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HomeMy WebLinkAbout2009-08-25 - AGENDA REPORTS - CONTR RENEWAL LACO SHERIFF (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: Ken Pulskamp August 25, 2009 5 RENEW CONTRACT WITH LOS ANGELES COUNTY SHERIFF'S DEPARTMENT FOR LAW ENFORCEMENT SERVICES WITH SPECIAL INDEMNITY AGREEMENT BETWEEN CONTRACT CITIES AND THE COUNTY OF LOS ANGELES REGARDING MUNICIPAL LAW ENFORCEMENT SERVICES City Manager's Office RECOMMENDED ACTION City Council: 1 Renew contract with Los Angeles County for Enforcement Services with the additional provisions in the Special Indemnity Agreement and authorize the City Manager or designee to sign the contract and the Special Indemnity Agreement, subject to City Attorney approval. 2. Authorize the City Manager or designee to execute all documents, including subsequent renewals in accordance with the terms of the contract, subject to City Attorney approval. BACKGROUND Since incorporation, the City of Santa Clarita has contracted with the Los Angeles County Sheriffs Department (hereafter "LASD") for law enforcement services. Per the terms of the Law Enforcement Agreement, the County provides law enforcement services within the incorporated limits of the City. Customarily the Agreement is renewed for five (5) year periods. Due to the ongoing issues with the Limited Liability Trust Fund (LTF) and possible future changes in the language of the contract, the California Contract Cities Association (COCA) has requested that contract cities support actions by the CCCA to resolve the LTF issues prior to renewing a five (5) year period Law Enforcement Agreement contract. ' APPROWED As a contract city, the City of Santa Clarita contracts with the LASD for law enforcement services. The City's contract with LASD includes a 6% surcharge that is deposited into a Liability Trust Fund (LTF). This Trust Fund was established to pay for liability issues associated with the LASD's delivery of services to cities under contract. The County of Los Angeles has financial control over this Fund and is authorized to determine what portions of County overhead and which claims, that are attributable to contracted services, may be charged to this Fund. Currently, the LTF Oversight Committee is conducting an actuary review to determine the appropriateness of the 6% surcharge. The Committee hopes that after the review is completed, by mid -fall 2009, there will be a reduction in the surcharge to cities who contract with LASD. If a lower surcharge is established, it will be retroactive to July 1, 2009. In 2006 CCCA became aware that the County of Los Angeles used the LTF to pay for claims that the CCCA feels is an inappropriate use of funds. These funds were used to pay for three settlements regarding improper behavior of a deputy who raped and sexually assaulted three women during the period from March 2002 to January 2003. CCCA has argued that the liability for the conduct of the deputies, who clearly acted outside of the course and scope of their duties, such as committing sex crimes or any other type of criminal activity, does not fall upon contract cities or the LTF. To date, approximately $5.7 million has been withdrawn from the LTF for the three claims involving the rape and sexual assault by the Sheriffs Deputy. Per the recommendation of the CCCA on April 28, 2009, the City Council approved and authorized the City Manager to execute a Tolling Agreement between the County of Los Angeles, CCCA, the LTF Oversight Committee and each of the cities that contract with the County for municipal law enforcement services provided by the LASD. The Tolling Agreement was executed for the purpose of continuing discussions to return the LTF monies used for a settlement in relations to illegal behavior on behalf of the LASD Deputies. The Tolling agreement has extended the City of Santa Clarita's contract with the LASD, which was set to expire on June 30, 2009, until August 31, 2009. In addition, during the May 26, 2009, City Council Closed Session, the Council approved the City's participation in a joint legal effort with other contract cities and the CCCA against the County of Los Angeles. The purpose of the litigation is to pursue the County of Los Angeles for the misuse of LTF monies for settlements not directly related to law enforcement services. In addition, the interpretation of the Agreement for the use of the LTF will be challenged during litigation. Unsure whether the CCCA and contract cities would be able to reach a settlement with the County of Los Angeles regarding the LTF monies, on June 9, 2009, the City Council authorized the City Manager to renew the City of Santa Clarita's Law Enforcement Agreement with Los Angeles County for law enforcement services for one (1) year rather than the customary five (5) year period. Since the Santa Clarita City Council meeting of June 9, 2009, negotiations between County of Los Angeles and the Legal Committee of the CCCA have continued. Based upon those negotiations, the Legal Committee has recommended that each of the member cities of the CCCA approve the proposed Special Indemnity Agreement to. resolve the dispute with the County of Los Angeles The proposed agreement provides that the County of Los Angeles will be responsible for one-half of any settlement or judgment related to the sexual crimes committed by Sheriffs deputies while assigned to a contract city in performance of municipal law enforcement services agreement, while the remaining one-half of any settlement related to such crimes to be paid from LTF monies. If approved, the Special Indemnity Agreement will amend the existing language in the County of Los Angeles Law Enforcement Agreement to include language holding both the County and the LTF responsible for omissions committed by County employees in the Course and scope of providing services under the Law Enforcement Agreement. This proposed agreement does represent what the CCCA Legal Committee believes to be the best settlement at this time. If the Special Indemnity Agreement is approved, it will supersede the City Council's authorization from the June 9, 2009, City Council meeting to pursue litigation against the County of Los Angeles. ALTERNATIVE ACTIONS 1. Do not approve and do not authorize the City Manager to execute the Special Indemnity Agreement and the Law Enforcement Agreement. 2. Other action as determined by Council. FISCAL IMPACT There is no direct fiscal impact on the City of Santa Clarita by this action. ATTACHMENTS County -City Special Indemnity Agreement available in the City Clerk's Reading File Existing City -County Municipal Law Enforcement Services Agreement IS] 74-987 CITY -COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT, dated for purposes of reference only, a N4:- ZS= , 2004, is made by and between the COUNTY OF LOS ANGELES, hereinafter referred to as "County," and the CITY OF, hereinafter SANTA CLARITA referred to as "City". RECITALS: (a) The City is desirous of contracting with the County for the performance of the law enforcement functions described herein by the Los Angeles County Sheriff's Department. (b) The County of Los Angeles is agreeable to rendering such services on the terms and conditions set forth in this agreement. (c) Such'contracts are authorized and provided- for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and Article 1, Chapter 1, Part 2, Division 1, Title 5 of the Government Code of the State of California. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1.0 CONTRACT AUTHORIZATION 1.1 The County agrees, through the Sheriff of the County of Los Angeles, to provide general law enforcement services within the corporate limits of City to the extent and in the manner hereinafter set forth. 1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff of the County of Los ,Angeles under the Charter of the County and the statutes of the State of California, and under the municipal codes of the City. 2.0 ADMINISTRATION OF PERSONNEL 2.1 During the term of this agreement, the Sheriff or his designee shall serve as 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. Page 2 of 8 2.3 In the event of a dispute between the parties to this contract 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 City shall be consulted and a mutual determination thereof shall be made by both the Sheriff of the County and the City. 2.4 With regard to sections 2.2 and 2.3, the Sheriff, 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 Sheriff's 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 employee as such shall become employees of the County unless by specific additional agreement in the form of a merger contract which must be concurrently adopted by the City and County. 2.6 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, 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 City while performing such service for the City, as long as the service is within the scope of this agreement and is a municipal function. 2.7 The contracting 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 said 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 his/her employment as a contract employee of the City. 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 contract be read and understood to prohibit discrimination on the basis of sexual orientation. 3.0 DEPLOYMENT OF PERSONNEL 3.1 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. Page 3 of 8 5 3.2 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff and indicated on a Los Angeles County Sheriff's Department SH -AD 575 Deployment of Personnel form (Attachment A). 3.3 A new SH -AD 575 Deployment of Personnel form shall be authorized and signed annually by the City and the Sheriff or his designee each July 1, and attached to this contract as an amendment to the level of service and the contract sum. 3.4 Should the City request a change in level of service other than pursuant to the annual renewal, an additional SH -AD 575 Deployment of Personnel form shall be signed and authorized by the City and the Sheriff or his designee and attached to this contract as an amendment to the level of service and the contract sum. 3.5 The most recent dated and signed SH -AD 575 Deployment of Personnel attached to this contract shall be the sta.ffmg level in effect between the County and the City 3.6 The City is not limited to the foregoing services indicated in Attachment A, but may also request any other service in the field of public safety, law, or related fields within the legal power of the Sheriff to provide. 4.0 PERFORMANCE OF CONTRACT 4.1 For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, communication facilities, 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 contract concur as to the necessity of maintaining a law enforcement headquarters or Sheriff s Department substation within the City which would not normally be provided by the Sheriff, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff 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 said City, such quarters may be used by the Sheriff of the County of Los Angeles in connection with the performance of his duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City. Page4of8 %� 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 said 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 Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8'199 1, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. 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 In the event the 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 CONTRACT 6.1 Unless sooner terminated as provided for herein, this agreement shall be effective July 1, 2004 and shall remain in effect until June 30, 2009. 6.2 At the option of the Board of Supervisors and with the consent of the City Council, this agreement may be renewable for- successive periods not to exceed five years each. 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) 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) 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 terminated at anytime, with or without cause, by either party upon written notice given to the other party at least 180 days before the date specified for such termination. 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 each party shall be Page 5 of 8 released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 CONTRACT SUM 8.1 The City shall pay for the services provided under the terms of this service agreement at the rate established by the Auditor -Controller. 8.2 The rates indicated in the SH -AD 575, Deployment of Personnel form shall be readjusted by the County Auditor -Controller annually effective July 1, of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rate as adopted by the Board of Supervisors of County. 8.3 The City shall be billed based on the service level provided within the parameters of the SH -AD 575, Deployment of Personnel form. 8.4 The cost of other services requested pursuant to this agreement and not set forth in the SH -AD 575, Deployment of Personnel form shall be determined by the Auditor - Controller in accordance with the policies and procedures established by the Board of Supervisors of County. 9.0 PAYMENT PROCEDURES 9.1 The County, through the Sheriff of the County of Los Angeles, shall render to said City within ten (10) days after the close of each calendar month a summarized invoice which covers all services performed during said month, and said City shall pay County for all undisputed amounts within sixty (60) days after date of said invoice. 9.2 If such payment is not delivered to the County office which is described on said invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within 10 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 60 days after the dispute resolution is memorialized. 9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized. 9.4 Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) days Page 6 of 8 U 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 further notice to City of County's intention to do so. 10.0 ENTIRE AGREEMENT 10.1 This Agreement and Attachment A hereto, constitute the complete and exclusive statement of the parties which supercedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County. The Sheriff or his designee is authorized by the County to execute supplemental agreements referenced in sections 3.0, 4.3, and 9.2 of this Agreement. // // // // // // // Page 7 of 8 AGREEMENT BETWEEN COUNTY OF LOS ANGELES & THE CITY OF SANTA CLARITA WITNESS WHEREOF, the Los Angeles County Board of Supervisors has caused this Agreement to be subscribed by its Chair and the seal of such Board to be hereto affixed and attested by the Executive Officer thereof, and the City has caused this Agreement to be subscribed in its behalf by its authorized officer. ATTEST: VIOLET VARONA-LUKENS Executive Officer -Clerk Los Angeles County Board of Supervisors COUNTY F LOS ANGEL S B " DON KNABE Chair, Board of Supe s n PTP Lj BOARD OF SUPERVISORS COUNTY of LOS ANICSLe^ ATTEST: B�-��- City ClFrk &fro n y By Ci �itomey APPROVED AS TO FORM: Lloyd Wellman Couaf�-Counsel Senjbr Depy 96unty Counsel 132 AN .2 9 2004 VIOLET VARONA-LUKENS EXECUTIVE OFFICER CITY OF SANTA CLARITA By _ '4 Jff- CITY OF St4TA CLARITA, MAYOR Page 8 of 8 l� 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 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 d 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 31 -IN DOC 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 Artesia City of Avalon City of Bellflower City of Bradbury City of Calabasas CCCA-COLA SPCINDEMNTYAGR 090730 3FIN DOC 2 City of Carson City of Cerritos City of Commerce City of Compton City of Diamond Bar City of Duarte City of Hawaiian Gardens City of Hidden Hills City of Industry City of La Canada Flintridge La Habra Hieghts City of La Mirada City of La Puente City of Lakewood City of Lancaster City of Lawndale City of Lomita City of Lynwood City of Malibu City of Norwalk City of Palmdale City of Paramount City of Pico Rivera City of Rancho Palos Verde City of Rolling Hills City of Rolling Hills Estate City of Rosemead City of San Dimas City of Santa Clarita City of South El Monte City of Temple City City of Walnut City of West Hollywood 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 SPCINDLMNTYAGR 090730 31 -IN DOC 3 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 Countv 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 090730 3FIN 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 6 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. CCCA-COLA SPCINDBMNTYAGR 090730 3FIN DOC 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 OF LOS ANGELES DON KNABE Chairman, Board of Supervisors ATTEST: SACHI HAMAI Executive Officer -Clerk Board of Supervisors Deputy APPROVED AS TO FORM: ROBERT E. KALUNIAN Acting County Counsel 10 (Signatures continued) CCCA-COLA SPCINDL'MNTYAGR 090730 3FIN DOC 8 ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF AGOURA HILLS TO NITC6311 CITY OF ARTESIA By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDLMNTYAGR 090730 3FIN DOC 9 ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF AVALON MAYOR CITY OF BELLFLOWER By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDGMNTYAGR 090730 3FIN DOC 10 CITY OF BRADBURY MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF CALABASAS MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SI'CINDI:MN"I YAGR 090730 M IN DOC CITY OF CARSON MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF CERRITOS MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDGMNTYAGR 090730 3FIN DOC 12 CITY OF COMMERCE �: ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By IyjC 9. CITY OF COMPTON MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued CCCA-COLA SPCINDEMNTYAGR 090730 3FIN DOC 13 CITY OF DIAMOND BAR MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF DUARTE IyjPwe) ' ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDI-MNTYAGR 090730 3FIN DOC 14 ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF HAWAIIAN GARDENS MAYOR CITY OF HIDDEN HILLS By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY 31, (Signatures Continued) CCCA-COLA SPCINDBMNTYAGR 090730 3FIN DOC 15 ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF INDUSTRY• MAYOR CITY OF LA CANADA FLINTRIDGE By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SFCINDEMNTYAGR 090730 3FIN DOC c ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF LA HABRA HIEGHTS MAYOR CITY OF LA MIRADA By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY 175 (Signatures Continued) CCCA-COLA SPCINDEMNTYAGR 090730 3FIN DOC 17 CITY OF LA PUENTE -0 ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By MAYOR CITY OF LAKEWOOD MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDLMNTYAGR 090730 31 -IN DOC 18 CITY OF LANCASTER WIT."VC00 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 3PIN DOC 19 20 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) COCA-COLA SPCINDEMNTYAGR 090730 31 IN DOC 20 CITY OF MALIBU MAYOR ATTEST: City Clerk APPROVED AS TO FORM: CITY ATTORNEY CITY OF NORWALK MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDEMNTYAGR 090730 31 -IN DOC 21 CITY OF PALMDALE MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF PARAMOUNT MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDEMNTYAGR 090730 WIN DOC 22 CITY OF PICO RIVERA MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF RANCHO PALOS VERDE MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SI'CINDLMNI'YAGR 090730 3PIN DOC 23 ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF ROLLING HILLS MAYOR 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 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 31 -IN DOC 25 CITY OF SANTA CLARITA MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF SOUTH EL MONTE MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDEMNIYAGR 090730 31 -IN DOC 26 CITY OF TEMPLE CITY MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF WALNUT MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COLA SPCINDEMNTYAGR 090730 3FIN DOC 27 ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF WEST HOLLYWOOD im MAYOR CITY OF WESTLAKE VILLAGE By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (End) CCCA-COLA SPCINDEMNTYAGR 090730 3PIN DOC 28