1 4 and County is joint and several under §895.2 of the Govern— S ment Code of the State of California.The provisions of this~ 6 agreement shall supersede and control over any other provi- 7 sions inconsistent therewith in any such contract,heretofore~, 8 or hereafter entered into by and between the parties hereto, 9 unless by specific reference therein this Assumption of 10 Liability.Agreement is inapplicable. II 10.On the effective date of this agreement that cer— 12 tam agreement entitled “Assumption of Liability Amendment,” 13 -if any between the parties,is terminated.The effective 14 date of this agreement is the date executed by the parties, IS but in no event sooner than 12:00 A.M.,March 15,1978, 16 unless the aforementioned Assumption of Liability Amendment 17 should be sooner terminated by the parties,in which event IS the date of such termination shall be the effective date of 19 this agreement.Upon the effective date of this agreement th üme shall continue during the term of any agreement for 21 services to which the same is applicable,unless the County 22 shall sooner elect to terminate this agreement upon thirty 23 days written notice to the City.The County further agrees 24 that this agreement shall be only terminated upon the occur- 25 rence of the foregoing,or any one or more of the following 26 events:- 27 III 28 III -6-B-56 /rs16N-(1011J}- ; 11 · 76 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' II Ill Ill • • entered into, including amendments, renewals, or other extensions thereof, wherein the City and. County have con- tracted under circumstances wherein the liability of the City and County is joint and several under §895.2 of the Govern- ment Code of the State of California. The provisions of this agreement shall supersede and control over any other provi- sions inconsistent therewith in any such contract, heretofore or hereafter entered into by and between the parties hereto, unless by specific reference therein this Assumption of Liability Agreement is inapplicable. 10. On the effective date of this agreement that cer- tain agreement entitled "Assumption of Liability Amendment," if any between the parties, is terminated. The effective date of this agreement is the date executed by the parties, but in no event sooner than 12:00 A.M., March 15, 1978, unless the aforementioned Assumption of Liability Amendment should be sooner terminated by .the parties, in which event the date of such termination shall be the effective date of this agreement. Upon the effective date of this agreement thi same shall continue during the term of any agreement for services to which the same is applicable, unless the County shall sooner elect to terminate this agreement upon thirty days written notice to the City. The County further agrees that this agreement shall be only terminated upon the occur- rence of the foregoing, or any one or more of the following events: -6- ~7:J1~I73~S 1176 I (a)Failure of the City to cooperate with the 2 County as required by this agreement.. 3 (b)Upon the City authorizing any judgment,order 4 or other award for damages without the consent of the 5 County in violation of the terms and provisions of this 6 agreement. 7 (c)Upon the County’s election in its absolute 8 discretion to terminate this Assumption of Liability 9 Agreement as to all cities having such service agree- 10 ments with the County. II 11.To the extent that the County has agreed to indem- 12 nify,defend and waive harmless a city, its officers,agents 13 -and employees under this agreement,said obligation shall 14 continue to exist during the term of this agreement whether is -or not there are sufficient funds for such indemnity,defense 16 or hold harmless in the fund established by the Auditor- 17 Controller.It is further understood that the County may 18 also utilize said fund for the purchase of commercial 19 insurance and claims management services and for the payment 20 of other costs to cover the exposures of the County hereunder 21 in whole or in part. 22 12.On termination by the City of service contract with 23 the County,or upon termination by the County for any cause, 24 the County shall continue to indemnify, defend and hold harm- 25 less the City for all claims and losses for which liability 26 is imposed -on the County by the terms of this agreement,and 27 III 28 III —7—B-57 • TS76N-(I0/73}- 11· 76 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ill Ill • • (a) Failure of the City to cooperate with the County as required by this agreement .• (b) Upon the City authorizing any judgment, order or other award for damages without the consent o= the County in violation of the terms and provisions of this agreement. (c) Upon the County's election in its absolute discretion to terminate this Assumption of Liability Agreement as to all cities having such service agree- ments with the County. 11. To the extent that the County has agreed to indem- nify, defend and waive harmless a city, its officers, agents and employees under this agreement, said obligation shall continue to exist during the term or not there are sufficient funds of this agreement whether for such indemnity, defense! or hold harmless in the fund established by the Auditor- Controller. It is further understood that the County may also utilize said fund for the purchase of commercial insurance and claims management services and for the payment of other costs to cover the exposures of the County hereunder l I in whole or in part. I 12. On termination by the City of service contract with\ the County, or upon termination by the County for any cause, , the County shall continue to inderanify, defend and hold harm- • less the City for all claims and losses for which liabillty is imposed .on the County by the terms of this agreement, and -7- i/li)- where arising out of the County’s negligent or wrongful act 2 or omission,prior to the effective date of said termination. 3 Said City shall not be entitled to return of any considera- 4 tion paid by it towards the fund established by the Auditor- 5 controller on the termination of this agreement. 6 IN WITNESS WHEREOF,the parties hereto have caused this 7 agreement to be executed by their duly authorized officers the 8 day and year hereinafter set forth. 9 CITY OF ~5AN/b/MA—S -By~~ II Mayor 12 p7 ATTEST this “~{6 day of ~ 13 -197$. IS City Clerk 16 17 COUNTY QF LOS ANGELES 18 By_____________________________ 19 Chairman, Board of Supervisors I ADGflED ATTEST this 22—day of ~p½gç’\-\, 21 197L 22:JAMES S.MIZE,Executive Officer- 23 DEC2 71977 Clerk of the Board of Supervisors 24 ,~.,-‘By__________ 26 27 28 a 8 B-58 ,f7J)-- 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 2f 23 24 25 26 27 28 • • where arising out of the County's negligent or wrongful act or omission, prior to the effective date of said termination.I Said City shall not be entitled to return of any considera- tion paid by it towards the fund established by the Auditor- Controller on the termination of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers the day and year hereinafter set forth. AOOPTEO S-UPERV!SORS l 9 DEC 2 7 CITY OF -SAN D//Vl/tS By 1') (),~ Svi1JrJ Mayor ATTEST this,:t~~ day of 1978, City Clerk COUNTY OF LOS ANGELES By ""c""h_a..,i-rma--n-,-,,B-o_a_r_d.--o_f__,S,...u_p_e_r_V_J..,., s_o_r_s __ _ ATTEST this 22-day of MAfsS: b 197i. JAMES S. MIZE, Executive Officer- Clerk of the Board of Supervisors , By _ ____...,{µ..J J,....~....._pu4ty..,,cJ'"'"OYcla'-'-"'-""'"""-'fVl+1--·-· - -8- ATTACHMENT 3 B-59 JOINT INDEMNITY AGREEMENT THIS AGREEMENT, dated for reference purposes on the day of ___ , 1991, is made and entered into between the County of Los Angeles, sometimes hereinafter referred to as the "County", and the City of _____ , sometimes hereinafter referred to as the "City." This agreement is entered into based upon the following facts: (a) City and County have contracted for the performance of services by County, its officers, agents and employees, and may in the future extend, renew and amend such contracts, and enter into other and further contracts for the performance of services, all of which are hereinafter referred to as "service contracts"; (b) Pursuant to Government Code Section 895.6, if the agreements between City and County fail to specify how the responsibility tor liability for injuries to persons or property is to be allocated, each entity is to contribute an equal share of the amount ot any judgment based on an injury that occurs in the performance of the agreement; l B-60 (c) Pursuant to Government Code Section 895.4, the City and County may allocate the ultimate financial responsibility among themselves in whatever manner seems most desirable to them; (d) County has established the Contract Cities Trust Fund (sometimes hereinafter ref~rred to as "Trust Fund") into which County will deposit designated portions of the funds received from City and other cities as compensation for the performance of services; (e) County is willing to perform the services for City if City is willing to contribute to the Trust Fund as a part of the compensation for the performance of the services; (f) City is willing to have County provide the services and to contribute to the Trust Fund as a part of the compensation for the performance of the services; (g) Utilizing the Trust Fund, county is willing to assume liability and defend and hold City harmless from any loss, cost or expense caused by the negligent or wrongful acts or omissions of County officers, its agents or employees, occurring in the performance of said agreements. 2 B-61 (h) Using its own funds and without contribution from t~e Trust Fund, City is willing to assume liability and defend and hold County harmless from loss, cost or expenses caused by the negligent or wrongful act or omission of City officers, agents er employees occurring in the performance of agreements between the parties. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Establishment of Trust Fund City and County agree that the Auditor-controller of the County shall establish a fund for the payment of losses for which County may be liable under the terms of this agreement. county agrees to maintain the fund, to be known as the Contract Cities Trust Fund, tor the purposes set forth in this Agreement. 2. control ot Trust Fund City and County agree that the Trust Fund is under the full control ot County. J. Payment to Trust Fund City agrees to make payment to the fund, and County agrees to require each City receiving services under service contracts to also contribute to the fund. Payments towards the total amount ot the fund shall be made by City in such amounts as may be established by county Trust 3 B-62 Fund Administrator with concurrence of Auditor-Controller according to the policy and procedures established by County. Such payments may be at a rate calculated separately for each specific service provided by County through its performance of service contracts during each fiscal year. 4. Sufficiency and Use ot Trust Fund To the extent that County has agreed to indemnify, defend and hold harmless City, its officers, agents and employees under this agreement, said obligation shall continue to exist during the term of this agreement whether or not there are sufficient funds tor such indemnity, defense or hold harmless in the Trust Fund. If in the discretion of the Trust Fund Administrator the Trust Fund balance is inadequate to fund contract cities liabilities, the Auditor will advance from the County's funds amounts necessary to temporarily finance such liabilities. City agrees, together with others who will be required to make like contributions, to contribute upon demand by the Trust Fund Administrator such sums as the Trust Fund Administrator determines are necessary to replenish the Trust Fund so that the county's funds may be reimbursed. The Trus-Fund shall reimburse the County's funds for all 4 B-63 such costs temporarily advanced on behalf of the Trust Fund with interest at County treasury rate within one calendar year from the date of the County's advance. It is further understood that County may also utilize said fund for the purchase of coi::un.ercial insurance and claims management services and for the payment of other costs to cover all or any part of County's exposures hereunder. s. Indemnity from the Trust Fund Utilizing the Trust Fund, County will undertake to investigate, defend and pay any losses, costs, settlement awards, judgments or expenses originating from claims or litigation based or alleged to be based upon the negligent or wrongful act or omission of County officers, agents or employees engaged in the performance of services for City pursuant to the service contracts. County will not undertake this responsibility if the liability i• based or alleged to be based upon the negligent or wrongful act or omission of City, its officers, agents or employees occurring during the performance of the service contracts. Where County contends that the City is partially responsible through its negligence or wrongful act or omission, County shall still undertake the responsibility herein imposed, 5 B-64 but County may, by written notification to City, reserve its right to claim indemnification from the City for that portion of the loss, cost, settlement, award or judgment attributable to the City's negligence or wrongful act or omission. Except for its contribution to the Trust Fund, City will not be liable for defense costs or for holding County harmless from loss, costs, or expenses ca_used in whole or in part by the negligent or wrongful act or omission of County, its officers, agents and employees occurring during the performance of the services pursuant to the contracts. 6. Indemnity by city a. Act9 or Qmi9sions City will undertake to investigate, defend and pay any losses, costs, settlement awards, judgments, or expenses originating from claims or litigation based or alleged to be based in whole or in part upon the negligent or wrongful act or omission of City, its officers, agents or employees occurring during the performance of the service contracts. b. pangeroug conditions of city Property When liability io based or alleged to be based on a dangerous condition of City property pursuant to SBJO 6 B-65 et. seq. of the Government Code (including, but not limited to, the plan or design of the City property), City shall assume liability and defend and hold County harmless from any loss, cost or expense caused by the negligent or wrongful act or omission of City, its officers, agents or employees. c. Exception for Maintenance or Inspection of city Property Where a duty is imposed on County pursuant to a service contract to provide maintenance or inspection services pertaining to City property, County shall utilize the Trust Fund to investigate, defend, and pay any losses, costs, settlement awards, judgments or expenses originating from claims or litigation allegedly based upon the existence of a dangerous condition ot City's property as a result of the negligent or wrongful act or omission of County officers, agents or employees in the performance of such service contracts. 7 B-66 7. No Funding of Citv's Unilateral Set~le~ents or Lit;gation Should City agree, or stipulate or consent to the settlement of any claim or action, the making or entry of any judgment, order or other award for damages or for other relief against itself or any of its officers, agents or employees or against county or its officers, agents or employees in any proceeding or action authorized by law, involving a matter arising out of the performance by County pursuant to the service contracts, without the prior written consent thereto of County, then City agrees to indemnify, hold harmless and defend County from any loss, cost or expense sustained by County arising from such claim, judgment or other award irrespective of the legal basis upon which liability may be imposed by such claim or action, including liability of County under the provision of §895.2 of the Government Code. 8. cooperation in Assumption ot Liability City and County agree to fully cooperate and assist each other in all matters relating to losses covered by the terms of this agreement. Hore specifically, but not limited thereby, each party will: (a) In the event of a claim or suit or an occurrence likely to involve a claim or suit covered by this agreement, give prompt 8 B-67 written notice to the other party. Written notice shall contain the name and address of the person or organization sustaining injury or damage, and of any witnesses, as well as the time, place and circumstances of the occurrence. (b) If claim is made er suit is brought against a party on occurrences covered or likely to be covered by the terms hereof, such party shall immediately forvard every claim, demand, notice, summons or other process received by it to the other party. c) Cooperate with the other party and, upon the other party's request assist in the processing ot suits and enforcing any right ot contribution or indemnity against any person or organization who may be liable to the other party for injury or damage covered by this agreement; attend upon request hearings and trials, assist in securing and giving of evidence and obtaining the attendance of witnesses. 9. Participation in Litigation Any party may as its own cost participate in the defense of any suit, or in the prosecution of any appeal affecting matters herein involved where the duty ot detense or prosecution is imposed on the other party, and where the other party has consented thereto. 9 B-68 10. Application of Agreement to Other Agreements This agreement shall apply to and shall be deemed to be a part of all agreements now existing or hereafter entered into including amendments, renewals; or other extensions thereof, wherein City and County have contracted under circumstances wherein the liability of City and County is joint and several under §895.2 of the Government Code of the State of California. 11. control over Prior Agreements Any references in service contracts to the "Assumption of Liability Agreement" shall be deemed to be to this Agreement. The provisions of this agreement shall supersede and control over any other provisions inconsistent herewith in any such contract, and control future agreements between. the parties hereto unless by specific reference therein this Joint Indemnity Agreement is made inapplicable. 12. Termination ot Agreement Thia agreement shall continue during the term of any service contract between City and County unless: (a) County elects to terminate this agreement upon thirty days written notice to City. (b) Upon county's election, if City fails to cooperate with County as required by this agreement. 10 B-69 (c) Upon County's election if City authorizes any judgment, order or other award for damages without the consent of county in violation of the terms and provisions of this agreement. (d) Upon County's election in its absolute discretion to terminate this Joint Inde~nity Agreement as to all cities having such service contracts with County. On the termination of this agreement, City shall not be entitled to return of any consideration paid by it towards the Trust Fund. Termination of this agreement shall not relieve City of its obligation to make contributions as required by Paragraph 4. 13. Termination ot service contracts Between county and city On termination by City of service contract with County or termination of said contract by County for any cause, County and/or City shall continue to defend, indemnify and hold harmless the other party tor all claims and losses pursuant to the terms of this agreement arising prior to the effective date of said termination. 11 B-70 IN WITNESS WHEREOP, the parties hereto have caused this agreement to be executed by their duly authorized officers the day and year hereinafter set forth. APPROVED AS TO FORM: OE WI'M' W. CLINTON County Counsel CITY OP By ________________ _ Mayor ATTEST this_ day ot , 1991 By _______________ _ C1ty Clerk COUNTY or LOS JJIGIL!S By ______ ....__,,--....,.......,,....----.-- Cha1rman, Board of Supervisors ATI'EST this_ day ot LARRY J. MONTEILH Executive otticer Board ot Supervisors ---, 1991 By _______ ..,,,....-~---- Deputy By ____________ _ Deputy 9-12.JIA 12 ATTACHMENT 4 B-71 COUNTY-CITY SPECIAL INDEMNITY AGREEMENT THIS AGREEMENT ("Agreement"), dated for reference purposes on the __ day of _____ , 2009, is made and entered into between the County of Los Angeles, hereinafter referred to as the "County," and the Cities identified in Recital G below, hereinafter cumulatively referred to as the "Cities." RECITALS A. Cities, and each of them, and County have heretofore contracted for the performance of law enforcement services to be provided by the County, its officers. agents and employees, known as "Municipal Law Enforcement Services Agreements" which contracts the parties may in-the future extend, renew and amend, and enter into other and further contracts for the performance of such services (hereinafter referred to as "MLESA"); and B. Cities and County have heretofore contracted for the indemnification of the Cities by the County, uillizing the Liability Trust Fund ("LTF") for the acts and omissions committed by the County's employees in the course and scope of providing services under the MLESA agreements, more particularly described as the Joint Indemnity Agreements or Assumption of Liability Agreements (hereinafter referred to as "Joint Indemnity Agreements") which have remained in full force and effect to the present time; and C. In accordance with the Joint Indemnity Agreements, the County established the LTF, as provided in those agreements. In accordance with the Joint Indemnity Agreements. the Cities, and each of them, are required CCCA·COLA.SPCINDEMNTY AGR .09072 7FIN .DOC B-72 to pay monies into the LTF. The monies in the LTF are used to reimburse the County for claims, losses, costs and expenses it incurs for which indemnification is provided in the parties' MLESA and/or Joint Indemnity Agreements; and D. The County withdrew sums from the LTF for the purpose of reimbursing itself for its payment of settlement of claims related to sexual assaults committed by a deputy sheriff (Gonzales} in the years 2002 and 2003 (the "Claims"}; and E. A dispute has arisen between the parties regarding the circumstances under which the County may utilize the funds in the LTF for claims arising from sexual assaults committed by deputy sheriffs employed by the County ("Sexual Assaults"}; and F. The parties desire to continue the Joint Indemnity Agreements and MLESA agreements, as amended, modified and supplemented from time to time. As further consideration to the Cities. the County is willing to reimburse the LTF for a portion of the sums that are used or may be used by it from the LTF for claims, losses, costs or expenses arising out of certain Sexual Assaults, as defined in Section 2 below, occurring in the performance of the MLESA agreements on the terms and in the manner provided in this Agreement. G. The Cities that are a party to this Agreement are as follows: City of Agoura Hills City of Artesia City of Avalon CCCA-COLA.S PCINDEMNTY AGR .09072 ?FIN .DOC City of Bellflower City of Bradbury City of Calabasas 2 B-73 City of Carson City of Cerritos City of Commerce City of Compton City of Diamond Bar City of Duarte City of Hawaiian Gardens City of Hidden Hills City of Industry City of La Canada City of La Habra Heights City of La Mirada City of La Puente City of Lakewood City of Lancaster City of Lawndale City of Lomita City of Lynwood City of Malibu City of Norwalk City of Palmdale City of Paramount City of Pico Rivera City of Rancho Palos Verde City of Rolling Hills City of Rolling Hills Estate City of Rosemead City of San Dimas City of Santa Clarita City of South El Monte City of Temple City City of Walnut City of West Hollywood City of Westlake Village NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged, it is mutually agreed as follows: AGREEMENT 1. Effective Date. This Agreement shall be effective as of July 1, 2009. The foregoing notwithstanding, this Agreement shall apply to any claims notice of which is first given to the Liability Trust Fund Oversight Committee after the effective date of this agreement, regardless of the date of occurrence. For purposes of this Agreement "notice" shall mean notification to the Chief Executive Officer of the California Joint Powers Insurance Authority and the Executive Director of the California Contract Cities Association, unless otherwise instructed in writing. 2. Indemnity by the County to the City, CCCA-COLA.S PCJNDEMNTY f\GR.090727FI N .DOC 3 B-74 The parties agree that the maximum liability of the LTF for any losses, claims, costs or expenses related to certain Sexual Assaults, as herein below defined, by deputies or other peace officers in the employ of the County shall be one-half (1/2) of any settlement, judgment or award for such assaults and the costs of defense, including attorneys fees, for such claims or lawsuits. In the event that a withdrawal is made by the County from the LTF for any liability related to certain Sexual Assaults by deputies or other peace officers, as herein below defined, the County shall reimburse the LTF, or, in the event that it has not made a withdrawal of funds from the LTF it shall assume the responsibility to pay from its own funds, one-half (1/2) of any amounts necessary to satisfy any judgment, award or settlement not otherwise covered by insurance, if there is any, together with costs of defense, including attorneys fees, under the following circumstances: a. A felony judgment of criminal conviction is entered in a state or federal court based upon the same facts as the claim; and b. The felony judgment of criminal conviction is based upon an act of rape, sodomy, oral copulation or other sexual penetration of a person; For purposes of calculating the amount that the County is obligated to pay into the LTF under this Agreement, any amount paid by an insurance carrier directly to a claimant on a claim which is subject to this Agreement shall not be deemed to have been paid from the LTF. For purposes of calculating the amount that the County is obligated to pay into the LTF under this Agreement. any amount paJd from the LTF on a claJm CCCA-COLA.SPCJNDElvlNTYAGR.090727F!N.DOC 4 B-75 which is subject to this Agreement but which is reimbursed to the LTF by an insurance carrier shall not have been deemed paid from the LTF. Nothing herein creates an obligation upon the Cities, or any of them, or any other entity to acquire, have or maintain any policy of insurance. 3. Term of and Application to Other Agreements. This Agreement shall apply to all MLESA agreements now existing or hereafter entered into, including amendments, renewals or other extensions thereof. This Agreement shall serve to supplement the Joint Indemnity Agreements with respect to the single subject matter addressed herein. Nothing herein shall be deemed to change, modify, alter, amend, or substitute any term, right, obligation or condition set forth in an MLESA. as amended or modified, from time to time. 4. Termination of Service Contracts Between County and Cities. This Agreement shall continue in effect until the last of any MLESA or similar agreement is lawfully tenninated in accordance with its terms. Such tennination shall not relieve County or City for any obligations set forth in such MLESA agreement relating to obligations upon tennination of such agreement and this Agreement to any claims related to a Sexual Assault. 5. Release of the Claims. The Cities and each of them hereby waive, release and relinquish any claim they may have for the reimbursement of the sums withdrawn by the County with respect to the Claims. The County hereby waives, releases and relinquishes any right or claim it may have for reimbursement of any sums it has or may have CCCA-COLA.SPCINDEMNTYAGR.09072iFIN.OOC 5 B-76 paid or incurred with regard to any Sexual Assault occurring prior to the effective date of this Agreement. 6. Further Assurances. Each of the parties hereto agrees to execute and deliver any and all additional papers and documents, and to do any and all acts reasonably necessary in connection with the performance of its obligations hereunder and to carry out the intent of the parties hereto. 7. Non-Admission of Liability. Each of the parties hereto agrees that nothing contained or incorporated herein shall be deemed as an admission of liability with respect to any matter. thing, or dispute whatsoever. 8. Entire Agreement. This Agreement with regard to the use of LTF funds by the County for claims arising out of Sexual Assaults, and the other agreements between the parties referenced herein, shall constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and shall supersede all prior and contemporaneous agreements, representations of the parties concerning the subject matter hereof and the terms applicable thereto. 9. Amendment. This Agreement may not be supplemented. modified or amended in any manner. except by an instrument in writing stating that it is a supplement, modification or amendment of this Agreement and signed by each of the parties hereto . . CCCA-COLA.SPC!NDE,\.1NTYAGR.090727FIN.DOC 6 B-77 10. Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shall any wavier constitute a continuing wavier. No waiver shall be binding unless executed in writing by the party malting the waiver. 11. Counterparts. This Agreement may be executed by one or more separate counterparts, each of which, when so executed shall together constitute one and the same instrument. A copy transmitted electronically or by facsimile shall be deemed effective as an original. 12. Captions. The captions appearing in this Agreement are descriptive only and for convenience of reference. Should there be any conflict between any such caption and the terms of this Agreement, the latter shall control and govern the construction of this Agreement. 13. Constructions and Interpretation. The parties have participated equally in the preparation of this Agreement, which shall be construed and interpreted simply and fairly and not strictly for or against any party. 14. Recitals. The Recitals set forth in this Agreement are incorporated herein by reference and made a part hereof. CCCA-C0LA.SPCJNDEMNTYAGR.090727F!N.DOC 7 B-78 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their fully authorized officers the day and year hereinafter set forth. ATTEST: SACHI HAMAI Executive Officer-Clerk Board of Supervisors By _________ _ Deputy APPROVED AS TO FORM: ROBERT E. KALUNIAN Acting County Counsel By _________ _ (Signatures continued) CCCA·COLA.SPCJNDElvtNTYAGR.090727FIN.DOC COUNTI OF LOS ANGELES By ____________ _ DON KNABE Chairman, Board of Supervisors 8 B-79 CI1Y OF AGOURA HILLS By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ CI1Y OF ARTESIA By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By ________ _ (Signatures Continued) CCCA-COLA.S PCINDEMNIT AGR.09072iFIN.DOC 9 B-80 CITY OF AVALON By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ CITY OF BELLFLOWER By ____________ _ MAYOR ATTEST: By __________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ (Signatures Continued) CCCA-COLA.SPCINDEMNTY AG R .090727F!N. DOC JO B-81 CITY OF BRADBURY By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ CITY OF CALABASAS By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ (Signatures Continued) CCC A-COLA .S PCINDEMNTY AGR.090727FIN. DOC 11 B-82 CJ1Y OF CARSON By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ CI1Y OF CERRITOS By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CJ1Y ATTORNEY By _________ _ (Signatures Continued) CCCA-COLA.SPCINDE\1NTYAGR.090727FIN.DOC 12 B-83 CITI OF COMMERCE By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITI ATTORNEY By _________ _ CITI OF COMPTON By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITI ATTORNEY By _________ _ (Signatures Continued CCCA-COLA.SPC!NDEMNTYAGR.090727FIN.DOC ]J B-84 CI1Y OF DIAMOND BAR By------------- MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ CI1Y OF DUARTE By __________ ~-- MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: Cl1Y ATTORNEY By---------- (Signatures Continued) CCCA-COLA.SPC!NDEMNTYAGR,090727FJN.DOC 14 B-85 Cl1Y OF HAWAIIAN GARDENS By ___________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ C!1Y OF HIDDEN HILLS By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: Cl1Y ATTORNEY By _________ _ (Signatures Continued) CCCA-COLA.SPCINDH·fNTYAGR.090727FIN.DOC 15 B-86 CITY OF INDUSTRY By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ CITY OF LA CANADA By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY- By _________ _ (Signatures Continued) CCCA-COLA.SPC!NDEM NTY AGR.090727FI N.DOC 16 B-87 CITY OF LA HABRA HEIGHTS By ___________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATIDRNEY By _________ _ CITY OF LA MIRADA By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ (Signatures Continued) CCCA-COLA.SPC!NDEMNTY AGR .090727FIN.DOC 17 B-88 CITI OF LA PUENTE By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITI ATTORNEY By _________ _ CITI OF LAKEWOOD By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITI ATIDRNEY By ________ _ (Signatures Continued) CCCA-COl.A.SPCINDEMNTYAGR.090727F!N.DOC 18 B-89 CJ1Y OF LANCASTER By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ CI1Y OF LAWNDALE By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ (Signatures Continued) CCCA-COLA.SPCJNDEMNTY AGR.09072 7FJN .DOC 19 B-90 CI1Y OF LOMITA By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ CI1Y OF LYNWOOD By ____________ _ MAYOR ATTEST: By __________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ (Signatures Continued) CCCA-COLA.SPCtNDEMNTYAGR.090727FIN.DOC 20 B-91 CTIY OF MALIBU By __________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CTIY ATTORNEY By _________ _ CI1Y OF NORWALK By ___________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ (Signatures Continued) CCCA-COLA.SPCINDEMNTYAGR.090727FIN.DOC 21 B-92 CI1Y OF PALMDALE By __________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: Cl1Y ATTORNEY By _________ _ CI1Y OF PARAMOUNT By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ (Signatures Continued) CCCA-COLA.SPCJNOEMNTYAGR.090727FIN.DOC 22 B-93 CI1Y OF PICO RIVERA By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ CI1Y OF RANCHO PALOS VERDE By ____________ _ MAYOR ATTEST: By __________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ (Signatures continued) CCCA-COLA.SPCil\'DEMNTY t\GR.090727FIN.DOC B-94 CITY OF ROLLING HILLS By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ CITY OF ROLLING HILLS ESTATE By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ (Signatures continued) CCCA-COLA.SPCINDEMNTYAGR.090727FiN.DOC 24 B-95 CI1Y OF ROSEMEAD By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATIDRNEY By _________ _ CI1Y OF SAN DIMAS By ~ ~ MAYOR ATTEST: By~ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY (Signatures continued) CCC A-COLA.S PCI NDEM NTY AGR.09072/FIN. DOC 25 B-96 CITY OF SA.NTA CLARITA By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ CITY OF SOUTH EL MONTE By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ________ _ (Signatures continued) CCCA~COLA.SPCINDEMNTYAGR.090727FIN.DOC 26 B-97 CITY OF TEMPLE CI1Y By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ CITY OF WALNUT By ___________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CI1Y ATTORNEY By _________ _ (Signatures continued) CCCA-COLA.SPC!NDEMNTYAGR.090727FJN.DOC 27 B-98 CI1Y OF WEST HOLLYWOOD By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _________ _ CITY OF WESTLAKE VILLAGE By ____________ _ MAYOR ATTEST: By _________ _ City Clerk APPROVED AS TO FORM: CITY ATTOR..~EY By _________ _ (End) CCCA-COl.A.SPCfNDEMNTYAGR.090727FIN.DOC 28 LETTER OF UNDERSTANDING BETWEEN COUNTY OF LOS ANGELES AND CONTRACT CITIES ASSOCIATION REGARDING CONTRACT CITIES LIABILITY TRUST FUND The Los Angeles County Sheriff's Department (LASD) provides law enforcement services to 42 cities in Los Angeles County (Contract Cities) through the Municipal Law Enforcement Services Agreement (MLESA). The MLESA is negotiated every five years, and we are pleased to have reached agreement with the Contract Cities on a five-year MLESA renewal, effective July 1, 2024. We value our mutual goal and partnership to keep our communities safe. During the negotiation of the renewed MLESA, both Contract Cities and the County of Los Angeles (County) agreed that continued discussions around the MLESA’s indemnification provisions are warranted. The increasing value of legal settlements and jury verdicts, escalating insurance costs, and other factors have raised concerns about the potential for exposure to liability at severe or unanticipated levels. This Letter of Understanding (LOU) sets forth the framework within which the County and Contract Cities intend to continue discussions around the MLESA’s indemnification provisions. It is not intended, nor shall it be construed, to impose any monetary or legal duty upon either party. I. PURPOSE The purpose of this LOU is to memorialize the County’s and Contract Cities’ mutual intent to continue to discuss potential changes to the indemnification provisions contained in Section 5.0 (Indemnification) of the MLESA, and to discuss funding models and practices with respect to liability costs. In the renewed MLESA, the parties agreed to maintain the indemnification language from the prior MLESA for a period of nine (9) months, with an automatic extension for an additional six (6) months, to allow these continued discussions to take place. Neither the County nor Contract Cities are committing to any particular resolution or agreement resulting from these discussions, and this LOU is not enforceable against either the County or Contract Cities. Page 1 of 3 B-99 II. TOPICS FOR DISCUSSIONS The County and Contract Cities intend to discuss the specific topic areas identified below. These topic areas are described generally so as not to be unduly prescriptive or limiting. However, the County and Contract Cities do not intend by this LOU to discuss topic areas outside the reasonable scope of the Assumption of Liability Agreement, Indemnity Agreement, Special Indemnity Agreement and those items listed below, and agree that limiting discussion to these topic areas will ensure that discussions proceed in a focused, orderly, and timely manner. 1. Acts or omissions by LASD employees that will not be considered “Contract City business” for the purposes of determining whether the LTF shall pay for resulting litigation costs and liability. 2. Loss control measures to reduce liabilities paid for by the LTF. 3. A formal process to resolve disputes between the County and Contract Cities over responsibility for certain costs of litigation or liability. 4. Responsibility for the costs to defend LASD employees and punitive damages awards under certain circumstances, including but not limited to, when employees are engaged in conduct outside the course and scope of their employment, illegal or sexual activity or with willful disregard for the safety of others. 5. Participation by Contract Cities in the selection of attorneys for Priority 1 & 2 cases, as well as discussions of which firms should be on the panel.. 6. Defining what constitutes timely notice by the County to Contract Cities’ claims and the ramification of a failure to do so. 7. Litigation cost reduction measures. 8. Addressing the solvency of the LTF. 9. Discuss other fee-for-service models that reflect the County’s desire to fully recover its cost of providing MLESA services in Contract Cities, including any liability costs, and the Contract Cities’ desire to reduce liability costs associated with the existing MLESA structure. III. MEETING SCHEDULE AND FORMAT Within 15 days of the execution of this LOU by all parties, the parties will mutually agree on a meeting schedule. Meetings will take place no less than monthly, either in person or virtually. To foster meaningful and productive discussions, the County and Contract Cities intend to limit their respective number of participants at each meeting to no more than six (6) representatives each. County representatives will include, at a minimum, the Chief Executive Office, LASD, and County Counsel. Contract Cities’ representatives will include, at a minimum, Contract Cities Executive Director, the California Joint Powers Insurance Authority, and a representative from the City Managers workgroup. This does not restrict the use of external professionals to assist in any technical analysis beneficial to the discussions. Page 2 of 3 B-100 IV. COUNTY OF LOS ANGELES By: Signature Name: Date: Title: LOS ANGELES SHERIFF’S DEPARTMENT By: Signature Name: Date: Title: CONTRACT CITIES ASSOCIATION By: Signature Name: Date: Title: Page 3 of 3 B-101 CITY COUNCIL POLICY NUMBER: 2 DATE ADOPTED/AMENDED: 02/04/92 SUBJECT: Questionnaires sent to the public by City Council, Committee/ Commission(s) and Staff POLICY: It shall be the policy of the City Council that all questionnaires and/or surveys to be sent by the City to the general public or special groups, whether generated by Staff, City Council or Committee/Commission(s), be authorized by the full City Council at a public meeting. The City Manager shall be authorized, however, to approve any questionnaires and/or surveys for information to be sent to other public agencies. BACKGROUND: The City Council recognized the need to establish a policy to control questionnaires and surveys for information that are sent or delivered to the general public and special interest groups. C-1