HomeMy Public PortalAbout11) 7F Renewal of Municipal Law Enforcement Services Agreement with the County of LAAGENDA
ITEM 7.F.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE : June 18, 2019
TO: The Hon orab le City Co uncil
FROM: Brya n Cook, City Manager
By : Bryan Ari iz umi , Public Safety Supervisor
SUBJECT : RENEWAL OF THE MUNICIPAL LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR LAW
ENFORCEMENT SERVICES WITH THE LOS ANGELES COUNTY
SHERIFF 'S DEPARTMENT
RECOMMENDATION :
The City Counci l is req uested to :
1. Approve the renewa l of the Municipal Law Enforcement Services Agreement
(Attac hm ent "A ") with the County of Los A ngeles (C ounty); and
2 . Authorize the City Manage r to execute the agreement.
BACKGROUND:
1. On September 21 , 2009 , the City Counci l approved the renewa l of the Municipal
Law Enfo rcement Services Agreement (MLESA) with the County of Los Angeles for
a five -yea r period (i .e ., July 1, 20 09 to Ju ne 30 , 2014).
2 . On April 1, 20 14 , the City Council approved t he renewal of the Mun icipa l Law
Enforcement Services Agreement with the County of Los Angeles for a five-year
period (i .e ., July 1, 2014 to June 30 , 2019).
ANALYSIS:
As a co ntra ct city , Temple C ity is required to enter i nto a Municipal Law Enforcement
Services Agreement with the Los Ange les County Sheriff's Department.
The California Contract Cities Assoc iation and representatives of various contract cities
have been working on the preparation of t he new Municipal Law Enforcement Services
Agreement , which would provide for a five -year renew al through June 30 , 2024 . A
City Council
June 18 , 2019
Page 2 of 2
uniform agreement is used by the County and all of the contracting cities for these
services .
The new five-year agreement con tains some minor changes from the previous
agreement. Most notable are changes are in Section 2.2 , which has been revised with
new language regarding redeployment of personnel for mutual aid purposes , Sect ion 2.3,
has been revised to include language regarding the hierarchy for contract d ispute
resolut ion . Sections 3 .2 and 3.3 , have been revised to include language regarding the
minimum daily standard of staffing to ensure effective collaboration between the Sheriff's
Department and the City .
Under the MLESA, the City and the Sheriffs Department will negotiate and develop
acceptable service levels for deployment of Sheriff's Department personnel i n Temple
City by completing a Sheriff's Department Service Level Authorization Form (SH-AD 575).
As part of the annual budget process , a new SH-AD 575 is completed and signed annually
by the City and Sheriff's Department. Should the City request a change in serv ice levels
before the end of the fiscal year, a revised SH -AD 575 can be completed to reflect the
increase or decrease of personnel.
CITY STRATEGIC GOALS:
Approval of the Municipal Law Enforcement Services Agreement with the County of Los
Angeles will further the City's Strategic Goals of Good Governance and Public Health and
Safety.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY ) 2018-19 City Budget. The
service and deployment levels for FY 2019-20 will be determ ined during the normal
budget process .
ATTACHMENT:
A. Municipal Law Enforcement Services Agreement
ATTACHMENT A
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF TEMPLE CITY
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 INDEMN"IFICATION............................................................................... 6
6.0 TERM OF AGREEMENT........................................................................ 6
7.0 RIGHT OF TERMINATION................................................................... . 7
8.0 BILL'ING RATES..................................................................................... 7
9.0 PAYMENT PROCEDURES.................................................................... 8
10.0 NOTICES ........................................................................................... 9
11 .0 AMENDMENTS................................................................................... 9
12.0 AUTHORIZATION WARRANTY......................................................... 10
13 .0 ENTIRE AGREEMENT.......................................................................... 10
SIGNATURES ....................................................................................................... 11
ATTACHMENT A: Los Angeles County Sherifrs 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
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF TEMPLE CITY
This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered
into this ___ day of ________ , 2019 by and between the County of Los Angeles
("County") and the City of Temple City ("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
("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 56 ~ and 56Y. of the County Charter
and California Government Code Section 513 01 .
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 fm1h in this Agreement.
1.2 Except as otherwise specifically set f011h 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.
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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
Depattment's sole discretion, the Sheriffs Depattment may redeploy personnel fo r
mutual aid purposes pursuant to the California Emergency Services Act, codified
at California Govemment 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 arid 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
detetmination 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 additiona l
agreement in the form of a merger agreement which must be concurrently adopted
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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 Deprutment 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
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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, anriual 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 Deprutment
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 Sheriffs Department detetmine that a temporru·y 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
yeru·-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 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 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 Depattment 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,
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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 Sheriffs
Depattment Service Le vel Authori zation (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 Sheriffs
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 ofthe Sheriffs
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, of this 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 fumish and supply all necessary labor, supervision ,
equipment, communication faciliti es, 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
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within the City which would not normally be provided by the Sheriffs Deprutment,
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 perfotmance 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 Boru·d 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
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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 pruties 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 tetminated 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 tetmination.
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 accme 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 ofthis 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 Attac hment B , Contract City Law Enforcement
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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
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 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 (1 0) calendar days after receipt of the invoice.
The pru1ies 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
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m 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) calendm· 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 flll1her notice to the City of the County's
intention to do so .
10.0 NOTICES
I 0.1 Unless otherwi se 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 clas.s registered or cet1ified mail,
postage prepaid, addressed to the pat1ies at the following addresses and to the
attention of the person named. Addresses and persons to be notified may be
changed by either pat1y by giving ten (I 0) calendar days prior written notice thereof
to the other party.
I 0 .2 Notices to the County shall be addressed as follows :
Los Angeles County Sheriffs Depa11ment
Contract Law Enforcement Bureau
Attn: Unit Commander
211 W . Temple Street. 7th Floor
Los Angeles, California 90012
Phone#: 213-229-1647
I 0.3 Notices to the City of shall be addressed as follows :
City of Temple City
Attn: City Manager
Address: 9701 Las Tunas Drive, Temple City, CA 91780
Phone #: 626-285-2171
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
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authorized representative ofthe 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
supp lemental agreements referenced in Sections 3.0, 4.0, and 9.0 ofthi s 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 AUTHORIZATIONWARRANTY
12.1 The City represents and wanants that the person executing this Agreement for the
City is an authorized agent who ha s 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 Co unty is an authorized agent who has actual authority to bind the County to
each and every term, conditio n, and obiigation 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 comple te and exclusive statement of understanding of
the parties which supersedes all previous agreeme nts, written or oral, and all
communications between the parties relating to the subj ect 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 TEMPLE CITY
IN WITNESS WHEREOF, the County of Los Angeles, b y order of its Board of
Supervisors, has caused this Agreement to be executed by the Sheriff of Los Angeles County, and
the C ity has caused this Agreement to be executed by its duly authorized representative, on the
dates written below.
ATTEST:
By __________________ __
Peggy Kuo, C ity C lerk
APPROVED AS TO FORM:
MARY C . WICKHAM
County Counsel
B y __________________ __
Principal Deputy Count y Counsel
COUNTY OF LOS ANGELES
By ________________________ _
Date
ALEX VILLANUEVA
Sheriff
-------------------------
CITY OF TEMPLE CITY
B y~--~~~~~-----------Bryan Cook, City Manager
Date
11
-------------------------
APPROVED AS TO FORM:
C IT Y ATTORNEY
By __________________ __
Greg Mur phy, Ci t y Attorney