AGREEMENT
FOR
REIMBURSEMENT OF HELICOPTER PATROL SERVICES
THIS AGREEMENT, effective Nov. lb , 2022, is made and entered into by and between the City of Lakewood ("Lakewood"), and the City of Hawaiian Gardens ("Hawaiian Gardens").
WITNESS ETH:
WHEREAS, the City Council of Lakewood approved an agreement on May 28, 2019, with the County of Los Angeles entitled "Helicopter Patrol Law Enforcement Services Agreement by and between County of Los Angeles and City of Lakewood" (the "County Agreement"); and WHEREAS, by the terms and provisions of the County Agreement, the County of Los Angeles has agreed to provide helicopter patrol law enforcement services within the corporate limits of Lakewood; and
WHEREAS, by the terms and provisions of the County Agreement, the County of Los Angeles has agreed through the Sheriff to participate in a helicopter patrol program within the corporate limits of Lakewood, and within other cities should said other cities elect to participate in this program, and enter into an agreement with Lakewood whereby said other cities would agree to reimburse Lakewood for their share of the cost of services thereunder; and WHEREAS, Hawaiian Gardens is responsible for providing public safety services within its jurisdiction, and desires Lakewood to provide helicopter patrol law enforcement services within its jmisdiction, and
WHEREAS, Hawaiian Gardens should pay to Lakewood for helicopter patrol services compensation as hereinafter set forth; and
WHEREAS, this Agreement shall be effective during the term of the agreement between the County of Los Angeles and the City of Lakewood, aforementioned, and is subject to the terms and provisions of said agreement; and
WHEREAS, this Agreement supersedes all previous agreements between Lakewood and Hawaiian Gardens with respect to reimbursement for helicopter patrol law enforcement services.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. As of the effective date, and for as long as Lakewood elects to and maintains a helicopter patrol program within the corporate limits of Lakewood with the Sheriff of the County of Los Angeles, Hawaiian Gardens shall receive helicopter patrol services as provided in this Agreement. Said services shall be at the level, in the manner and subject to the terms and provisions of the County Agreement.
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2. In consideration of said services, Hawaiian Gardens agrees to reimburse Lakewood for Hawaiian Gardens' share of the cost of said services in an amount not to exceed $100,000.00 unless agreed to in writing by the parties. A retainer in an amount no less than $25,000 shall be remitted to Lakewood, and maintained at all times, to pay for such services. Lakewood reserves the right to adjust said minimum retainer amount based upon changed circumstances by notice to Hawaiian Gardens at least 30 days prior thereto.
3. Helicopter patrol services will be billed at an all inclusive hourly rate of $950 in tenth of an hour increments, rounded up to the nearest tenth. The hourly rate includes all costs necessary to operate the Sky Knight program, to include personnel salaries and benefits, Sheriffs Deputy Observer contract rate, maintenance, fuel, uniforms and equipment and related operating expenses. Lakewood reserves the right to adjust the hourly rate based upon changed circumstances by notice to Hawaiian Gardens at least 30 days prior thereto. The monthly cost of services rendered will be deducted from the available balance of the retainer until the retainer has been fully expended. In the event the cost for services for a given month exceeds the available retainer balance, Hawaiian Gardens will be invoiced for the amount due as provided for herein. When the retainer balance has been depleted, Hawaiian Gardens shall submit an additional retainer amount to Lakewood, in an amount no less than $25,000, to continue to receive helicopter patrol law enforcement services. However, Hawaiian Gardens shall not be billed more than $100,000.00 unless agreed to in writing by the parties.
4. Billable service hours will be calculated based on i) total time in minutes from the enroute time through to completion of the assignment for assigned or requested response to an incident, or ii) total time in minutes from time entered to time exited Hawaiian Gardens for routine, self initiated patrol. Self initiated patrol shall be determined and agreed upon on an as needed basis between Lakewood and Hawaiian Gardens.
5. Unless sooner terminated as provided for herein, this Agreement shall remain in effect from the above effective date through June 30, 2023. This Agreement may renewed annually upon written agreement of the parties. Notwithstanding the provisions of this paragraph, Lakewood may terminate this Agreement at any time by giving Hawaiian Gardens 30 days written notice of termination, and Hawaiian Gardens may terminate this Agreement at any time by giving Lakewood 180 days written notice of termination. However, in the event that Lakewood provides notice of change in the minimum retainer amount (Section 2) or notice of change in the hourly rate (Section 3), Hawaiian Gardens may terminate this Agreement by giving Lakewood 30 days written notice of termination.
6. Lakewood shall render to Hawaiian Gardens within 30 days after the close of each calendar month, or as promptly thereafter as possible, an itemized invoice covering all services provided by Lakewood under this Agreement and the amount deducted from the remaining balance of the retainer during said month. In the event there is insufficient retainer funds available to cover the cost of services for the month, Hawaiian Gardens shall pay Lakewood therefore within 30 days after the date of said invoice. All payments shall be made payable to the City of Lakewood and delivered to the Director of Finance at 5050 Clark A venue, Lakewood, California. If such payment is not delivered to the Director of Finance within said time limit, the City is entitled to recover - 2 -
interest thereon. Said interest shall be at the rate of seven percent (7%) per annum, or any portion thereof, calculated from the last day of the month from which the services were performed.
Notwithstanding the foregoing, it is expressly understood and agreed that Lakewood reserves the right upon nonpayment of any such billing to withdraw from Hawaiian Gardens any further helicopter patrol services. Notwithstanding the foregoing, it is further expressly understood that Lakewood may at its option in the event of nonpayment of any billing by Hawaiian Gardens, terminate this Agreement on 30 days written notice to Hawaiian Gardens.
7. Lakewood shall only provide helicopter patrol services to Hawaiian Gardens as agreed upon in writing by the City Managers of both cities, and/or their authorized designee(s), and such services may be adjusted from time to time in writing. Such requests for helicopter patrol services may include, but are not limited to, the following emergency situations: assault with a deadly weapon (firearm or other weapons), robbery, critical missing child or dependent adult, burglary in progress, stolen vehicles, hit and run traffic collisions, deputy involved in a fight, vehicle pursuit, foot pursuit, and emergency incidents requiring containments. City Managers shall provide written notice to one another of their authorized designee(s). Hawaiian Gardens shall not be responsible for paying any helicopter patrol services that were not requested by the City Manager and/or his/her designee(s). Lakewood does not by this Agreement guarantee to Hawaiian Gardens any level of law enforcement services or patrol services within the jurisdiction of Hawaiian Gardens. Lakewood shall not be liable to Hawaiian Gardens for any failure or lack of helicopter patrol service in the event any or all of said helicopters should be inoperative for any reason beyond Lakewood's control.
8. It is further understood and agreed that Lakewood shall provide the helicopters and their maintenance, fuel, repairs, hull insurance, and equipment as well as the pilots hereof, and in providing the aforegoing the same shall be under the jurisdiction and control of Lakewood at all times.
9. It is further understood and agreed that the law enforcement services provided herein are provided by the Sheriff to the County of Los Angeles under his jurisdiction and control and at the level and in the manner and subject to the terms and provisions of the County Agreement.
10. It is further agreed by and between Lakewood and Hawaiian Gardens that if for any reason Lakewood should not be able to continue to provide said helicopters or replacements thereof, Lakewood or Hawaiian Gardens may terminate this Agreement without further liability to either party.
11. Lakewood agrees to indemnify, defend and hold harmless Hawaiian Gardens, its officers, employees, and agents from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage ("Claims") arising from or related to Lakewood's use, operation, maintenance, or ownership of helicopter or other aircraft used in connection with this Agreement ("Indemnified Claims"); provided, however, the foregoing shall not apply to Claims in which the alleged liability arises from the actions or conduct of law enforcement personnel while not operating or using the helicopter or other aircraft (for example, claims of excessive force) ("Exempt Claims"). In the event a Claim arises from or relates to both - 3 -
an Indemnified Claim and an Exempt Claim, Lakewood shall indemnify Hawaiian Gardens to the extent of its proportionate share of liability under the Indemnified Claim and Hawaiian Gardens shall be responsible for its proportionate share ofliability under the Exempt Claim, as determined in any legal action or as otherwise mutually agreed to by the Parties.
12. All amendments and modifications to this Agreement must be made in a signed writing by all of the parties hereto.
13. This Agreement, and any amendments hereto, 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.
14. Any notice required to be given under this Agreement shall be given in writing and shall be given by enclosing the same in a sealed envelope postage paid and depositing the same in the United States Post Office, or by personal service on the aforegoing, addressed as follows:
City of Lakewood
City of Hawaiian Gardens
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Joshua Y ordt, Public Safety Director
City of Lakewood
5050 Clark Avenue
Lakewood, California 90712
Ernesto Marquez
City Manager
City of Hawaiian Gardens
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
IN WITNESS THEREOF, the parties' authorized representatives have executed this Agreement, below.
CITY OF LAKEWOOD
By:ffe-21111~
City Manager
Date: 11/18/2022
ATTEST:
By: ~/}.~ ~ CiyClerk - L)
Date: 11/18/2022
APPROVED AS TO FORM BY
CITY ATTORNEY:
By:~·
City Attorney
Date: 11/17/2022
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CITY OF HAWAIIAN GARDENS
Date: I( { l<..(z.o '2.-'2--
ATTEST:
1 Kc;;o By:--=-/_ :C., _____ _
City Clerk
Date: 1' / lb/;;, . .,)-:;)_.
APPROVED AS TO FORM BY
CITY ATTORNEY:
By J».~ ,w 4( ~,Qe,l .
City ttorney
Date: 11/16/2022