HomeMy WebLinkAboutE-07 LASD Bomb Dog AGREEMENT 2016-2017CONSENT ITEM
E-7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: STEPHAN E. HUNT, ACTING CHIEF OF POLICE
DATE: NOVEMBER 7, 2016
SUBJECT: APPROVE AN EXTENSION TO THE AGREEMENT BETWEEN LOS ANGELES
COUNTY SHERIFF’S DEPARTMENT (LASD) AND THE CITY OF AZUSA FOR
BOMB DETECTION SERVICES
SUMMARY:
Los Angeles County Sheriff’s Department (LASD) has contracted with the City for the past two (2)
years for bomb detection services. The proposed action approves a five (5) year extension to the
agreement with LASD for bomb detection services through the 2020/2021 fiscal year.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1) Approve a five (5) year extension to the agreement between the City of Azusa and Los Angeles
County Sheriff’s Department (LASD) to provide bomb detection services through the 2020/2021
fiscal year; and
2) Authorize the City Manager to execute the agreement, in a form acceptable by the City Attorney,
on behalf of the City of Azusa.
DISCUSSION:
This agreement will mark the third year of the bomb detection program between LASD and the Police
Department. The function of the bomb detection team is comparable to that of a traditional bomb squad
with the assistance of a canine. The bomb detection team is used by the Police Department as necessary
and for certain special events like the Revel Canyon City Marathon. For special events like the
marathon, the organizer, Brooksee Endurance Events, is billed for 100% of the costs for the bomb
detection team. If the Police Department were to call out the bomb detection team the service is
provided under mutual aid. There is no cost to the City.
APPROVED
COUNCIL MEETING
11/7/2016
Agreement with LASD for Bomb Detection Services
November 7, 2016
Page 2
LASD and the Police Department have found the bomb detection program mutually beneficial and
recommend entering into a five year agreement through 2020/2021 fiscal year. The proposed extension
will extend the agreement now expired that was signed by retired Chief of Police Sam Gonzalez on
October 29, 2014.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action as all costs associated with the bomb
detection team are paid for by the event organizer.
Prepared by: Reviewed and Approved:
Rick Hayden Stephan E. Hunt
Lieutenant Acting Chief of Police
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager
Attachments:
1) Five (5) year agreement between LASD and the City of Azusa
2) Public entity contract- hourly overtime rates (LASD)
1
SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
CITY OF AZUSA
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
RECITALS.............................................................................................................................. 2
1.0 SCOPE OF SERVICES…………............................................................ 2
2.0 ADMINISTRATION OF PERSONNEL................................................. 4
3.0 INDEMNIFICATION............................................................................... 5
4.0 TERM OF AGREEMENT........................................................................ 5
5.0 RIGHT OF TERMINATION................................................................... 5
6.0 BILLING RATES...................................................................................... 6
7.0 PAYMENT PROCEDURES.................................................................... 6
8.0 AMENDMENTS…………….................................................................... 7
9.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING….….. 7
10.0 AUTHORIZATION WARRANTY.......................................................... 7
11.0 GOVERNING LAW, JURISDICTION, AND VENUE ........................ 7
12.0 NOTICES…………………………………………………........................ 8
13.0 VALIDITY……………………………………………….......................... 8
14.0 WAIVER.…………………………………………………........................ 8
15.0 ENTIRE AGREEMENT………………………………………………... 9
SIGNATURES………………………………………………………….…........................... 10
EXHIBIT A - SUPPLEMENTAL LAW ENFORCEMENT SERVICES RATES
2
SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
CITY OF AZUSA
This Supplemental Law Enforcement Services Agreement ("Agreement") is entered into this ____
day of _____________, 2016, by and between the County of Los Angeles ("County") and City of
Azusa ("Public Entity.")
RECITALS
(a) Whereas, the Public Entity is desirous of contracting with the County for the performance
of the supplemental law enforcement functions described herein by the Los Angeles
County Sheriff’s Department ("Sheriff's Department"); and
(b) Whereas, the County is agreeable to rendering such supplemental law enforcement services
within the County on the terms and conditions set forth in this Agreement; and
(c) Whereas, this Agreement is authorized by the provisions of Section 56-1/2 and/or 56-3/4
of the Charter of the County of Los Angeles and/or Section 51301 of the California
Government Code; and
(d) Whereas, the County is agreeable to rendering such supplemental law enforcement
services, as available, on the terms and conditions set forth in this Agreement.
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 agrees, as available, through the Sheriff's Department, to provide
supplemental law enforcement services to the Public Entity. The classification and
approximate numbers of personnel provided by the County shall be determined and
mutually agreed upon by the Sheriff's Department and the Public Entity prior to the
provision of supplemental law enforcement services, and set forth in an operations
plan which shall be attached hereto as an Amendment to this Agreement and
3
incorporated herein by this reference. The hours of duty performed by County
employees will be established and agreed upon in accordance with the requested
supplemental law enforcement services.
1.2. The request for supplemental law enforcement services shall be a written request
on official Public Entity letterhead. The request shall contain specific dates of
service, hours of operation, number of personnel requested, classification of
personnel requested, and duties and responsibilities associated with the type of
service requested.
1.3 The request shall be signed by a representative of the Public Entity who is duly
authorized to enter into such agreements for supplemental law enforcement
services. The request shall be submitted to the Los Angeles County Sheriff’s
Department’s Contract Law Enforcement Bureau located at 211 W. Temple Street,
7th Floor, Los Angeles, California 90012.
1.4 For the purpose of performing said services, County shall furnish and supply, as
available, all necessary labor, supervision, personnel, helicopters, equipment,
communications, fuel, and supplies necessary to provide the supplemental law
enforcement services to be rendered hereunder. Notwithstanding the foregoing, the
Public Entity may provide additional resources for the County to utilize in the
performance of the supplemental law enforcement services.
1.5 If applicable, the Public Entity hereby grants to the County, the Sheriff’s
Department, and its personnel responding to requests for supplemental law
enforcement services herein the right to transmit and broadcast communications to
the Public Entity's police department's units via the primary dispatch frequency
and/or any other law enforcement frequency for which the Public Entity is licensed
by FCC.
1.6 Except as otherwise specifically set forth in this Agreement, supplemental law
enforcement services shall encompass duties and functions within the jurisdiction
of and customarily rendered by the Sheriff's Department under the Charter of the
County and the statutes of the State of California.
4
2.0 ADMINISTRATION OF PERSONNEL
2.1 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 Public Entity shall be consulted and a mutual
determination thereof shall be made by both the Sheriff's Department and the Public
Entity
2.2 The rendition of the services performed by the Sheriff's Department, 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 With regard to Paragraphs 2.1 and 2.2 above, in the event of an unresolved dispute
over the minimum level of performance of services, the County shall have final and
conclusive determination as between the parties hereto.
2.4 All Public Entity employees who work in conjunction with the Sheriff’s
Department pursuant to this Agreement shall remain employees of the Public Entity
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
Public Entity employees shall become employees of the County.
2.5 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 not
to establish an agency relationship, 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 Public Entity while performing such service for the Public Entity,
as long as the service is within the scope of this Agreement and is a Public Entity
function.
2.6 The Public Entity shall not be called upon to assume any liability for the direct
payment of any Sheriff's Department salaries, wages, or other compensation to any
County personnel performing services hereunder for said Public Entity. Except as
herein otherwise specified, the Public Entity 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 Public Entity.
5
2.7 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 INDEMNIFICATION
3.1 Public Entity shall indemnify, defend, and hold harmless the County, its Special
Districts, elected and appointed officers, employees, and agents from and against
any and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from or
connected with the Public Entity’s acts and/or omissions arising from and/or
relating to this Agreement.
3.2 County shall indemnify, defend, and hold harmless the Public Entity, its Special
Districts, elected and appointed officers, employees, and agents from and against
any and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from or
connected with the County’s acts and/or omissions arising from and/or relating to
this Agreement.
4.0 TERM OF AGREEMENT
The term of this Agreement shall commence July 1, 2016 or upon execution by the Sheriff,
whichever is later, and shall terminate June 30, 2021, unless sooner terminated or extended
in whole or in part as provided for herein.
5.0 RIGHT OF TERMINATION
5.1 Either party may terminate this Agreement with or without cause by giving not less
than sixty (60) calendar days advance written notice to the other party.
5.2 Notwithstanding the foregoing, the Sheriff may cancel the provision of services
with only ten (10) calendar days advance notice, or less in the event of exigent
circumstances, if the Sheriff concludes that there are insufficient personnel to
provide the agreed upon services and still perform other Sheriff’s duties as required
by law.
6
5.3 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.
6.0 BILLING RATES
6.1 For and in consideration of the rendition of the supplemental law enforcement
services to be performed by the County for the Public Entity under this Agreement,
the Public Entity shall pay County for said services provided by County under the
terms of this Agreement at the appropriate and prevailing billing rates set forth on
Exhibit A, Supplemental Law Enforcement Services Rates, as established by the
County Auditor-Controller. The billing rates listed shall be readjusted annually by
the County Auditor-Controller effective July 1 of each year to reflect the cost of
such service. In such case, the annual rate adjustment shall be reflected in a revised
Attachment A and attached to this Agreement as an Amendment consistent with
Section 8.0, Amendments, of this Agreement to reflect the change in billing rates
each fiscal year.
6.2 The billing rates depicted on Exhibit A, Supplemental Law Enforcement Services
Rates, are developed and deemed appropriate by the County Auditor-Controller to
reflect the County’s actual costs in the compensation of employees at premium
overtime rates (except Deputy Sheriff - Reserves), the administration of workers’
compensation benefits, and the overhead of the County attributable to the provision
of services pursuant to this Agreement. The foregoing rates are adjusted annually
pursuant to the policies and practices adopted by the Los Angeles County Board of
Supervisors governing the determination of such actual costs.
7.0 PAYMENT PROCEDURES
7.1 The County, through the Sheriff's Department, shall render to the Public Entity a
summarized invoice which covers all services performed during said month, and
the Public Entity shall pay County for all undisputed amounts within sixty (60)
calendar days after date of said invoice.
7
7.2 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 Public Entity shall
provide the County with written notice of the dispute including the invoice date,
amount, and reasons for dispute within ten (10) calendar days after receipt of the
invoice. The parties shall memorialize the resolution of the dispute in writing. For
any disputed amounts, interest shall accrue if payment is not received within sixty
(60) calendar days after the dispute resolution is memorialized.
7.3 Said interest shall be at a rate of ten percent (10%) per annum or any portion thereof,
calculated from the date payment was due pursuant to Paragraphs 7.1 and 7.2
above.
8.0 AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a
written Amendment duly executed by authorized personnel of the County and the Public
Entity.
9.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
A party shall not assign its rights and/or subcontract, or otherwise delegate, its duties under
this Agreement, either in whole or in part, without the prior written consent of the other
party, and any attempted assignment or delegation without such consent shall be null and
void.
10.0 AUTHORIZATION WARRANTY
The Public Entity represents and warrants that the person executing this Agreement for the
Public Entity is an authorized agent who has actual authority to bind the Public Entity to
each and every term, condition, and obligation of this Agreement and that all requirements
of the Public Entity have been fulfilled to provide such actual authority.
11.0 GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of California. The parties agree and consent to the exclusive jurisdiction of the courts
of the State of California for all purposes regarding this Agreement and further agree and
8
consent that venue of any action brought hereunder shall be exclusively in the County of
Los Angeles.
12.0 NOTICES
Unless otherwise specified herein, all notices or demands required or permitted to be given
or made under this Agreement shall be in writing and shall be hand delivered with signed
receipt or mailed by first class registered or certified mail, postage prepaid, addressed to
the parties at the following addresses and to the attention of the person named. Addresses
and persons to be notified may be changed by either party by giving ten (10) calendar days
prior written notice thereof to the other party.
Notices to the County shall be addressed as follows:
Los Angeles County Sheriff's Department
Contract Law Enforcement Bureau
Attn: Richard T. Mouwen, Captain
211 W. Temple Street, 7th Floor
Los Angeles, California, 90012
Notices to the Public Entity shall be addressed as follows:
Azusa Police Department
Attn: Steve Hunt, Acting Chief of Police
725 N. Alameda Avenue
Azusa, CA 91702
13.0 VALIDITY
If any provision of this Agreement or the application thereof to any person or circumstance
is held invalid, the remainder of this Agreement and the application of such provision to
other persons or circumstances shall not be affected thereby.
14.0 WAIVER
No waiver by the parties of any breach of any provision of this Agreement shall constitute
a waiver of any other breach or of such provision. Failure of the parties to enforce at any
time, or from time to time, any provision of this Agreement shall not be construed as a
waiver thereof.
15.0 ENTIRE AGREEMENT
9
This Agreement, including Exhibit A, Supplemental Law Enforcement Services Rates, and
any executed Amendments hereto or thereto, constitute the complete and exclusive
statement of understanding of the parties which supersedes all previous agreements, written
or oral, and all communications between the parties relating to the subject matter of this
Agreement. No change to this Agreement shall be valid unless prepared pursuant to
Section 8.0, Amendments, of this Agreement and signed by both parties.
10
SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
CITY OF AZUSA
IN WITNESS WHEREOF, the Los Angeles County Board of Supervisors has caused this
Agreement to be executed by its Sheriff, and the Public Entity has caused this Agreement to be
executed on its behalf by its authorized officer, on the dates written below.
COUNTY OF LOS ANGELES
By ________________________________
Jim McDonnell, Sheriff
Date _______________________________
CITY OF AZUSA
By ________________________________
Troy Butzlaff, City Manager
Date _______________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
MARY WICKHAM
County Counsel
By __________________________ By ______________________________
Deputy County Counsel Marco Martinez, City Attorney
SERVICE UNIT HOURLY***LIABILITY TOTAL
RATE @ 3%COST
Deputy Sheriff, Generalist 72.27$ 2.17$ 74.44$
Deputy Sheriff, Bonus I 78.55$ 2.36$ 80.91$
Deputy Sheriff, Bonus II 95.96$ 2.88$ 98.84$
*Deputy Sheriff, Bonus II- SEB/ESD 101.24$ 3.04$ 104.28$
*Deputy Sheriff, Bonus II- Pilot 101.24$ 3.04$ 104.28$
Deputy Sheriff, Reserve 37.76$ 1.13$ 38.89$
Sergeant 95.23$ 2.86$ 98.09$
*Sergeant- SEB/ESD 100.47$ 3.01$ 103.48$
**Sergeant- Pilot 110.94$ 3.33$ 114.27$
Lieutenant 114.29$ 3.43$ 117.72$
Security Officer 34.86$ 1.05$ 35.91$
Security Assistant 22.00$ 0.66$ 22.66$
Custody Assistant (Custody)46.14$ 1.38$ 47.52$
Custody Assistant (Patrol)48.67$ 1.46$ 50.13$
Community Services Assistant 27.34$ 0.82$ 28.16$
Parking Control Officer, Supervising 40.38$ 1.21$ 41.59$
Parking Control Officer, Sheriff 34.95$ 1.05$ 36.00$
Criminalist 60.36$ 1.81$ 62.17$
Criminalist, Senior 81.34$ 2.44$ 83.78$
Criminalist, Supervising 85.88$ 2.58$ 88.46$
Criminalistics Lab Technician 40.58$ 1.22$ 41.80$
* Additional Bonus 5.5% / ** Addt'l Bonus 16.5%
***The above rates do not include the liability cost at 3%.
Rates are effective July 1, 2016 thru June 30, 2017
SHERIFF'S DEPARTMENT
C O U N T Y O F L O S A N G E L E S
"A Tradition of Service"
Since 1850
CLEB: RZ updated 02/10/16
PUBLIC ENTITY CONTRACT - HOURLY OVERTIME RATES
FISCAL YEAR 2016-17
AS PUBLISHED BY THE AUDITOR-CONTROLLER