HomeMy WebLinkAbout2014-04-22 - AGENDA REPORTS - MUNI LAW ENFORCEMENT SVCS AGMT (2)Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval: V
Item to be presented by: Tina Haddad
DATE: April 22, 2014
SUBJECT: MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
WITH COUNTY OF LOS ANGELES
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
1, City Council approve the Municipal Law Enforcement Agreement with Los Angeles County
for the period of July 1, 2014, to June 30, 2019, 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 five annual
renewal options, 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 County of Los Angeles
(County) for law enforcement services. Per the terms of the Law Enforcement Agreement
(Agreement), the County provides law enforcement services within the incorporated limits of the
City. The current five year Agreement between the City of Santa Clarita and a number of cities
throughout the County is set to expire on June 30, 2014.
Contracting with the County's Sheriffs Department provides many benefits over the City having
its own police department. Through this partnership, the City has access to regional
resources such as special weapons and tactics (SWAT) units, crime labs, special investigative
units, and many more.
The primary activities provided by the Sheriff s Department through this Agreement include
continuous neighborhood patrol, traffic enforcement, accident investigation, detective functions,
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Crime Prevention Unit (CPU), helicopter patrol, Juvenile Intervention Team (J -Team), Vital
Intervention and Directional Alternatives (VIDA) unit, Detective Bureau, parking enforcement,
community policing services, and supplemental service during special City events.
While having our own police department does not preclude us from establishing these services, it
is much more efficient to spread the costs among the County and other cities that also contract
with the Sheriffs Department.
In addition to the services provided, the City also works very closely with the Sheriffs
Department and is assigned a captain that serves as the City's Chief of Police and reports directly
to the City Manager. The contract provides the City with a highly trained police
department with vast resources and personnel that is focused on our City.
Santa Clarita is a great example of successful, innovative and efficient contract law enforcement
services. Based on experience from similar municipalities, Santa Clarita spends less money
contracting with the Sheriffs Department than it would if the City operated and maintained its
own police department.
The City experienced a drop in its Part I crime rate in 2013, with reductions over the previous
year in arson, robbery, aggravated assault, and grand theft auto. Based on FBI statistics, Santa
Clarita is one of the top 10 safest cities of its size (population over 150,000) in the nation. Santa
Clarita continues to experience some of the lowest crime rates in Los Angeles County compared
to all other cities with a population over 75,000.
The most significant changes to the Agreement are found in Sections 2.6 and 2.7. Specifically,
the new Agreement only holds the Limited Liability Trust Fund (LTF) liable for compensation to
any County employee or agent of the County for injury or sickness arising out of their
performance of services stated in the Agreement. The previous Agreement with the County does
not make this distinction and theoretically the LTF could potentially be liable for compensation
to a contract County employee if they are injured while participating in activities not outlined in
the Agreement. Each year the City pays a contribution to the LTF as a surcharge on all contract
services with the Sheriffs Department. These funds are pooled with the other contract cities in
the County and are used to pay a variety of settlement claims stemming from policing services,
such as use of excessive force, false arrest, etc.
The new Agreement also adds language to Section 3.0 pertaining to monthly service compliance
rates. The compliance rate is the percentage of minutes provided by the deputies as compared to
the target minutes that are paid for by the City. The additional language to Section 3.0 states that
the Sheriff s Department will make every attempt to avoid deployment deficiencies and if the
monthly compliance rate falls below 98%, the Chief of Police will need to meet with the City
Manager and provide a plan for resolution. The resolution may include overtime and staffing
adjustments, at no additional cost to the City, provided by the County until the City's concerns
are resolved and the required monthly deployment service levels are met. The purpose of this
modification is to strengthen the collaboration and communication between the County and the
contracting city
Since 2009 the average compliance rate for law enforcement services provided in the City is
99.98%. The County has met the City's deployment service levels consistently for the past five
years and the City does not anticipate the need for requiring a future plan for resolution from the
Sheriff's Department.
The Los Angeles County Sheriff's Department contracts with 42 cities. Of these cities, 40 have
already approved the recommended Agreement. The County Board of Supervisors is expected to
approve this Agreement during their meeting on May 20, 2014.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
Rates for law enforcement services are provided by the County of Los Angeles Auditor -
Controller on an annual basis effective July 1 of each year of the five-year agreement. Rates are
determined based on the fully burdened cost of deploying patrol units including variables such as
salary, benefits, equipment (vehicles, radios, maintenance, etc.), vacation and sick relief.
All activities required to carry out the recommended action are contained within the City's
proposed Fiscal Year 2014-2015 budget.
ATTACHMENTS
Proposed Amendments to Law Enforcement Services Agreement
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ATTACHMENT
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF
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 ....................................................
5
5.0
INDEMNIFICATION...............................................................................
5
6.0
TERM OF AGREEMENT........................................................................
6
7.0
RIGHT OF TERMINATION...................................................................
6
8.0
BILLING RATES.....................................................................................
7
9.0
PAYMENT PROCEDURES....................................................................
7
10.0
NOTICES...........................................................................................
S
11.0
AMENDMENTS...................................................................................
9
12.0
AUTHORIZATION WARRANTY.........................................................
9
13.0
ENTIRE AGREEMENT..........................................................................
9
SIGNATURES.......................................................................................................
10
ATTACHMENT A: Los Angeles County Sheriff's Department SH -AD 575
Deployment of Personnel Fform
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF
This Municipal Law Enforcement Services Agreement (hereinafter referred to as
"Agreement") is made and entered into this day of , 2014 by and
between the County of Los Angeles; (hereinafter referred to as "County") and the City of
(hereinafter referred to as "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
(hereinafter referred to as "Sheriffs Department"); and
B. Whereas, the County is agreeable to rendering such municipal law enforcement services
on the terms and conditions set forth in this Agreement; and
C. Whereas, such municipal law enforcement services agreements are authorized and
provided for by the provisions of Section 56'/2-1-2 and 563/4-3/4 of the County Charter and
California Government Code Section 51301.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good
and valuable consideration, the parties mutually agree as follows:
1.0 SCOPE OF SERVICES
1.1 The County, by and through the Sheriffs Department, agrees, thfeogh the Sheriff
F the County eF Los An e,es (heFeiaafte. Fe fen. ed to .. 25;6eyi fp \, 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
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and customarily rendered by the Sheriffs Department under the County Charter,
and the s..,,...,.s of tate of California statutes, and undei-7--the City municipal
codes.
1.3 General law enforcement services performed hereunder may include, if requested
by the City, supplemental security support, supplemental sworn officer support,
and supplemental professional civilian support staff.
2.0 ADMINISTRATION OF PERSONNEL
2.1 During the term of this Agreement, the Sheriff or his designee shall serve as Chief
of Police of the City and shall perform the functions of the Chief of Police at the
direction of the City.
2.2 The rendition of the services performed by the Sheriffs Department, the standards
of performance, the discipline of officers, and other matters incident to the
performance of such services and the control of personnel so employed shall
remain with the County.
2.3 In the event of a dispute between the parties to this Agreement as to the extent of
the duties and functions to be rendered hereunder, or the minimum level or
manner of performance of such service, the City shall be consulted and a mutual
determination thereof shall be made by both the Sheriffs Department and the
City.
2.4 With regard to ParaeraphsSeetiens 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
by the City and the County.
2.6 For the purpose of performing services and functions pursuant to this Agreement
and only for the purpose of giving official status to the performance thereof, and
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not to establish an agency relationship, every County employee ef-fieer and/
empleyee engaged in performing any such service and function shall be deemed
to be an officer or- empleyee of tli,—esaid City while performing sueh-service for4he
said City, as lang as the—which service is within the scope of sheir deties
perfemaing law -n&aFeefflea a pufs at—this Agreement and is a
municipal function.
2.7 The City shall not be called upon to assume any liability for the direct payment of
any 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 Derformance under this
agreement.
2.8 As part of its compliance with all applicable laws and regulations relating to
employee hiring, the County agrees that the County Civil Service Rules to which
it is subject and which prohibit discrimination on the basis of non -merit factors,
shall for purposes of this Agreement be read and understood to prohibit
discrimination on the basis of sexual orientation.
3.0 DEPLOYMENT OF PERSONNEL
3.1 Services performed hereunder and specifically requested by the City shall be
developed in conjunction with the Sheriffs Department and indicated on a Los
Angeles County Sheriff's Department SH -AD 575 Deployment of Personnel
Fform, attached hereto as Attachment A and incorporated herein by this reference.
3.2 City, or its designated Ceit�representative, shall meet with its respective Sheriffs
Department Station Captain when reauestine 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 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) which may cause impairments in the
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consistent delivery of services. 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 City of
this change in advance. In the event that prior notice is not possible. City shall be
notified of the change within two City business days. If monthly service
compliance falls below ninety-eight Percent (98%), then the Sheriffs Department
Station Captain shall meet with the City to discuss compliance and identify plan
for resolution. If the quarterly and/or year-to-date (September 30th, December
31st, March 31st. and June 30th) service compliance falls below ninety-eight
percent (98%) then the respective Sheriffs Department Division Chief shall meet
with the Sheriffs Department Station Captain and City to discuss compliance and
identify a plan for resolution. If City is dissatisfied with the outcome of either
resolution process, the matter will be elevated to a Sheriffs Department Assistant
Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may
include, but is not limited to, the use of overtime and/or staffing adjustments at no
additional cost to the City, and/or City -initiated service suspensions. If the City
determines it is unnecessary, City may waive either dispute resolution process
discussed above.
3_4 A new Attachment A. Los Angeles County Sheriffs Department SH -AD 575
Deployment of Personnel Form, of this Agreement shall be authorized and
signed annually by the City and the Sheriff or his designee each July 1, and
attached hereto .
3_5 Should the City request a change in level of service other than pursuant to the
annual July 1 readjustment, aft revised Attachment A, addkienel—Los An egeles
County Sheriffs Department SH -AD 575 Deployment of Personnel Fform, of this
Agreement shall be signed and authorized by the City and the Sheriff or his
designee and attached here[ .
3_6 The most recent dated and signed Attachment A, Los Angeles County Sheriff's
Department SH -AD 575 Deployment of Personnel Form. ofattaeHed 3e 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
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County Sheriffs Department SH -AD 575 Deployment of Personnel Form, of this
Agreement. 1a4The City may also request any other service in the field of public
safety, law, or related fields within the legal power of the Sheriff to provide. Such
other services shall be reflected in aft revised—anmadW Attachment A. Los
Angeles County Sheriffs Department SH -AD 575 Deployment of Personnel
Fform, under the procedures set forth in Paragraphs-geefiens 3.42 and 3.53 above.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing said general law enforcement services, County
shall furnish and supply all necessary labor, supervision, equipment,
communication facilities, and supplies necessary to maintain the agreed level of
service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources for the
County to utilize in performance of the services.
4.3 When and if both parties to this Agreement concur as to the necessity of
maintaining a law enforcement headquarters or Sheriffs Department substation
within the City which would not normally be provided by the Sheriffs
Department, the City shall furnish at its own cost and expense all necessary office
space, and the Sheriff shall have authority to negotiate with the City regarding
which entity shall pay for furniture and furnishings, office supplies, janitor
service, telephone, light, water, and other utilities.
4.4 It is expressly further understood that in the event a local office or building is
maintained in said City, such local office or building may be used by the Sheriffs
Dej)artment in connection with the performance of his duties in territory outside
of the City, provided, however, that the performance of such outside duties shall
not be at any additional cost to the City.
4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where
special supplies, stationery, notices, forms, and the like must be issued in the
name of said City, the same shall be supplied by the City at its own cost and
expense.
5.0 INDEMNIFICATION
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5.1 The parties hereto have executed an Assumption of Liability Agreement approved
by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity
Agreement approved by the Board of Supervisors on October 8, 1991. Whichever
of these documents the City has signed later in time is currently in effect and
hereby made a part of and incorporated into this Agreement as if set out in full
herein.
5.2 The parties hereto have also executed a County -City Special Indemnity
Agreement approved by the Board of Supervisors on August 25, 2009. This
document is made a part of and incorporated into this Agreement as if set out in
full herein.
5.3 In the event the Board of Supervisors later approves a revised Assumption of
Liability Agreement and/or Joint Indemnity Agreement, and the City executes the
revised agreement;; the subsequent agreement as of its effective date shall
supersede the agreement previously in effect between the parties hereto.
6.0 TERM OF AGREEMENT
6.1 The term of this Agreement shall be from July 1.201 a eptembe_ ' , 2009 through
June 30, 20194, 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 ParaeraphSeetiert 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 fust day of July of any year
upon notice in writing to the other party of not less than sixty (60) calendar days
prior thereto.
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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 anytime, with or without cause, by either
party upon written notice given to the other party at least one hundred eighty
(180) calendar days before the date specified for such termination.
7.4 In the event of a termination, each party shall fully discharge all obligations owed
to the other party accruing prior to the date of such termination, and, except as
otherwise provided herein, each party shall be released from all obligations which
would otherwise accrue subsequent to the date of termination.
8.0 BILLING RATES
8.1 The City shall pay the County for the services provided under the terms of this
Agreement at the rates set forth on Attachment A, Los Angeles County Sheriff's
Department SH -AD 575 Deployment of Personnel Form, of this Agreement, as
established by the County Auditor -Controller.
8.2 The rates set forth on Attachment A, Los Angeles County Sheriffs Department
SH -AD 575 Deployment of Personnel Fform, of this Agreement shall be
readjusted by the County Auditor -Controller annually effective July 1 of each
year, and attached hereto as an Amendment to this Agreement, to reflect the cost
of such service in accordance with the policies and procedures for the
determination of such rates as adopted by the County Board of Supervisors.
8.3 The City shall be billed based on the service level provided within the parameters
of Attachment A, Los Angeles County Sheriffs Department SH -AD 575
Deployment of Personnel Form, of this Agreement.
8.4 The cost of other services requested pursuant to ParaeraphSeetien 3.73 of this
Agreement and not set forth in Attachment A, Los Angeles County Sheriffs
Department SH -AD 575 Deployment of Personnel Fform, of this Agreement shall
be determined by the Auditor -Controller in accordance with the policies and
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procedures established by the County Board of Supervisors.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriffs Department, shall render to said City within ten
(10) calendar days after the close of each calendar month a summarized invoice
which covers all services performed during said month, and said City shall pay
County for all undisputed amounts within sixty (60) calendar days after date of
said invoice.
9.2 If such payment is not delivered to the County office which is described on said
invoice within sixty (60) calendar days after the date of the invoice, the County is
entitled to recover interest thereon. For all disputed amounts, the City shall
provide County with written notice of the dispute including the invoice date,
amount, and reasons for dispute within ten (10) calendar days after receipt of the
invoice. The parties shall memorialize the resolution of the dispute in writing.
For any disputed amounts, interest shall accrue if payment is not received within
sixty (60) calendar days after the dispute resolution is memorialized.
9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof,
calculated from the last day of the month in which the services were performed,
or in the case of disputed amounts, calculated from the date the resolution is
memorialized.
9.4 Notwithstanding the provisions of California Government Code Section 907, if
such payment is not delivered to the County office which is described on said
invoice within sixty (60) 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
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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 County of Los Angeles shall be addressed as follows:
Los Angeles County Sheriffs Department
Contract Law Enforcement Bureau
Attn: Unit Commander
4700 Ramona Boulevard
Monterey Park, California 91754
Phone #:
10.3 Notices to City of shall be addressed as follows:
City of _
Attn:
Address:
Phone #:
11.0 AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a
written Amendment duly executed by the County Board of Supervisors and an authorized
representative of the City. Notwithstanding, the Sheriff or his designee is hereby
authorized to execute on behalf of the County any Amendments and/or supplemental
agreements referenced in Sections 1.3, 3.0, 4.3, 8.2, and 9.2 of this Agreement.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing this Agreement for the
City is an authorized agent who has actual authority to bind the City to each and
every term, condition, and obligation of this Agreement and that all requirements
of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing this Agreement for
the County is an authorized agent who has actual authority to bind the County to
each and every term, condition, and obligation of this Agreement and that all
requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
This Agreement, Attachment A, and any executed Amendments thereto constitute the
complete and exclusive statement of understanding of the parties which supersedes all
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previous agreements, written or oral, and all communications between the parties relating
to the subject matter of this Agreement. No change to this Agreement shall be valid
unless prepared pursuant to Section 11.0, Amendments, of this Agreement.
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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of
Supervisors, has caused this Agreement to be executed by the Chairman of said Board and
attested by the Executive Officer -Clerk of the Board of Supervisors thereof, and the City has
caused this Agreement to be executed on its behalf by its duly authorized representative.
ATTEST:
SACHI HAMAI
Executive Officer -Clerk
Board of Supervisors
Lo
ATTEST:
Deputy
City Clerk
COUNTY OF LOS ANGELES
IN
DON KNABE
Chairman, Board of Supervisors
CITY OF
Y wmal_ • .
APPROVED AS TO FORM: APPROVED AS TO FORM:
ROBERT E. JOHN F. KRATTLI CITY
ATTORNEY
County Counsel
11-2
—Senior —Deputy County Counsel
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