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HomeMy WebLinkAbout1993-05-11 - AGENDA REPORTS - LAW ENFORCEMENT SERVICES CONTR (2)AGENDA REPORT CONSENT DATE: May 11, 1993 SUBJECT: Law Enforcement Services Contract DEPARTMENT: City Manager BACKGROUND City Manager Approv,, Item to be presented George Caravalho The current contract between the City of Santa Clarita and the County of Los Angeles for Law Enforcement Services will expire on June 30, 1993. Therefore, it is now necessary to renew the contracts in order to have an agreement in place as of July 1. Several.changes are proposed to the original contract. These changes include: (Page 4, Section 7) This section references the Joint Indemnity Agreement approved by the Los Angeles County Board of Supervisors on October 8, 1991, and the Liability Agreement approved by the Board of Supervisors on December 27, 1977. The agreements which.provided for a 4.5% and 3% liability surcharge, respectively, are now replaced with a subsequent liability agreement which places the surcharge at 4.5% for all Contract Cities. Given that Santa Clarita was part of the Joint Indemnity Agreement and is currently assessed the 4.5% rate, there is no budget impact. (Page 5, Section 8) Lists terms of the Agreement for one rather than five years. This change was proposed by Los Angeles County to bring all Sheriff's Department Law Enforcement Services into a concurrent expiration cycle. This change is not anticipated to have an adverse impact on either party. (Page 9, Section 14) References an anti -discrimination clause that, while practiced, is not referenced within the original contract signed in 1988. In addition to the base contract referenced the City of Santa Clarita has traditionally elected to provide enhancements in order to specialize enforcement services for our community. These enhancements include: Traffic Law Enforcement Community Service Personnel (CSO's) Narcotics Prevention (SANE) License Investigation Special Assignment Personnel (COBRA) These services must be added to the base contract by a resolution of the City Council. Finally, it is also recommended to provide for Aerial Helicopter Patrol and Support to assist in overall law enforcement efforts. This enhancement must also be approved by a resolution of the City Council. APPROVED: Agendaltenj/ Page 2 RECOMMENDATIONS That the City Council: 1. Authorize the Mayor to enter in a base contract for Law Enforcement Services with Los Angeles County. 2. Adopt Resolution 93=6565, making enhancements to the base Law Enforcement contract. 3. Adopt Resolution 93-66, providing for Aerial Helicopter Support throught Los Angeles County Sheriff's Department. COUNCIL:Ia"nior tmmadd 1 CITY -COUNTY LAW ENFORCEMENT SERVICES AGREEMENT 2 3 4 THIS AGREEMENT, dated for purposes of reference only, 5 , 199_, is made by and between the 6 COUNTY OF LOS -ANGELES, hereinafter referred to as "County," and the 7 CITY OF SANTA CLARITA, hereinafter referred to as "City." 8 RECITALS: 9 (a) The City is desirous of contracting with the County.for 10 the performance of the hereinafter described law enforcement 11 functions within its boundaries by the County of Los Angeles 12 through the Sheriff thereof. '13 (b) The County of Los Angeles is agreeable to rendering such 14 services on the terms and conditions hereinafter set forth. 15 (c) Such contracts are authorized and provided for by the 16 provisions of Section 56-1/2 and 56-3/4 of the Charter of the 17 County of Los Angeles and Article 1, Chapter 1; Part 2, Division 1, 18 Title 5 of the Government Code of the State of California. 19 THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 20 1. The County agrees, through the Sheriff of the County of 21 Los Angeles, to provide police protection within the corporate 22 limits of City to the extent and in the manner hereinafter set 23 forth. 24 Except as otherwise hereinafter specifically set forth, such 25 services shall only encompass duties and functions of the type 26 coming within the jurisdiction of and customarily rendered by the 27 Sheriff of the County of Los Angeles under the Charter of said 28 County and statutes of the State of California, and under the I municipal codes of the city for which the Sheriff's"services :are 2 provided. 3 2. During the term of this agreement, the Sheriff or his 4 designee shall serve as Chief of Police of the City and shall 5 perform the functions of the Chief of Police at the direction of 6 the. City. The rendition of the services performed by the Sheriff's 7 Department, the standards of performance, the discipline of 8 officers, and other matters incident to the performance of such 9 services and the control of personnel so employed shall remain with 10 the County. In the event of a dispute between the parties to this it contract as to the extent of the duties and functions to be 12 rendered hereunder, or the minimum level or manner of performance 13 of such service, the City shall be consulted and a mutual 14 determination thereof shall be made by both the Sheriff of the 15 County and the City. The Sheriff, in an unresolved dispute, shall 16 have final and conclusive determination as between the parties 17 hereto. 18 3. Services performed hereunder may include, if requested by 19 the City, traffic enforcement, license inspection and enforcement, 20 the supplying of crossing guards, crime prevention, community 21 service officers, and law enforcement education programs. The City 22 is not limited to the foregoing services, but may also request any. 23 other service in the field of public safety, law, or related fields 24 within the legal power of the Sheriff to provide. 25 If the City desires to receivetraffic enforcement, license 26 inspection and enforcement and/or the supplying of crossing guards, 27 crime prevention, community service officers or law enforcement 28 education programs, the City shall notify the Board of Supervisors 2 I by resolution of the City Council indicating its desire. Should 2 the City desire to receive any service from the Sheriff riot 3 specifically listed above, the City Council, by resolution, must 4 indicate that -the Sheriff is willing to provide such services. 5 4. For the purpose of performing said functions, County shall 6 furnish and supply all necessary labor, supervision, equipment, 7 communication facilities and supplies necessary to maintain the 8 agreed level of service to be rendered hereunder. Notwithstanding 9 the foregoing, the City may provide additional resources for the 10 County to utilize in performance.of the services. 11 When and if both parties to this contract concur as to the 12 necessity of maintaining a law enforcement headquarters within said 13 City which would not normally be provided by the Sheriff, the City 14 shall furnish at its own cost and expense all necessary office 15 space, furniture and furnishings, office supplies, janitor service, 16 telephone, light, water and other utilities. It is expressly 17 further understood that in event such local office is maintained in 18 said City, such quarters may be used by the Sheriff of the County 19 of Los Angeles in connection with the performance of his duties in t 20 territory outside of the City, provided, however, that the 21 performance of such outside duties shall not be at any additional 22 cost to the City. 23 Notwithstanding the foregoing, it is mutually agreed that in 24 all instances where special supplies, stationery, notices, forms, 25 and the like must be issued in the name of said City, the same 26 shall be supplied by the City at its own cost and expense. 27 28 3 1 5. All persons employed in the performance of such services 2 and functions pursuant to this agreement for the City shall be 3 County employees, and no City.employee as such shall be taken over 4 by said County, and no person employed hereunder shall have any 5 City pension, civil service, or any status or right. 6 For the purpose of performing services and functions, pursuant 7 to this agreement and only for the purpose of giving official 8 status to the performance thereof, every County officer and/or 9 employee engaged in performing any such service and function shall 10 be deemed to be an officer or employee of the City while performing 11 such service for the City, which service is within the scope of 12 this agreement and is a municipal function. 13 6. The contracting City shall not be called upon to assume 14 any liability for the direct payment of any Sheriff's'Department 15 salaries, wages, or other compensation to any County personnel 16 performing services hereunder for said City. 17 Except as herein otherwise specified, the City shall not be 18 liable for compensation or indemnity to any -County employee or 19 agent of the County for injury or sickness arising out of his/her 20 employment as a contract employee of the City. 21 7. The parties hereto have executed an Assumption of 22 Liability Agreement approved by the Board of Supervisors on 23 December 27, 1977, and/or a Joint Indemnity Agreement approved by 24 the Board of Supervisors on October 8, 1991. Whichever of these 25 documents the City has signed later in time is currently in effect 26 and hereby made a part of and incorporated into this agreement as 27 if set out in full herein. In the event the Board of Supervisors 28 later approves a revised Joint Indemnity Agreement and the City 4 1 executes the revised agreement, the subsequent agreement as of its 2 effective date shall supersede the agreement previously in effect 3 between the parties hereto. 4 8. Unless sooner terminated as provided for herein, this 5 agreement shall be effective July 1, 1993 and shall remain in 6 effect untilJune30, 1994. At the option of.the Board of 7 Supervisors and with the consent of the City Council, this 8 agreement maybe renewable for successive periods of not to exceed 9 five years each. 10 The Sheriff of the County shall notify the City no less than it one year prior to the expiration of this agreement that a specific 12 renewal request will be required from the City for any succeeding 13 period. 14 In the event the City desires to renew this agreement for any 15 succeeding five-year period, the City Council, no later than 16 December.31st of the year preceding the expiration date of this 17 agreement, shall notify the Board of Supervisors of said County 18 that it wishes to renew the same, whereupon said Board of 19 Supervisors, no later than the last day of January, may notify said 20 City Council in writing of its determination concerning such 21 renewal for an additional five-year period or such other term as 22 mutually agreed upon, otherwise this agreement shall finally 23 terminate on the above specified.date. 24 Notwithstanding the provisions of this paragraph hereinbefore set forth, either party may terminate this agreement as of the 26 first day of July of any year upon notice in writing to the other 27 party of not.less than sixty (60) days prior thereto. 28 5 1 Notwithstanding any provision herein to the contrary, the City 2 may terminate this agreement upon notice in writing to the. County 3 given within sixty (60) days of receipt of written.notice by the 4 County of any increase in the rate for any service to be,performed 5 hereunder, and in such an event this agreement shall terminate 6 sixty (60) calendar days from the date of the City's notice to the 7 County aforementioned. 8 9. Basic law enforcement service will be provided by County 9 on the basis of.a general law enforcement patrol car, or multiple, 10 or fraction thereof, and a station detective, or multiple or 11 fraction thereof. it is hereby agreed that the minimum level basic 12 law enforcement service shall be mutually agreed to by both the 13 City and the County as provided in Paragraph 2 herein. 14 10. The City shall pay for such.service or services as are 15 required and requested and provided under this contract during the 16 fiscal year 1992-93 at the following rates or any revised rates or 17 combinations thereof, plus such additional amounts.as determined by 18 the County's Auditor-Contrgller that will reflect any amendment to 19 the County Salary Ordinance related to salaries and employee 20 benefits adopted by the Board of.Supervisors. 21 22 23 24 25 26 a 27 28 2 1 LAW ENFORCEMENT RATES FOR FISCAL YEAR 1992-93 2 Service Annual Cost 3 General Law 4 Enforcement Traffic Patrol 5 One -Deputy Car 6 40 hour week $ 355,999 $ 138,520 56 hour week 218,399 193,928 7 Around-the-clock, seven -days -a -week 8 basis (three shifts, one -deputy car) 655,197 581,784 9 Team Leader 161,421 144,526 10 Two Deputy Car 11 40 hour week 306,643 271,684 56 hour week 429,300 380,358 12 Around -the clock, seven -days -a -week 13 basis (one shift) one -deputy car; two shifts, two -deputy car) 1,076,999 954,644 14 Civilian Parking Control Officer 45,432 15 Crossing Guard (hourly) 7.99 16 Station Detective 117,482 17 License Investigation (hourly) 18 Civilian Investigator 66.16 19 Helicopter Patrol & Response (hourly) 399.93 20 Community Relations Officers Deputy Sheriff, Generalist 86,944 21 Sergeant 111,775 Lieutenant 119,592 22 Community Services Officer: 23 With Vehicle 25,781 Without Vehicle 20,681 24 Special Assignment officer: 25 Generalist 98,801 Generalist with Relief 114,865 26 Sergeant 118,172 Sergeant with Relief 137,384 27 NOTE: These rates do not include Contract City Liability Trust Fund Pool 28 contributions. 7 1 The foregoing rates shall be readjusted by the County Auditor - 2 Controller annually effective July 1 of each year to reflect the 3 cost of such service'in accordance with the policies and procedures 4 for the determination of such rate as adopted by the Board of 5 Supervisors of County. 6 If the cost of providing the services changes at any time, the 7 City shall be notified of each such change in writing and the same 8 shall be effective on the first day of the calendar month next 9 following giving of such notice. 10 11. The cost of other services requested pursuant to this 11 agreement and not set forth in Paragraph 10 shall be determined by 12 the Auditor -Controller in accordance with the policies and 13 procedures established by the Board of Supervisors of County. 14 12. The County, through the Sheriff of the County of Los. 15 Angeles, shall render to said City within ten days after the close 16 of each calendar month a summarized invoice which covers all 17 services performed during said month, and said City shall pay 18 County therefor within thirty (30) days after date of said invoice. .19 If such payment is not delivered to the County office which is 20 described on said invoice within thirty (30) days after the date of 21 the invoice, the County is entitled to recover interest thereon. 22 Said interest shall be at the rate of (10) percent.per annum or. 23 any portion thereof calculated from the last day of the month in 24 which the services were, performed. 25 13. Notwithstanding the provisions of Government Code Section 26 907, if such payment is not delivered to the County office which is 27 described.on-said invoice within thirty (30) days after the date of 28 the invoice, the County may satisfy such indebtedness, including 91 1 interest thereon, from any funds of the City on deposit with the 2 County without giving further notice to City of County's intention 3 to do so. 4 14. As part of its compliance with all applicable laws and 5 regulations relating to employee hiring, the County agrees that the 6 County Civil Service Rules to which it is subject and which 7 prohibit discrimination on the basis of non -merit factors, shall 8 for purposes of this contract be read and understood to prohibit 9 discrimination on the basis of sexual orientation. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 0 I IN WITNESS WHEREOF, the City of Santa Clarita, by resolution duly 2 adopted by its City Council,. caused this agreement to be signed by 3 its Mayor and attested to by its Clerk, and the County of Los 4 Angeles, by order of its Board of Supervisors, has caused these 5 presents to be subscribed by the Chairman of said Board to be 6 affixed thereto and attested by the Clerk of said Board, all on the 7 day and'year first above written. 8 CITY OF SANTA CLARITA 9 By 10 Mayor 11 COUNTY OF LOS ANGELES 12 13 By 14 Chairman, Board of Supervisors 15 ATTEST: 16 17 City Clerk 18 ATTEST: 19 'LARRY L. MONTEILH 20 Executive Officer/Clerk of the Board of Supervisors 21 22 By Deputy 23 APPROVED AS TO FORM: 24 DE WITT W. CLINTON 25 County Counsel 26 27 By Deputy 28 10 RESOLUTION NO. 93-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA-REQUESTING ADDITIONAL LAW ENFORCEMENT SERVICES WITHIN THE CITY OF SANTA CLARITA FROM THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE CITY -COUNTY LAW ENFORCEMENT SERVICES AGREEMENT. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Santa Clarita, pursuant to the terms and provisions of the City -County Law Enforcement Services Agreement, dated , 199_, and entered into by and between the City of Santa Clarita and the County of Los Angeles for general law enforcement services through the County Sheriffs Department, desires for the City specialized law enforcement services, said services being in addition to those heretofore requested by the Law Enforcement Services Agreement. Section 2. Therefore, in addition to the general law enforcement services now being provided to the City of Santa Clarita pursuant to the Law Enforcement Services Agreement, the City Council does hereby request the following additional services: Traffic Law Enforcement Community Service Personnel Parking Control Narcotics Education Program (SANE) License Investigation and Enforcement School Crossing Guards Special Assignment personnel Section 3. It is hereby requested that the 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 existing Law Enforcement Services Agreement dated , 199. -2 - Section -4. The City Clerk is hereby directed to forward a certified copy of this resolution to the Clerk of the Board of Supervisors, to the County Sheriffs Department, and the Chief Administrative Office of the County of Los Angeles. PASSED AND APPROVED this ATTEST: City Clerk I HEREBY CERTIFY resolution passed by -the City meeting thereof held on the _ day of , 199_. Mayor that the foregoing is a true and correct copy of a Council of the City of Santa Clarita at a regular day of , 199_ . City Clerk W! Section 4. The City Clerk is hereby directed to forward a certified copy of this resolution to the Clerk of the Board of Supervisors, to the County Sheriff's Department,. and the Chief Administrative Office of the County of.Los Angeles. PASSED, APPROVED AND ADOPTED this Ilth day of May, 1993 AYES: . Boyer, Darcy, Klajic, Pederson, Heidt NOES: None ABSTAIN: None ABSENT: None MAYOR ATTEST: CITY CLERK RESOLUTION NO. 93-66 A RESOLUTION OF THE CITY COUNCIL OF SANTA CLARITA REQUESTING ADDITIONAL LAW ENFORCEMENT SERVICES WITHIN THE CITY OF SANTA CLARITA FROM THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE CITY -COUNTY LAW ENFORCEMENT SERVICES AGREEMENT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Santa Clarita, pursuant to the terms and provisions of the City -County Law.Enforcement Agreement, dated , 199_, and entered into by and between the County of Los Angeles through the County Sheriff's Department, to provide additional law enforcement services, said services being in addition to those heretofore requested by the Law Enforcement Services Agreement. Section 2. The County of Los Angeles, through its Sheriff's Department, has expressed its willingness to provide Aerial Helicopter Patrol and Support Service on a fee basis pursuant to a.policy which defines Countywide, and less than Countywide, helicopter enforcement services. Section -J. In addition to the general law enforcement services now being provided to the City of Santa Clarita pursuant to the Law Enforcement Services Agreement, the City Council does hereby request Aerial Helicopter Patrol and Support Service. Section 4. It is hereby requested that the 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 existing Law Enforcement Services Agreement. -2 - Section 5. The City Clerk is hereby directed to forward a certified copy of this resolution to the Clerk of the Board of Supervisors, the County Sheriff's Department, and the Chief Administrative Officer of the County of Los Angeles. PASSED, APPROVED AND ADOPTED this day of , 199 AYES: NOES: ABSTAIN: ABSENT: ATTEST: City CIerk Mayor