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HomeMy WebLinkAbout2009-06-09 - AGENDA REPORTS - LAW ENFORCEMENT SERVICES (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: " CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by June 9, 2009 Ken Pulskamp RENEW CONTRACT WITH LOS ANGELES COUNTY SHERIFF'S DEPARTMENT FOR LAW ENFORCEMENT SERVICES City Manager's Office RECOMMENDED ACTION City Council: 1. Renew contract with Los Angeles County for Law Enforcement Services and authorize the City Manager or designee to sign the contract, subject to City Attorney approval. 2. Authorize the City Manager or designee to execute all documents, including subsequent annual renewals in accordance with the terms of the contract, subject to City Attorney approval. BACKGROUND Since incorporation, the City of Santa Clarita has contracted with the Los Angeles County Sheriff s Department for law enforcement services. Per the terms of the Law Enforcement Agreement, the County provides law enforcement services within the incorporated limits of the City. Customarily, the Agreement is renewed for five (5) year periods. Due to the ongoing issues with the Limited Liability Trust Fund (LTF) and possible future changes in the language of the contract, the California Contract Cities Association (CCCA) has requested that contract cities renew Law Enforcement Agreements for one (1) year rather than the customary five (5) year period. Currently, the Agreement includes language specific to the uses of the LTF, which the County of Los Angeles is interpreting to legitimize recent settlements in relation to illegal behavior of a Los Angeles County Sheriffs Department Deputy, which was not directly related to law enforcement services. Ar- PROD On April 28, 2009, the City Council approved an item authorizing the City Manager to execute a Tolling Agreement between the County of Los Angeles, including its Sheriff, and Sheriff Department and the California Contract Cities Association, for the purpose of continuing discussions to return the LTF monies used for settlements in relation to illegal behavior of the Los Angeles County Sheriffs Department Deputies. However, to continue to be a party to the Tolling Agreement and to have time to try to resolve this issue with County of Los Angeles the CCCA is encouraging that all contract cities renew their Law Enforcement Agreements prior to the beginning of the next fiscal year. The City's current Agreement is set to expire June 30, 2009. In addition, during the May 26, 2009, City Council Closed Session, the Council approved the City's participation in a joint -legal effort with other contract cities and the CCCA against the County of Los Angeles. The purpose of the litigation is to pursue the County of Los Angeles for the misuse of LTF monies for settlements not directly related to law enforcement services. In addition, the interpretation of the Agreement for the use of the LTF will be challenged during litigation. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT All activities required to carry out the recommended action are contained within the City's proposed Fiscal Year 2009-10 budget. ATTACHMENTS Existing Law Enforcement Services Agreement Proposed Amendment to Law Enforcement Services Agreement low 74957 CITY -COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT, dated for purposes of reference only, �0 N 3 -SA , 2004, is made by and between the COUNTY OF LOS ANGELES, hereinafter referred to as "County," and the CITY OF, hereinafter SANTA CLARITA referred to as "City". RECITALS: (a) The City is desirous of contracting with the County for the performance of the law enforcement functions described herein by the Los Angeles County Sheriff's Department. (b) The County of Los AnZD geles is agreeable to rendering such services on the terms and conditions set forth in this agreement. (c) Such contracts are authorized and provided for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and Article.1, Chapter 1, Part 2, Division 1, Title 5 of the Government Code of the State of California. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1.0 CONTRACT AUTHORIZATION 1.1 The County agrees, through the Sheriff of the County of Los Angeles, to provide general law enforcement services within the corporate limits of City to the extent and in the manner hereinafter set forth. 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 of the County of Los Angeles under the Charter of the County and the statutes of the State of California, and under the municipal codes of the City. 2.0 ADMINISTRATION OF PERSONNEL 2.1 During the term of this agreement, the Sheriff or his designee shall serve as Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City. 2.2 The rendition of the services performed by the Sheriffs Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. Page 2 of 8 0 2.3 In the event of a dispute between the parties to this contract 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 of the County and the City. 2.4 With regard to sections 2.2 and 2.3, the Sheriff, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto. 2.5 All City employees who work in conjunction with the Sheriff's Department pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employee as such shall become employees of the County unless by specific additional agreement in the form of a merger contract which must be concurrently adopted by the City and County. 2.6 For the purpose of performing services and functions, pursuant to this agreement and only for the purpose of giving official status to the performance thereof, every County officer and/or employee engaged in performing any such service and function shall be deemed to be an officer or employee of the City while performing such service for the City, as long as the service is within the scope of this agreement and is a municipal function. 2.7 The contracting 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 said City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment as a contract employee of the City. 2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non -merit factors, shall for purposes of this contract be read and understood to prohibit discrimination on the basis of sexual orientation. 3.0 DEPLOYMENT OF PERSONNEL 3.1 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. Page 3 of 8 . 4 3.2 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff and indicated on a Los Angeles County Sheriff's Department SH -AD 575 Deployment of Personnel form (Attachment A). 3.3 A new SH -AD 575 Deployment of Personnel form shall be authorized and signed annually by the City and the Sheriff or his designee each July 1, and attached to this contract as an amendment to the level of service and the contract sum. 3.4 Should the City request a change in level of service other than pursuant to the annual renewal, an additional SH -AD 575 Deployment of Personnel form shall be signed and authorized by the City and the Sheriff or his designee and attached to this contract as an amendment to the level of service and the contract sum. 3.5 The most recent dated and signed SH -AD 575 Deployment of Personnel attached to this contract shall be the staffing level in effect between the County and the City 3.6 The City is not limited to the foregoing services indicated in Attachment A, but may also request any other service in the field of public safety, law, or related fields within the legal power of the Sheriff to provide. 4.0 PERFORMANCE OF CONTRACT 4.1 For the purpose of performing said functions, 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 contract concur as to the necessity of maintaining a law enforcement headquarters or Sheriff s Department substation within the City which would not normally be provided by the Sheriff, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water and other utilities. 4.4 It is expressly further understood that in the event a local office or building is maintained in said City, such quarters may be used by the Sheriff of the County of Los Angeles in connection with the performance of his duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City. Page 4 of 8 WIN 4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said City, the same shall be supplied by the City at its own cost and expense. 5.0 INDEMNIFICATION 5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. 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 In the event the 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 CONTRACT 6.1 Unless sooner terminated as provided for herein, this agreement shall be effective July 1, 2004 and shall remain in effect until June 30, 2009. 6.2 At the option of the Board of Supervisors and with the consent of the City Council, this agreement may be renewable for successive periods not to exceed five years, each. 7.0 RIGHT OF TERMINATION 7.1 Either party may terminate this agreement as of the first day of July of any year upon notice in writing to the other party of not less than sixty (60) days prior thereto. 7.2 Notwithstanding any provision herein to the contrary, the City may terminate this agreement upon notice in writing to the County given within sixty (60) days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this agreement shall terminate sixty (60) calendar days from the date of the City's notice to the County. 7.3 This agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least 180 days before the date specified for such termination. 7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and each party shall be Page 5 of 8 e released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 CONTRACT SUM 8.1 The City shall pay for the services provided under the terms of this service agreement at the rate established by the Auditor -Controller. •1, 8.2 The rates indicated in the SH -AD 575, Deployment of Personnel form shall be readjusted by the County Auditor -Controller annually effective July 1, of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rate as adopted by the Board of Supervisors of County. 18.3 The City shall be billed based on the service level provided within the parameters of the SH -AD 575, Deployment of Personnel form. 8.4 The cost of other services requested pursuant to this agreement and not set forth in the SH -AD 575, Deployment of Personnel form shall be determined by the Auditor - Controller in accordance with the policies and procedures established by the Board of Supervisors of County. 9.0 PAYMENT PROCEDURES 9.1 The County, through the Sheriff of the County of Los Angeles, shall render to said City within ten (10) days after the close of each calendar month a summarized invoice which covers all services performed during said month, and said City shall pay County for all undisputed amounts within sixty (60) days after date of said invoice. 9.2 If such payment is not delivered to the County office which is described on said invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within 10 days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within 60 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 last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized. 9.4 Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) days Page 6 of 8 7 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 City of County's intention to do so. 10.0 ENTIRE AGREEMENT 10.1 This Agreement and Attachment A hereto, constitute the complete and exclusive statement of the parties which supercedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County. The Sheriff or his designee is authorized by the County to execute supplemental agreements referenced in sections 3.0, 4.3, and 9.2 of this Agreement. // // // // // // // // // // // // Page 7 of 8 AGREEMENT BETWEEN COUNTY OF LOS ANGELES & THE CITY OF SANTA CLARITA WITNESS WHEREOF, the Los Angeles County Board of Supervisors has caused this Agreement to be subscribed by its Chair and the seal of such Board to be hereto affixed and attested by the Executive Officer thereof, and the City has caused this Agreement to be subscribed in its behalf by its authorized officer. ATTEST: VIOLET VARONA-LUKENS Executive Officer -Clerk Los Angeles County Board of Supervisors COUNTY F LOS ANGEL S B r° ' DON KNABE Chair, Board of Supe s n"WTPH BOARD OF SUPERVISORS COUNTY OF LOS ANC°L2; ATTEST: City C1Frk 6fio D f. By � Cttorney APPROVED AS TO FORM: Lloyd W_,,,Pellman Coul counsel Senjbr Deputy C1unty Counsel J V 132 JUN 2 9 2004 VIOLET VARONA-LUKENS EXECUTIVE OFFICER CITY OF SANTA CLARITA By - CITY OF SANTA CLARITA, MAYOR Page 8 of 8 1� AMENDMENT TO CITY- COUNTY LAW ENFORCEMENT SERVICES AGREEMENT The undersigned are parties to that certain CITY -COUNTY LAW ENFORCEMENT SERVICES AGREEMENT made and entered as of (the "Agreement"), a copy of which is attached hereto as exhibit A. The parties wish to amend and modify the terms of the agreement as follows: For good and valuable consideration, paragraph 6.1 of the Agreement is replaced with the following: "6.1 Unless sooner terminated as provided for herein, this agreement shall be effective July 1, 2004 and shall remain in effect until June 30, 2010." As modified by this amendment, the Agreement remains in full force and effect and remains fully binding upon the parties. IT IS SO AGREED. Dated: June_, 2009 COUNTY OF LOS ANGELES By: Its: Dated: June_, 2009 CITY OF Its: Page 1 of 1 lb