Agenda #: 5.4
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
(MLESA) BY AND BETWEEN THE COUNTY OF LOS ANGELES AND
THE CITY OF DIAMOND BAR FOR A FIVE-YEAR TERM THROUGH
JUNE 30, 2029.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Approve, and authorize the Mayor to sign, the five-year Municipal Law Enforcement Services Agreement (MLESA) by and between County of Los Angeles and City of Diamond Bar; and
B. Authorize the City Manager to sign the annual 575 based on the Council-approved appropriations in the adopted operating budget.
FINANCIAL IMPACT:
There is no specific fiscal impact related to the approval of this agreement. Financial implications related to the Diamond Bar Los Angeles County Sheriff’s Department (LASD) contract are based on the deployment levels established in the Service Level Authorization Form 575 (Form 575). The Form 575 with corresponding unit costs and Liability Trust Fund surcharge is updated annually and contains the personnel services approved by the City Council in the annual budget.
BACKGROUND:
Every five years, cities contracting with LASD must enter into the MLESA, which establishes standard the terms and conditions for the provision of law enforcement services in contract cities. This master services agreement includes the basic scope of services, administration and deployment of LASD personnel, performance requirements, and overall contract administration standards. The proposed MLESA is valid from July 1, 2024 through June 30, 2029.
ANALYSIS:
The development of the 2024 MLESA was the result of negotiations led by the City Manager Working Group of the California Contract Cities Association. With the exception of the following, the proposed agreement contains no other substantive changes.
• Adjustment to Standard Performance Measurement. Historically, MLESA performance has been based on the overall number of service minutes produced by all deputies procured by the City, with a combined target of 98%-102% deemed to be compliant. This approach allows LASD to mix-and-match deputy time across procured units to meet requirements.
The revised MLESA would retain the same 98%-102% performance target, but apply it to each deputy procured by the City. This change ensures that each position meets the City’s requirements, with no offsets or balancing between one position and another. For example, if there was an overage in service minutes produced by a patrol deputy, it would no longer be acceptable for it to be offset by a reduction in Special Assignment Deputy time, ensuring full accountability with contracted service requirements.
• Service Unit Vehicles. Upon adding a new deputy unit to its Form 575, the City must incur an initial one-time vehicle acquisition cost for the new position.
Ongoing maintenance and replacement costs for the vehicle associated with the position are incorporated into the annual contract cost of the deputy. The revised MLESA includes language to ensure that the City is not responsible for the onetime vehicle cost when a deputy position is deleted and restored to the Form 575 within 24 months.
• Transfer of City Property to County. In the past, the City has purchased additional equipment for use by Diamond Bar deputies, including items such as LIDAR (traffic radar) and trackers used to solve package theft cases. The revised MLESA requires separate written agreements managed at contract city stations to govern items purchased by the City and temporarily transferred to the County and requires the County to maintain a detailed and regularly updated inventory of all non-vehicle City equipment in its possession, including descriptions, serial numbers (if applicable), condition upon receipt, and location. • Equipment Replacement. The revised MLESA includes new language requiring the County to make every effort to provide temporarily replacement equipment when original equipment assigned to a City deputy unit is out of service for 60 days or more.
• Continued Negotiations on Liability and Indemnity. The Liability Trust Fund (LTF) is a County trust account funded by contract cities to reimburse the County for all costs related to litigation and settlements as a part of MLESA operations. The Liability Trust Fund is self-insured for liabilities up to $10 million and carries insurance up to $50,000,000. In recent years, LASD has been involved in significant litigation and a number of high-cost settlements that have led insurers to require increased self-insurance retention amounts. In turn, the annual LTF surcharge paid by cities has risen to 12%, a figure that increases the City’s annual law enforcement bill by approximately $900,000 in FY 24-25.
During negotiations for the revised MLESA the City Manager Working Group of the California Contract Cities Association proposed changes to current liability and indemnity language to reduce overall exposure of contract cities, protect the long-term sustainability of the LTF and contract model, and encourage the County to implement effective risk mitigation measures in the department.
Ultimately, since LASD does control the training, supervision, recruitment/hiring, and discipline of deputies without City input, the full cost of liability for departmental actions should not be borne by contract cities. As the deadline to complete the MLESA approached, the County requested additional time to discuss and consider changes to the liability and indemnification language. A Letter of Understanding between the County and the California Contract Cities Association outlines how both parties will continue discussions to address these concerns.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.4.a 2024-2029 MLESA