LAC and Cities Special Indemnity Agreement a OAR D OF
SUPERVSORS OR._,,fR bk- CQP
ACHMENT B
COUNTY-CITY SPECIAL INDEMNITY AGREEMENT
THIS AGREEMENT ("Agreement"), dated for reference purposes on the
day of , 2009, is made and entered into between the County of
Los Angeles, hereinafter referred to as the "County," and the Cities identified in
Recital G below, hereinafter cumulatively referred to as the "Cities."
RECITALS
A. Cities, and each of them, and County have heretofore contracted for
the performance of law enforcement services to be provided by the County,
its officers, agents and employees, known as "Municipal Law Enforcement
Services Agreements" which contracts the parties may in the future extend,
renew and amend, and enter into other and further contracts for the 0
CJt
performance of such services (hereinafter referred to as "MLESA"); and
B. Cities and County have heretofore contracted for the indemnification
of the Cities by the County, utilizing the Liability Trust Fund ("LTF") for the
acts and omissions committed by the County's employees in the course
and scope of providing services under the MLESA agreements, more
particularly described as the Joint Indemnity Agreements or Assumption of
Liability Agreements (hereinafter referred to as "Joint Indemnity
Agreements") which have remained in full force and effect to the present
time; and
C. In accordance with the Joint Indemnity Agreements, the County
established the LTF, as provided in those agreements. In accordance with
the Joint Indemnity Agreements, the Cities, and each of them, are required
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 1
f r
to pay monies into the LTF. The monies in the LTF are used to reimburse
the County for claims, losses, costs and expenses it incurs for which
indemnification is provided in the parties' MLESA and/or Joint Indemnity
Agreements; and
D. The County withdrew sums from the LTF for the purpose of
reimbursing itself for its payment of settlement of claims related to sexual
assaults committed by a deputy sheriff (Gonzales) in the years 2002 and
2003 (the "Claims"); and
E. A dispute has arisen between the parties regarding the
circumstances under which the County may utilize the funds in the LTF for
claims arising from sexual assaults committed by deputy sheriffs employed
by the County ("Sexual Assaults"); and
F. The parties desire to continue the Joint Indemnity Agreements and
MLESA agreements, as amended, modified and supplemented from time to
time. As further consideration to the Cities, the County is willing to
reimburse the LTF for a portion of the sums that are used or may be used
by it from the LTF for claims, losses, costs or expenses arising out of
certain Sexual Assaults, as defined in Section 2 below, occurring in the
performance of the MLESA agreements on the terms and in the manner
provided in this Agreement.
G. The Cities that are a party to this Agreement are as follows:
City of Agoura Hills City of Bellflower
City of Artesia City of Bradbury
City of Avalon City of Calabasas
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 2
City of Carson City of Lynwood
City of Cerritos City of Malibu
City of Commerce City of Norwalk
City of Compton City of Palmdale
City of Diamond Bar City of Paramount
City of Duarte City of Pico Rivera
City of Hawaiian City of Rancho Palos
Gardens Verde
City of Hidden Hills City of Rolling Hills
City of Industry City of Rolling Hills
City of La Canada Estate
Flintridge City of Rosemead
La Habra Hieghts City of San Dimas
City of La Mirada City of Santa Clarita
City of La Puente City of South El Monte
City of Lakewood City of Temple City
City of Lancaster City of Walnut
City of Lawndale City of West Hollywood
City of Lomita City of Westlake Village
NOW, THEREFORE, for good and valuable consideration, receipt of which
is acknowledged, it is mutually agreed as follows:
AGREEMENT
1. Effective Date.
This Agreement shall be effective as of July 1, 2009. The foregoing
notwithstanding, this Agreement shall apply to any claims notice of which is first
given to the Liability Trust Fund Oversight Committee after the effective date of
this agreement, regardless of the date of occurrence. For purposes of this
Agreement "notice" shall mean notification to the Chief Executive Officer of the
California Joint Powers Insurance Authority and the Executive Director of the
California Contract Cities Association, unless otherwise instructed in writing.
2. Indemnity by the County to the City.
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 3
• 1111
The parties agree that the maximum liability of the LTF for any losses,
claims, costs or expenses related to certain Sexual Assaults, as herein below
defined, by deputies or other peace officers in the employ of the County shall be
one-half (1/2) of any settlement, judgment or award for such assaults and the
costs of defense, including attorneys fees, for such claims or lawsuits. In the
event that a withdrawal is made by the County from the LTF for any liability
related to certain Sexual Assaults by deputies or other peace officers, as herein
below defined, the County shall reimburse the LTF, or, in the event that it has
not made a withdrawal of funds from the LTF it shall assume the responsibility to
pay from its own funds, one-half (1/2) of any amounts necessary to satisfy any
judgment, award or settlement not otherwise covered by insurance, if there is
any, together with costs of defense, including attorneys fees, under the following
circumstances:
a. A felony judgment of criminal conviction is entered in a state or federal
court based upon the same facts as the claim; and
b. The felony judgment of criminal conviction is based upon an act of rape,
sodomy, oral copulation or other sexual penetration of a person;
For purposes of calculating the amount that the County is obligated to pay
into the LTF under this Agreement, any amount paid by an insurance carrier
directly to a claimant on a claim which is subject to this Agreement shall not be
deemed to have been paid from the LTF.
For purposes of calculating the amount that the County is obligated to pay
into the LTF under this Agreement, any amount paid from the LTF on a claim
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 4
•
which is subject to this Agreement but which is reimbursed to the LTF by an
insurance carrier shall not have been deemed paid from the LTF.
Nothing herein creates an obligation upon the Cities, or any of them, or any
other entity to acquire, have or maintain any policy of insurance.
3. Term of and Application to Other Agreements.
This Agreement shall apply to all MLESA agreements now existing or
hereafter entered into, including amendments, renewals or other extensions
thereof. This Agreement shall serve to supplement the Joint Indemnity
•Agreements with respect to the single subject matter addressed herein.
Nothing herein shall be deemed to change, modify, alter, amend, or
substitute any term, right, obligation or condition set forth in an MLESA, as
amended or modified, from time to time.
4. Termination of Service Contracts Between County and Cities.
This Agreement shall continue in effect until the last of any MLESA or
similar agreement is lawfully terminated in accordance with its terms. Such
termination shall not relieve County or City for any obligations set forth in such
MLESA agreement relating to obligations upon termination of such agreement
and this Agreement to any claims related to a Sexual Assault.
5. Release of the Claims.
The Cities and each of them hereby waive, release and relinquish any claim
they may have for the reimbursement of the sums withdrawn by the County with
respect to the Claims. The County hereby waives, releases and relinquishes any
right or claim it may have for reimbursement of any sums it has or may have
CCCA-COLA.SPCINDEMNTYAGR.0907303FIN.DOC 5
•
paid or incurred with regard to any Sexual Assault occurring prior to the effective
date of this Agreement.
6. Further Assurances.
Each of the parties hereto agrees to execute and deliver any and all
additional papers and documents, and to do any and all acts reasonably
necessary in connection with the performance of its obligations hereunder and to
carry out the intent of the parties hereto.
7. Non-Admission of Liability.
Each of the parties hereto agrees that nothing contained or incorporated
herein shall be deemed as an admission of liability with respect to any matter,
thing, or dispute whatsoever.
8. Entire Agreement.
This Agreement with regard to the use of LTF funds by the County for
claims arising out of Sexual Assaults, and the other agreements between the
parties referenced herein, shall constitute the entire agreement between the
parties hereto with respect to the subject matter hereof, and shall supersede all
prior and contemporaneous agreements, representations of the parties
concerning the subject matter hereof and the terms applicable thereto.
9. Amendment.
This Agreement may not be supplemented, modified or amended in any
manner, except by an instrument in writing stating that it is a supplement,
modification or amendment of this Agreement and signed by each of the parties
hereto.
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC
10. Waiver.
No waiver of any of the provisions of this Agreement shall be deemed or
constitute a waiver of any other provision, whether or not similar, nor shall any
wavier constitute a continuing wavier. No waiver shall be binding unless
executed in writing by the party making the waiver.
11. Counterparts.
This Agreement may be executed by one or more separate counterparts,
each of which, when so executed shall together constitute one and the same
instrument. A copy transmitted electronically or by facsimile shall be deemed
effective as an original.
12. Captions.
The captions appearing in this Agreement are descriptive only and for
convenience of reference. Should there be any conflict between any such caption
and the terms of this Agreement, the latter shall control and govern the
construction of this Agreement.
13. Constructions and Interpretation.
The parties have participated equally in the preparation of this Agreement,
which shall be construed and interpreted simply and fairly and not strictly for or
against any party.
14. Recitals.
The Recitals set forth in this Agreement are incorporated herein by
reference and made a part hereof.
COCA-COLA.SPCINDEMN'I'YAGR.090730.3FIN.DOC 7
. • •
1 ,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their fully authorized officers the day and year hereinafter set
forth.
COUNTY •, LOS ANGELES
By AL
D+ KNAB
F Los airman, Board of Supervisors
ATTEST: 4%4 0 44,
SACHI vo 1-41 - �� .
Executive Officer-Clerk f: !� ��� -
Board of Supervisor r
,! .,„:1.-!--.=--:;1,-
� dAill ll 4.4.. I her£by carp;fy f;r t i~urzsuant to
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)1('r,-,.,u . 7 o, t.i--,P.,-, , • i.. :-.• :".....:-:::i-:,:7. 11:.:3n r-nada.
= _....el.APAGGIIIPLO, ' - -- Cii tiFoitOk ,,,. .
D:puty A . �,,,ii.,O sicor
� zoo' •� ,UG 2 .
Jerk of th- =oard of S .r.
APPROVED AS TO FORM: . ----,4r
.„
.,,,
ROBERT E. KALUNIAN . . Air ' . .,,
Acting County Counsel De►Lily"P' CA
.3.7Aeitl(j,a :Ph
B
(Signatures continued)
ADOPTED
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
# 1 9 .err - AUG 2 5 2009
5).66„.•
• a. cia4440-1- .
SACHI A. i' MA% •
EXECUTIVE OFFICER
CCCA-COLA.SPCINDEMNTYAGR.090730.3FJN.DOC 8
• . • • JUL 2 9 2009
CITY OF LYNWOOD
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF MALIBU
•
By tor
f��
MAYOR
ATTEST:
CifiyCM/1-k
APPROVED AS TO FORM:
CI :TTORNEY
/AL 111VB .L.P&
(Signatures Continued)
CCCA-COLA.SPCMDC•MN'CYAGR.090723FIN.DOC 19
• 1110
CITY OF AGOURA HILLS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF ARTESIA
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 9
•
CITY OF AVALON
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF BELLFLOWER
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPC[NDEMNTYAGR.0907303FIN.DOC 10
• •
CITY OF BRADBURY
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF CALABASAS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 11
410 •
CITY OF CARSON
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF CERRITOS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.0907303FIN.DOC 12
. .
• 0
CITY OF COMMERCE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
ORNEY
By
CITY OF COMPTON
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 13
. .
40
CITY OF DIAMOND BAR
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF DUARTE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 14
CITY OF HAWAIIAN GARDENS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF HIDDEN HILLS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 15
•
CITY OF INDUSTRY
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF LA CANADA FLINTRIDGE
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY AT'T'ORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.0907303FIN.DOC 16
0 0
CITY OF LA HABRA HIEGHTS
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF LA MIRADA
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 17
CITY OF LA PUENTE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF LAKEWOOD
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 18
• 110
CITY OF LANCASTER
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF LAWNDALE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 19
• 0
CITY OF LOMITA
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF LYNWOOD
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.0907303FIN.DOC 20
111 0
CITY OF MALIBU
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF NORWALK
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 21
• •
CITY OF PALMDALE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF PARAMOUNT
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 22
•
•
CITY OF PICO RIVERA
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF RANCHO PAWS VERDES
By GC1j1441
MAYOR
ATTEST:
414_,By ,y //
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By4 �
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 23
•
• •
CITY OF ROLLING HILLS
S
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF ROLLING HILLS ESTATE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 24
CITY OF ROSEMEAD
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF SAN DIMAS
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 25
. i •
CITY OF SANTA CLARITA
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF SOUTH EL MONTE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 26
CITY OF TEMPLE CITY
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF WALNUT
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(Signatures Continued)
CCCA-COLA.SPCINDEMNTYAGR.0907303FIN.DOC 27
CITY OF WEST HOLLYWOOD
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
CITY OF WESTLAKE VILLAGE
By
MAYOR
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By
(End)
CCCA-COLA.SPCINDEMNTYAGR.090730.3FIN.DOC 28