HomeMy WebLinkAboutE-14 Staff Report - PD Helicopter ServiceCONSENT ITEM
E-14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROCKY WENRICK, CHIEF OF POLICE
DATE: AUGUST 21, 2023
SUBJECT: APPROVAL OF MOU BETWEEN THE FOOTHILL AIR SUPPORT TEAM (FAST)
AND CITY OF AZUSA FOR CONTRACTED HELICOPTER SERVICES
BACKGROUND:
The Pasadena Police Department hosts the Foothill Air Support Team (FAST) which offers helicopter
services within the San Gabriel Valley. FAST provides the helicopter, the officers who operate the
helicopters and is responsible for pilot services, maintenance, and operation costs and shall comply with
all requirements pertaining to employer’s liability, worker’s compensation, unemployment insurance,
and social security.
RECOMMENDATION(S):
Staff recommends that the City Council take the following action(s):
1) Approve the MOU for helicopter services from FAST for an annual amount of; $68,537.00; and
2)Authorize a budget amendment for an increase of $18,537.00 to cover the cost of the contract
with FAST in the amount not to exceed sixty-eight thousand five hundred thirty-seven dollars.
ANALYSIS:
With the disbanding of the El Monte Police Department helicopter service, the Azusa Police Department
does not currently contract for any public or private helicopter services to assist with Field Operations.
In recent, outside agencies such as Pasadena Police Department (FAST), and the Los Angeles County
Sheriff’s Department have provided noncontractual helicopter services on an emergency basis only.
These services can result in the city being billed per each incident by the agency providing the
helicopter. This practice is not cost-effective for the Azusa Police Department. By entering into a
contract for these services, the Azusa Police Department will be able to provide a higher quality of law
enforcement services to our residents. Such services shall include, but are not limited to, emergency
Approved
City Council
August 21, 2023
FAST HELICOPTER SERVICES
AUGUST 21, 2023
Page 2
response calls for aerial surveillance and assistance relating to in-progress felonies, vehicle pursuits,
crimes against persons or property and all other like activities.
This action authorizes a budget amendment for an increase of $18,537.00 in account #10 20 333 000
6493 to cover the cost of the contract with FAST in the amount not to exceed sixty-eight thousand five
hundred thirty-seven dollars.
FISCAL IMPACT:
In the approved budget for FY 2023/24 staff has budgeted $50,300.00 under the Public Safety Contract
Services account #10 20 333 000 6493. The remaining balance of $18,537.00 was requested under
recommendation #2 from above, and upon Council approval, staff will prepare a budget amendment and
add $18,537.00 to the Police Department budget under account #10 20 333 000 6493.
Prepared by: Reviewed by:
Robert Chivas Rocky Wenrick
Lieutenant Chief of Police
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1. MOU submitted by FAST for helicopter services.
1
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8/10/2023
TDO928DI0D1NWH
AMENDMENT TO CONTRACT NO. 17,266
This Amendment to the above-referenced Amended and Restated Joint Exercise of
Powers Agreement, originally dated March 30, 2001, as subsequently amended ("the
Agreement"), is hereby made by and between the Foothill Air Support Team Joint Powers
Authority ("FAST") on behalf of its member agencies and the City of Azusa ("Azusa") as
of August 1, 2023.
RECITALS
WHEREAS, Azusa has applied to become a member of FAST.
WHEREAS, on July 26, 2023, at a duly noticed meeting, the Executive Committee of
FAST unanimously consented to the admission of Azusa as a member of FAST, as required
by the Agreement.
NOW THEREFORE, in consideration of mutual covenants contained herein, and for
good and valuable consideration, the parties mutually agree as follows:
1.Pursuant to Section 12 of the Agreement, Azusa Police Department is admitted
as a Member City of FAST, effective August 1, 2023.
2.From and after the effective date stated above, Azusa approves and accepts
the Agreement, and Azusa and FAST shall comply with all the terms and requirements of the
Agreement.
Attachment 1
2
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8/10/2023
TDO928DI0D1NWH
3. As of the effective date stated above, the Members of FAST will include the
Cities of Arcadia, Azusa, Covina, Glendora, Irwindale, Monrovia, Pasadena, Pomona, San
Marino, Sierra Madre, and South Pasadena.
CITY OF AZUSA FOOTHILL AIR SUPPORT TEAM
By: _______________________ By:_______________________
Robert Gonzales FAST President
Mayor Roy Nakamura, Chief of Police
Arcadia Police Department
Dated:_______________________ Dated:_______________________
Attest:_______________________ By: _______________________
Jeffrey Lawrence Cornejo, Jr. Executive Board Member
City Clerk Eugene Harris, Chief of Police
Pasadena Police Department
Dated:_______________________ Dated:_______________________
APPROVED AS TO FORM: APPROVED AS TO FORM
By: _______________________ By: _______________________
Best, Best & Krieger Javan N. Rad
Azusa City Attorney Pasadena Chief Asst. City Atty.
AMENDMENT TO THE AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT AMONG THE CITIES OF PASADENA,MONROVIA,
ARCADIA,COVINA,ALHAMBRA,SAN MARIN O,SIERRA MADRE,
GLENDORA,POMONA AND SOUTH PASADENA RELATING TO A JOINT
POWERS AUTHORITY FOR POLICE HELICOPTER SERVICES KNOWN AS THE
F OOTHILL AIR SUPPORT TEAM
This Amendment to the above-referenced Amended and Restated Joint Exercise of
Powers Agreement originally dated March 30,2001,as subsequentlyamended (“the
Agreement”),is hereby made by and between the Foothill Air Support Team Joint Powers
Authority (“FAST”)on behalf of its member agencies and the City of Irwindale (“Irwindale”)as
ofJuly,2015.
A.Irwindale has applied to become a member FAST.
B.On June 2,2015,at a duly noticed meeting,the Executive Committee of FAST
unanimously consented to the admission of Irwindale,as required by the FAST Joint Powers
Agreement,as a new member of FAST.
NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,COVENANTS
AND CONDITIONS CONTAINED IN THE AGREEMENT AND HEREIN,THE PARTIES
DO HEREBY AGREE TO AMEND THE AGREEMENT AS FOLLOWS:
1.Pursuant to Section 12 of the Agreement,Irwindale Police Department is admitted
as a Member City of FAST,effective July 1,2015.
2.From and after the effective date stated above,Irwindale approves and accepts the
Agreement,Irwindale and FAST shall comply with all the terms and requirements of the
Agreement.
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3.As of the effective date stated above,the Members of FAST will include the
Cities of Alhambra,Arcadia,Covina,Glendora,Irwindale,Monrovia,Pasadena,Pomona,San
Marino,Sierra Madre and South Pasadena.
CITY OF IRWINDALE
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ity Clerk
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APPROVED AS TO FORM:
Irwindale City A rney
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FOOTHILL AIR SUPPORT TEAMBy/%/%/|
MST President
Larry Giannone,Chief of Police
Sierra Madre Police Department
Dated:é—/év
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By:
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Member
11pL Sanchez,Chief of Police
Pasadena Police Department
Dated:(5—IL;‘18,
AMENDMENT TO THE AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT AMONG THE
!
.CITIES OF PASADENA,
MONROVIA,ARCADIA,COVINA,ALHAMBRA,‘SAN MARINO,SIERRA
MADRE,GLENDORA AND SOUTH PASADENA RELATING TO A JOINT
POWERS AUTHORITY FOR POLICE HELICOPTER SERVICES KNOWN
AS THE FOOTHILL AIR SUPPORT TEAM
This Amendment to the above-referencedAmended and Restated Joint Exerciseof
Powers Agreement originally dated March 30,2001,as subsequently amended (“the
Agreement”),is hereby made by and between the Foothill Air Support Team Joint Powers
Authority (“FAST”)on behalf of its member agencies and the City of Pomona (“Pomona”)as of
January 24,2011.
A.Pomona has applied to become a member of FAST and the Pomona City Council has
approved such membership.
B.On October 4,2010,at a duly noticed meeting,the Executive Committee of FAST
consented to the admission of Pomona,as required by the FAST Joint Powers Agreement,as a
new memberof FAST.
-
NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,COVENANTS
AND CONDITIONS CONTAINED IN THE AGREEMENT AND HEREIN,THE PARTIES
DO HEREBY AGREE TO AMEND THE AGREEMENTAS FOLLOWS:
1.Pursuant to Section 12 of the Agreement,Pomona is admitted as a
Member City of FAST,effective January 24,2011.
2.From and after the effective date stated above,Pomona approves and
accepts the Agreement,and Pomona and FAST shall comply with all the terms and
requirements of the Agreement.
3.As of the effective date stated above,the Members of FAST will include
the Cities of Alhambra,Arcadia,Covina,Glendora,Monrovia,Pasadena,Pomona,San
Marino,Sierra Madre and South Pasadena.
4.The City of Pomona will not participate in the regular population—basedpricing
plan that is required of the other FAST Agencies.Instead,Pomona will provide one day of
coverage to FAST Cities and in exchange,FAST will provide one day of coverage to Pomona.
This schedule may be modied based on mechanical availability of an airship and pilot.In the
event that either due to inability by the City of Pomona to provide air support services,whether
due to inoperability of aircraft,lack of funding,protest by
any
party with an interest in the
aircraft,or other reason outside of the control of «the City of Pomona,the City of Pomona
reserves the right to terminate this agreement and their participation in the FAST JPA
immediately upon written notice to FAST and all parties within the J PA.”
The overall responsibility for the safe operation of the Pomona Aircraft rests with the
pilot in command,who will be an employee with the City of Pomona.
5.Except as provided herein,all other terms,conditions and covenants shall remain
in ill force and effect,and the Agreement,as amended,represents the entire integrated
agreement between the parties as to its subject matter.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed and
attested by the proper AND DULY AUTHORIZED ofcers
THE CITY OF POMONA
By;
gma
CityManager Q
Dated:19'8‘,I
ATTEST:lWAWM/L,
City Clerk
APPROVED AS TO FORM:11min
CityAttorney
FASTByw
'CHAWVinaChitj’olice
Dated:
4“}ng
IQuit,
XECU‘TIVE BOARD MEMBER
Pasadena Chief of Police
Dated:
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21'2”!I
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”M I WILL
.
,clTY AGREEMENT NO.17266-1
RETURN ORIGINAL
~
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WHEN SIGNED
pupunu merNDED JOINT EXERCISE OF POWERS AGREEMENT AMONG THE
CITIES OF PASADENA,MONROVIA,ARCADIA,AZU SA,COVINA,WEST
COVINA,ALHAMBRA AND SAN MARINO CREATING A JOINT POWERS
AUTHORITY FOR POLICE HELICOPTER SERVICES TO BE KNOWN AS THE
F OOTHILL AIR SUPPORT TEAM
This Second Amended Joint Exercise of Powers Agreement is made by and between the
,
City of Monrovia,the City of Arcadia,the City of Azusa,the City of Covina,the City of West
Covina,the City of Alhambra,the City of San Marino and the City of Pasadena (hereinafter
sometimes referred to as the “Parties”),with reference to the following facts:
A.On July 31,2000,the cities of Monrovia,Arcadia,Azusa,Covina,West Covina and
Pasadena formed a Joint Powers Authority (“the JPA”)for police helicopter services
,
known as the Foothill Air Support Team.
As of March 30,2001,the City of Alhambra joined the JPA and became a party to the
agreement between the parties,which was thereafter amended and restated (“the
Agreement”).
As of 20,05 the City of San Marino joined the JPA and became a
party to the amended and restated agreement dated as of March 30,2001.
It has been determined by the Boardof Governors of the JPA that the best interests of
each member,as well as of the public in general,will be better served if the
Agreement is further amended to reect the realities of the operational needs of the
JPA.
NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,COVENANTS
AND CONDITIONS CONTAINED IN THE AGREEMENT AND HEREIN,THE PARTIES
DO HEREBY AGREE TO AMEND THAT CERTAIN AMENDED AND RESTATED
AGREEMENT DATED AS OF MARCH 30,2001 AS FOLLOWS:
12335-0001\866178V1.d0c
1.Section 2 G (6)is hereby added to the Agreement,to read as follows:
“(6)The scal policies,procedures,and limits of the member agency whose ofcer or
employee services as Treasurer of the Authority shall be deemedto be the scal policies,
procedures and limits oftheAuthority.”
2.Section 4 D is hereby added to the Agreement,to read as follows:
“D.Pursuant to California Government Code§6513,all of the privileges and
immunities from liability,exemptions from law,ordinances and rules,all pension,relief,
disability,workmen’s
compensation,
and other benets which apply to the activity of ofcers,
agents or employees of the individual Parties when performing their respective functions within
the territorial limits of their respective public agencies,
shall apply to them to the same degree
and extent while engagedin the performance of any of their functions and duties
extraterritorially under the provisions of this Agreement.”
3’.Sections 13 B (2)and C (2)of the Agreement (Law Enforcement Professional
Liability Insurance)are hereby deleted.
4.Section 13 C (3)of the Agreement is hereby amended to read as follows:
“(3)Aviation General Liability Insurance:at least $20,000,000 per occurrence or such higher
amount as is commerciallypracticable in the judgment of the Executive Board.”
5.Section 16 of the Agreementis hereby amended in its entirety to read as follows:
“To the ll extent permitted by law,each member city of the Authority shall,at its own cost and
expense,defend the Authority and indemnify and hold harmless the other member cities of the
12335—0001\866178v1.doc
Authority,theirofcers,agents,volunteers and employees,and eachof them,from and against
any and all liability and costs,claims,demands,lawsuits,judgments,actions or causes of action,
Whethersounding in tort,contract,stn'ct liability
or otherwise,including any costs or attorneys
fees,for injury,death,or other damage,direct or
indirect,incurred
or threatened by reason of any
act or
omission of the member city,or of any employee of or entity performing services for that
membercity,
or discharging any obligation,task or duty,assumed by such person or entity under
this Agreement.This duty of indemnication shall not be limited by the amount or type of
insurance carried by the Authority
or
anymembercity.The requirements of this Section shall
survive the expiration or termination of this Agreement,as well as the withdrawal of any
member city.”
6.This second amendment may be executed in multiple counterparts.
7.Except as provided herein,all other terms,conditions and covenants shall remain
in full force and effect.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed
and attested by the proper ofcers thereunto duly authorized.
THE CITY OF ARCADIA THE CITY OF COVINA
By:By:
Title:
.
Title:
Attest:
'
'Attest
City Clerk City Clerk
Dated:Dated:
APPROVED AS TO FORM:APPROVED AS TO FORM:
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By:By:
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12335-0001\866 1 78V].doc
City Attorney
-
City Attorney-
THE CITY OF AZUSA THE CITY OF MONROVIA
By:
,
By:
Title:
‘
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Title:
Attest:
'Attest:
City Clerk
.
City Clerk
Dated:L Dated:
APPROVED AS TO FORM:APPROVED AS TO FORM:
By:
,
By:
City Attorney City Attorney
THE CITY OF WEST COVINA THE CITY OF PASADENA
By:
,
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Title:
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Attest:Attest:
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City Clerk
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City Clerk
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Dated:Dated:
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APPROVED AS TO FORM:APPROVED TO F03)::,
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By:By:
Zeta/If1,
CityAttorney
,
ty Attorney
[SIGNATURES CONTINUE ON PAGE 5]
12335-0001\866178v1.doc
THE CITY OF ALHAMBRA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
12335-0001\866178v1.doc
By:
THE CITY OF SAN MARINO
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
City Attorney
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(4)Finance (Purchasing)
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Rev.12/05
AGREEMENT_N0.17,266—1
AMENDED AND RESTATED AGREEMENT AMONG THE CITIES OF
PASADENA,MONROVIA,ARCADIA,AZUSA,COVINA,WEST COVINA,AND
ALHAMBRA CREATING A JOINT POWERS AUTHORITY FOR POLICE
HELICOPTER SERVICES TO BE KNOWN AS THE
FOOTHILL AIR SUPPORT TEAM
This Amended and Restated Agreementismade by and between the City of Monrovia,
the City of Arcadia,the City of Azusa,the City of Covina,the Cityof West Covina,the City of
Alhambra,and the City of Pasadena (hereinafter sometimes referred to as the “Parties”),with
reference to the following facts:
A.On July 31,2000,the cities of Monrovia,Arcadia,Azusa,Covina,West Covina
and Pasadena formed a Joint Powers Authority for police helicopter services known as the
Foothill Air Support Team.
B.The City of Alhambra desires to join as a member of the Joint Powers Authority,
and the original members of the Authority unanimously consent to admit the City of Alhambra
as a member and to concurrently amend and restate the Agreement creating the Joint Powers
Authority as provided herein.
C.The Parties,pursuant to Article 1,Chapter 5,Division 7,Title 1 of the California
Government Code (commencing with California Government Code §6500)
(hereinafter
sometimes referred to as the “Act”),have the power to acquire,operate,repair,maintain and
administer a Joint Powers Authority for the purpose of providing police helicopter services to the
Parties hereto.
D.It has been determined by the Governing Body of each of the Parties that the best
interests thereof,as well as of the public in general,will be served if the Parties providefor a
Joint Powers Authority to better provide mobilization,organization and operation of the police
helicopter operations facilities of the said cities and to minimize the effect of criminal activity
AMENDED FAST JOINT POWERS AGREEMENT Page I Of 22 01/23/2001 ’
12182\0001\616206v4
and to providethe basis for the most effective mutual aid,mobilization and dispatch of
available
resources within the territory of the Parties.
E.The purpose of this Agreement is to establish and maintain a Joint Powers
Authority forthe Parties which will provide specied contractual police helicopter services,and
it is intended that other policy and operationalprotocols will supplement this Agreement.
F.
EachParty will continue to maintain its own independentPolice Department.
G.It is not the intent of this Agreement that any Party would subsidize the normal,
day-to-day police protection needs of any other Party,and each Party shall maintain its own
police protection resources in sufcient strength to meet all normal,anticipated emergency needs
on a day—to-daybasis.
H.Pooling of police helicopter resources under this Agreement is intended solely to
enhance the ability of the Parties to collectively respond rapidly and efciently to a wide variety
of emergency needs.
I.All Parties hereto have cooperated in the past in the suppression and investigation
of criminal activity and wish by their cooperation herein to enhance such mutual efforts.
NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS HEREINAFTER CONTAINED THE PARTIES AND
EACH OF THEM,DO AGREE HEREBY AS FOLLOWS:
Section 1.Establishment of Joint Powers Authority
Pursuant to their authority under Section 6500 et seq.of the California Government Code
the Parties hereby establish a Joint Powers Authority to be known as the Foothill Air Support
Team Authority (the “Authority”)to administer and to provide a more effective police helicopter
AMENDED FAST JOINT POWERS AGREEMENT Page 2 of 22 01/23/2001 ‘
12182\0001\616206v4
response system utilizing the combined resources of the Parties.The Authority shall be a public
entity separate and apart from the Parties and each of them.
Section 2.Board of Governors
The Authority shall be administered by a Board of Governors (the “Board”)composed of
the then serving City Managers and the Police Chiefs of each of the Parties (individually,a
“Director”).
A.Any member of the Board may designatean alternate to serve and vote on his or
her behalf,provided such designation is made in writing and delivered to the
Chair of the Board or the Secretary thereof prior to the meeting at which such
designeeappears.
B.Board meetings shall be held at least once each calendar year at such times and
places as any of the Parties hereto may
reasonablyrequest.
C.The Board shall have the powers and duties provided for in Section 4 of this
Agreement.The Board shall also have the power to issue administrative policies
and operational procedures relating to implementation of the powers granted by
this Agreement.
D.All meetings of the Board of Governors,including,without limitation,regular,
special and adjournedmeetings,shall becalled,noticed,held and conducted in
accordance with the provisions of the Ralph M.Brown Act (commencingwith
Government Code §54950).
B.Each Party shall have two (2)votes on all matters,such votes to be exercised by
the respective City Managers of each city or their authorizeddesignees.The
votes of the Directors representinga majority of the cities who are Parties hereto
AMENDED FAST JOINT POWERS AGREEMENT Page 3 of 22 01/23/2001
‘
12182\0001\616206v4
will constitute
ofcial-action
by the Board.Notwithstanding the foregoing,the
Authority shall incur no indebtedness,bonded or otherwise,enter into any
contracts,or exercise the power of eminent domain without the unanimous
agreement of the Board of Governors.
F.The Ofcersof the Boardshall be a Chair,Vice Chair,Treasurer and Secretary,
allof whom shall be elected by a vote of the majority of the cities which are
Parties hereto at its rst meeting and thereafter at the rst meeting of each
succeeding calendar year.In the event that the Chair,Vice Chair,Treasurer or
Secretary so elected resigns from such ofce or ceases to be a member of the
Board,the resulting vacancy shall be lled at the next regular meeting of the
Board held after such vacancy occurs.
(1)The Chair shall be a Director,shall be elected as Chair by the Board,and
shall perform the duties normal to such ofce.The Chair may sign
contracts on behalf of the Authority,and shall perform such other duties as
may be imposedby the Board.
(2)The Vice Chair shall be a Director and shall be elected as Vice Chair by
the Board.In the absence of the Chair the Vice-Chair shall perform the
duties of the Chair and shall perform all duties normal to such ofce.
(3)The Secretary shall be appointed by the Board and shall perform all duties
normal to such ofce.
(4)The Treasurer shall be appointed by the Board as hereinafter provided.
G.The Board shall appoint a Treasurer in accordance
with
Section 6505.5 of the Act
who shall be:
AMENDED FAST JOINT POWERS AGREEMENT Page 4 of 22 01/23/2001 ’
12182\0001\616206v4
(1)
(2)
(3)
(4i
(5)
The Treasurer of one of the Parties;
A certied public accountant;or
Such other ofcer or employee as the Board shall deem qualied to act as
Treasurer of the Board.The Treasurer shall perform such duties as are set
forth in this Agreementandsuch other duties specied by the Board.
The Treasurer shall be the depositary,shall have custody of all of the
accounts,
funds
and money of the Authority from whatever source,shall
have the duties and obligations set forth in Sections 6505 and 6505.5 of
the Act and shall assure strict accountability of all funds and reporting of
all receipts and disbursements of the Authority.
Pursuant to Section 6505.1 of the Act,the Treasurer shall have charge of,
handle and have access to all accounts,funds and money of the Authority
and all records of the Authority relating thereto;and the Secretary shall
have charge of,handle and have access to all other records of the
Authority.
H.The Authority shall not provide compensationfor the services of any
Director or alternate in that capacity.
Section 3.Executive Committee
The Authority shall be administered on a day-to—daybasis by an Executive Committee
comprised of the Police Chiefs of each of the Parties hereto.
A.Executive Committee meetings shall be held at least four times per year at such
times and places as any of the Parties hereto may reasonably request.
AMENDED FAST JOINT POWERS AGREEMENT Page 5 of 22 01/23/2001 '
12182\0001\616206v4
B.The Executive Committee shall function as a committee of the Whole,not
requiring an election of ofcers.
C.The Executive Committee shall recommend,develop and administer such
policies,programs,priorities,organizational structure(s),stafng,training,
equipment,facilities,andbudgets as may be required for the effective operation
oftheAuthority as approved by the Board.
D.Except as otherwise provided with respect to any administrative policies adopted
by the Executive Committee,each Party shall have one (1)vote on all matters and
such vote shall be exercised by the Chief of Police or his or her authorized
designee.The votes of a majority of the members of the Executive Committee
Will constitute ofcial action by the Executive Committee.
E.Participation and attendance by at least one Chief of Police or Chiefs designee
representing a majority of the cities Who are Parties hereto shall constitute a
quorum.
Section 4.Powers &Duties of the Authority.
A.The Authority shall exercise in the manner herein provided the powers common
to each of the cities and necessary or appropriate to the accomplishmentof the purposes of this
Agreement,subject to the restrictions set forth in Section 4 (C).
B.The Authority is hereby authorized,in its own name,to do all acts necessary for
the exercise of the foregoing powers,including but not limited to,any or all of the following:
(1)to operate,contract for,maintain,repair and administer a police helicopter
response and patrol system to serve the
Parties,
and to undertake such
other programs as the Board of Directors may
authorize;
AMENDED FAST JOINT POWERS AGREEMENT Page 6 of 22 01/23/2001 '
12182\0001\616206v4
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
to make and enter into contracts;
to employ agents and employees;
to acquire,construct,own,manage,maintain dispose of,or operate any
Public Capital Improvement,including the common power of the Parties
to acquire any
PublicCapital Improvement by the power of eminent
domain;
to sue and be sued;
to issue bonds and otherwise to incur debts,liabilities or obligations,
provided that no such bond,debt,liability or obligation shall constitute a
debt,liability or obligation of any or all of the Parties;
to apply for,accept,receive and disburse grants,loans and other aid from
any agency of the United States of America,the State of California,or the
County of Los Angeles,or any city therein;
to invest any money in the treasury pursuant to Section 65 05.5 of the Act
that is not required for the immediate necessities of the Authority,as the
Authority determines is advisable,in the same manner and upon the same
conditions as local agencies,pursuant to Section 53601 of the California
Government Code;
to apply for letters of credit to secure the repayment of Bonds and enter
into agreements in connection therewith;
to carry out and enforce all the provisions of this Agreement;
to make and enter into bond purchase agreements
or other agreements
necessarytocarry out the purposes of this Agreement;
AMENDED FAST JOINT POWERS AGREEMENT Page 7 of 22 01/23/2001 '
12182\0001\616206v4
(12)to exercise any and all other powers as may be provided in the Act;and
(13)to purchaseobligations issued by any or all of the Parties.
C.The powers of the Authority shall be exercised in the manner prescribed in the
Act and shall be subject (in accordance With Section 6509 of the Act)to the
restrictionsupon the mannerof exercising such powers that are imposed upon the
Cityof Pasadena,a charter law city,in the exercise of similar powers,provided,
however,that if the City of Pasadena shall cease to be a member,then the
Authority shall be restricted in the exercise of its power in the same manner as the
City of Monrovia.
Section 5.Resources.
The resources necessary to operate the Authority shall be purchased,installed,operated,
maintained and administered by the City of Pasadena under terms and conditions agreed to by
each of the Parties.Any of the Parties may administer all or part of the Authority as may be
agreed upon by all of the Parties.
Section 6.Unanimous Participation by Parties.
No Party shall modify,delete,or add to the activities,resources and responsibilities of the
Authority Without the agreement of each of the other Parties.Such activity will include,but is
not limited to,performing or refusing to perform Authority services,or sharing or refusing to
share Authority resources,with other intra—agencydepartments,or with other intenagencies or
cities.
AMENDED FAST JOINT POWERS AGREEMENT Page 8 of 22 (11/23/2001 '
12182\0001\616206v4
Section 7.Availability of Helicopter Services.
A.The Executive Board shall take such steps as may be necessary to ensure that
helicopter services are available to each of the Parties Within the limits of the
capabilities and operating protocols of the operators of the helicopter.
B.Notwithstanding any
otherprovision of this Agreement,the Executive Committee
is
authorized
to permit the Authority to provide police helicopter service to a
public entity which is not a Party to this Agreement upon a nding that an
emergency situation exists With reference to that public entity,and that the public
entity requesting such may be assessed a reasonable charge therefor.Emergency
situations,as dened in this section,are extraordinary circumstances such as
major res,earthquakes,oods,and civil unrest outside the scope of normal
patrol Operations.The Executive Committee is authorized to permit the Authority
to provide police helicopter service to a public entity that is not a Party to this
Agreement for the purpose of permitting the public entity to evaluate the services
of the Authority and to determine Whether or not to become a member of the
Authority.The public entity requesting such evaluation services may be assessed
.
a charge for such services as determined by the Executive Committee.
C.During normal patrol operations,the police helicopter Will customarily be
operated at least two nights per week (Friday and Saturday night),and at least ve
hours per day,during the patrol shift.The Executive Committee may increase or
decrease the days and hours of operations as it determines appropriate provided
that such operations remain Within the approved budget
of the Authority.Each of
the member cities may supply a police ofcer (observer)on a rotational basis,as
AMENDED FAST JOINT POWERS AGREEMENT Page 9 of 22 01/23/2001 '
12182\0001\616206v4
to ensure all participating cities are receiving equal patrol time for each member
city.The overall responsibility for the safe operation of the aircraft rests with the
pilot in command of the aircraft,who Will be an Ofcer With the City of Pasadena.
D.Normal patrol operations are dened to be,but not limited to,felony and
misdemeanor calls for Servicethat would constitute police response in order to
prOtect
citizens and Ofcers from elicit criminal activity.Included in this section
are assisting ground ofcers in searches for potentially violent suspects,vehicle
and/or foot pursuits,area checks on burglary calls and spot checks in areas
dened by the respective Parties.
Section 8.Assistance to the Authority
Except as prohibited by law,and in accordance with this Agreement,the Parties,as
authorizedby the Board,may:(1)make contributions from their respective treasuries for the
public purposes set forth herein;(2)make payments of such public funds to deay the cost of
such purposes;(3)make advances of public funds for such purposes,such advances or payments
to be secured and repaid,as provided herein;or (4)assigntheir respective personnel,equipment
or property in lieu of other contributions or advances at a rate of valuation to be agreed by the
Parties.Such sums shall be paid to and disbursed by the Authority,the method and manner of
such payment,disbursement and repayment to be set forth in operating memoranda which shall
first have been adopted by the Board.The provisions of California Government Code §6513 are
hereby incorporated by reference into this Agreement.
AMENDED FAST JOINT POWERS AGREEMENT Page 10 of 22 01/23/2001 '
12182\0001\616206v4
Section 9.Funds.
The Treasurer of the Authority shall have custody of all money and shall disburse
Authority mds as instructed by the Board.Additionally,the Treasurer of the Authority shall
assume the following duties described in California Government Code §6505.5:
A.Receive,prepare
receipts
for and deposit in the Treasury of the Authority all
money
of the Authority;
Provide for the safety,keeping and disbursement of all Authority money held by
the Treasurer and the performance Of such obligation shall be secured by the
Treasurer’s ofcial bond;
Pay,when due,out of money of the Authority held by the Treasurer,all sums
payable on outstanding indebtedness;
Verify and report in writing to the Authority and to each of the Parties on the rst
of July,October,January and April of each year the amount of money the
Treasurer holds for the Authority,the amount of receipts deposited since the
Treasurer’s last report,and the amount of disbursements since the Treasurer’s last
report.
Section 10.Budget.
A.The Executive Committee shall prepare a proposed budget each year for the
operation and maintenance of the Authority.Such proposed budget shall be
submitted for review and formal action by the Board not later than January lst of
each calendar year.
.
The budget shall be adopted by formal action of the
Board.
It shall constitute a
ministerial duty on the part of eachrParty
to include such budget in its own
AMENDED FAST JOINT POWERS AGREEMENT Page 1 1 of 22 01/23/2001 '
12182\0001\616206v4
proposed agency budget for the following scal year for consideration by each
Party’s governing body.
C The Board shall designate a continuous twelve (12)month period as the
Authority’s scal year.
Section 11.Term;Terminations;Dispositions of Assets.
A.
ThisAgreement shall become effective upon approval and execution by all the
Parties,and shall continue in full force and effect so long as any indebtedness
remains outstanding or the Authority shall own any interest in Public Capital
Improvements,or until terminated by a unanimous vote of the Board.
B.Any Party may withdraw from its status as a Party to this Agreement at the end of
any given scal year of the Authority provided that such Party has either
discharged,or arranged for,to the satisfaction of the remaining members of the
Board,the dischargeof any pending obligation it has assumed hereunder,and
thher provided that written notice of intention to so withdraw has been served
upon the Board and the City Clerk of each Party hereto not less than nine (9)
months preceding the end of the Authority’s scal year.
C.The inclusion of additional Parties to this Agreement or the Withdrawal of some,
but not all,of the Parties to this Agreement shall not be deemed a dissolution of
the Authority nor a termination of this Agreement.The Authority shall continue
to exist and this Agreement shall continue in full force and effect so long as there
shall be at least two (2)Parties to this Agreement.
D.Upon the Winding up and dissolution of the
Authority,
after paying or adequately
providing for the debts and obligations of the Authority,the remaining assets of
AMENDED FAST JOINT POWERS AGREEMENT Page 12 of 22 01/23/2001 ’
12182\0001\616206v4
the Authority shall be distributed to the Parties to the Agreement.If for any
reason the Parties to the Agreement are
unable
or unwilling to accept the assets of
the Authority,said assets will be distributed to the Federal Government or the
State of California or any local government for public purposes.
Section 12.New Member Cities.
Cities
other
than the Parties hereto may apply for and be admitted to membership in the
Authority only upon the unanimous consent of all the then-existing Parties hereto acting through
the Executive Committee.The admission of new member cities shall be upon such terms and
conditions as may be required by the unanimous action of the Executive Committee,and any
new member Shall be required to adopt and execute this Agreement.Admission of new member
cities shall not require re—adoptionof this Agreement by the City Councils of the Parties,and any
amendments admitting new member cities may be executed on behalf of the Authority by the
President and the Secretary.
Section 13.Insurance.
A.Liability Insurance:The Authority shall procure and maintain in continuous
effect for the duration of its existence the types and amounts of insurance listed
herein against claims for injuries to persons or damage to property which may
arise from or in connection with the performance by the Authority,its Ofcers,
agents,employeesand contractors,of the duties set forth hereunder.Any such
policies of insurance shall be underwritten by insurers licensed to write such
policies in the State of California.
B.Minimum scope of insurance:The insurance coverage
specified above shall
consist of the following coverages:
AMENDED FAST JOINT POWERS AGREEMENT Page 13 of 22 (31/23/2001
12182\0001\616206v4
(1)Insurance Services Ofce Commercial General Liability coverage
(occurrence form CG 0001).
(2)Law Enforcement Professional Liability Insurance endorsed for (or not
excluded from)civil rights coverage.
(3)Aviation GeneralLiability Insurance endorsed for (or not excluded from)
I
law enforcement activities.
(4)Heliport Owners and Operator’s General Liability Insurance endorsed for
(or not excluded from)law enforcement activities.
(5)Insurance Services Ofce form number CA 0001 (Ed.1/87)covering
Automobile Liability,code 1 (any auto)(applicable only if the Authority
owns,leases,or rents any automobiles).
(6)Worker’s Compensation insurance as required by the State of California
and Employer’s Liability Insurance (applicable only if the Authority
employs or leases any employees).
(7)Director’s and Ofcer’s Liability Insurance.
C.Minimum limits of insurance:The coverage set forth in subsection B above shall
contain coverage limits of not less than the following:
(1)General Liability:$2,000,000 per occurrence for bodily injury,personal
injury and property damage.
(2)Law Enforcement Professional Liability Insurance:$20,000,000.
(3)Aviation General Liability Insurance:$50,000,000 per occurrence.
(4)Heliport Owners and Operator’s General
Liability
Insurance:$20,000,000
per occurrence.
AMENDED FAST JOINT POWERS AGREEMENT Page 14 of 22 01/23/2001
12182\0001\616206v4
(5)Automobile Liability:$2,000,000 per occurrence for bodily injury and
property damage.
(6)Employer’s Liability:$1,000,000 per occurrence for bodily injury or
disease.
(7)Director’s and Ofcer’s Liability:$1,000,000.
D.
Other
Insurance Provisions.The liability policies are to contain,or be endorsed
to contain,the following provisions:
(1)
(2)
(3)
(4)
(5)
The Parties and their respective Ofcers,employees,agents and volunteers
are to be covered as additional insureds as to General Liability,
Automobile Liability,and Employer’s Liability.
The Parties and their respective Ofcers,employees,agents and volunteers
are to be covered as additional insureds as to Aviation General Liability
and Heliport Owners and Operator’s General Liability.
For any claims related to this Agreement,the Authority’s insurance
coverage shall be primary insurance as respects the Parties,and their
ofcers,employees,agents and volunteers.
The Authority’s insurance shall apply separately to each named or
additional named insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s
liability.
Workers CompensationInsurance,if applicable,Shall be contain
endorsements equivalent to State Compensation Insurance Fund
endorsements #2507 (waiver of subrogation)and
#0015 (additional
insured employer),which endorsements shall namethe Parties.
AMENDED FAST JOINT POWERS AGREEMENT Page 15 of 22 01/23/2001 '
lZl82\0001\616206v4
E.Insurance provided by the City of Pasadena:Notwithstanding any of the
foregoing,the City of Pasadena may provide the Authority and the Parties with
.
Aviation General Liability Insurance in the amount of $20,000,000 and Heliport
Owners and Operator’s General Liability insurance in the amount of $20,000.000.
If the City of Pasadena.chooses to provide such coverage,the policies of
inSuranceestablishing such coverage Shall name the Authority and each Party as
additional insureds and fully conform to the requirementsof subsection (D)
above.The Authority shall reimburse the City of Pasadena for the costs of such
insurance that are attributable to the activities of the Authority and its members,
and such reimbursementShall be included in the hourly rates charged by the City
of Pasadena for its services hereunder.
F.Each Party hereby covenants to provide Worker’s Compensation Insurance and
Employer’s Liability Insurance coverage as required by California law,and to
provide to the Authority endorsements equivalent to State Compensation
Insurance Fund endorsements #2507 (waiver of subrogation)and #0015
(additional insured employer),which endorsements Shall name the Authority.
Each Party hereby agrees to defend,indemnify and hold harmless,at its own cost
and expense,the Authority and each other Party,from and against any and all
liability and costs,claims,demands,lawsuits,judgments,actions or causes of
action,arising from breach of this subsection.
G.Individuals employed by a Party shall be considered to be performing duties on
behalf of the Authority only when they are:
AMENDED FAST JOINT POWERS AGREEMENT Page 16 of 22 01/23/2001 '
12182\0001\616206v4
(1)Making decisions or taking actions as members of the Board Of Governors
or the Executive Committee of the Authority;
(2)Piloting or serving as observers in aircra immediately before,during and
after ight operations authorized under this Agreement;
(3)Directing or
supervisingaircraft operations authorized under this
Agreement;
(4)Performing maintenance or other support services which are in direct
preparation for,occur during and or result from ight operations
authorized under this Agreement.
All activities which are not within the scope of the foregoing shall be considered
activities undertaken by the individual Parties affected.They Shall not constitute duties
performed on behalf of the Authority,and neither the Authority nor its insurers Shall have any
responsibility or liability therefor.
Section 14.Successors.
This
Agreement
shall be binding upon and shall insure to the benet of the successors of
the Parties hereto,to the extent permitted by law.
Section 15.Severabili.
Should any part,term or provision of this Agreement be decided by the courts to be
illegal or in conict with any law of the United States of America or the State of California,or
otherwise be rendered unenforceable or ineffectual,the validity of the remaining portions or
provisions shall not be affected thereby.
AMENDED FAST JOINT POWERS AGREEMENT Page 17 of 22 01/23/2001 '
12182\0001\616206v4
Section 16.Indemnity.
The Authority shall,at its own cost and expense,defend,indemnify and hold harmless
the member cities of the Authority,their ofcers,agents,volunteers and employees,and each of
them,from and against any and all liability and costs,claims,demands,lawsuits,judgments,
actions or causes of action,whether
sOunding
in tort,contract,strict liability or otherwise
including any
costs
or attorneys fees for injury,death or other damage,direct or indirect,
incurred or threatened by reason of any act or omission of the Authority,or of any person or
entity performing any service for or on behalf of the Authority or discharging any obligation,
task or duty,assumed by such person or entity under this Agreement.This duty of
indemnication shall not be limited by the amount or type of insurance carried by the Authority.
Section 17.General Provisions.
A.Any notices required by or given pursuant to this Agreement shall be in writing
and shall be delivered to both the Directors and the City Clerk of each of the
Parties at the address of the principal business ofces of the respective Parties
listed in the introduction of this Agreement or at such other address as any Party
may specify in writing to the Authority.
B.This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of California.
C.The article and paragraph headingscontained in this Agreement are for the
convenience of reference only and are not intended to dene,limit or describe the
scope of any provision of this Agreement.
D.Whenever any consent or approval is requiredby
this
Agreement,such consent or
approval Shall not be unreasonably withheld.
AMENDED FAST JOINT POWERS AGREEMENT Page 18 of 22 01/23/2001 '
12182\0001\616206v4
E.This Agreement may be executed on behalf of the Parties in multiple counterparts
all of which collectively shall constitute one document.
F.The Authority is hereby authorized to take any or all legal or equitable actions,
including but not limited to injunction and specic performance,necessary or
permitted by law to
enforcethis Agreement.
G.
Should
any part,term or provision of this Agreement be decided by any court of
competent jurisdiction to be illegal or in conict with any law of the State of
California,or otherwise be rendered unenforceable or ineffectual,the validity of
the remaining parts,terms,or provisions of this Agreement Shall not be affected
thereby.
H.The effective date of this Amended and Restated Agreement shall be the latest
date of execution by a Party.This Agreement shall be binding upon and shall
inure to the benet of the successors of the Parties,respectively.None of the
Parties may assign any right or obligation hereunder without the written consent
of the other Parties.
Section 18.Obligations,Immunities.&Beneficiaries.
A.Pursuant to Section 6508.1 of the Government Code of the State of California,the
debts,liabilities,and obligations of the Authority (“Authority Obligations”)Shall
be solely the debts,liabilities,and Obligationsof the Authority.The Authority
Obligations shall not constitute debts,liabilities,and obligations of the Parties,
and the Parties shall have no liability therefor.
B.Pursuant to Section 6513 of the Government Code
of
the State of California,all of
the privileges and immunities from liability,exemptions from law,ordinancesand
AMENDED FAST JOINT POWERS AGREEMENT Page 19 of 22 01/23/2001 '
12182\0001\616206v4
rules,all pension,relief,disability,workmen’s compensation,and
other‘benefits
which apply to the activity of ofcers,agents or employees of the individual
Parties when performingtheir respective functions within the territorial limits of
their respective public agencies,shall apply to them to the same degree andextent
while engagedin the performance of any of their functionsand duties
extraterritorially under the provisions of this Agreement.
The Authority warrants that it will timely take all actions and make all lings
required by Sections 6503.5 and 6503.7 of the Government Code of the State Of
California in order to ensure its ability to exercise its powers.
This Agreement is intended solely for the benet of the Authority and the Parties
to this Agreement,and no third party shall be deemed to be a beneciary or to
have any rights hereunder against the Authority or any of the Parties as a result of
the execution of this Agreement.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed
and attested by the proper ofcers thereunto duly authorized.
THE CITY OF ARCADIA THE CITY OF COVINA
By:
W By:
Title:
1%:Wm Title:
Attest:
CWA)6217/“
‘/Attest
4:inClerk /City Clerk
Dated:0
-
7—2
-
a”r
Dated:
APPROVED AS To FORM:
~
APPROVED AS TO FORM:
(amt ”Jam.
3,.
yCity
Attorney City Attorney
AMENDED FAST JOINT POWERS AGREEMENT Page 20 of 22 01/23/2001
12182\0001\616206v4
rules,all pension,relief,disability,workmen’s compensation,and other benets
which apply to the activity of officers,agents or employees of the individual
Parties when performing their respectivefunctions within the territorial limits of
their respective public agencies,Shall apply to them to the same degree and extent
while engaged in the performance of any of their functions and duties
extraterritorially under the provisionsof this Agreement.
C.The Authority warrants that it will timely take all actions and make all filings
required by Sections 6503.5 and 6503.7 of the Government Code of the State of
California in order to ensure its ability to exercise its powers.
D.This Agreement is intended solely for the benefit of the Authority and the Parties
to this Agreement,and no third party shall be deemed to be a beneciary or to
have any rights hereunder against the Authority or any of the Parties as a result of
the execution of this Agreement.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed
and attested by the proper Officers thereunto duly authorized.
THE CITY OF ARCADIA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
AMENDED FAST JOINT POWERS AGREEMENT
12182\0001\616206v4
THE (3;leOFCOV NA
By:
Came.
Title:Mayor‘
Attes
City erk
Dated:February 21,2001
APPROVED AS TO FORM:Bytfa‘ag/L/
City Attorney
Page 20 of 22 01/23/2001
:
(/
Title:
m 10y0L.
Atigs‘t:
Zena/4W
ea City Clerk
Dated:
Z:2'”,a2 9 0/
APPROVED AS TO FORM:seam.R.W
Ciiy Attorney
THE CITY OF WEST COVINA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
B
y:.6ity Attorney
[Signatures continue on page 22.]
AMENDED FAST JOINT POWERS AGREEMENT
12132'.0001‘.616206v4
THE CITY OF MONROVIA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
THE CITY OF PASADENA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Page 21 of 22 (11/23/2001
THE CITY OF AZUSA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
THE CITY OF WEST COVINA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
[Signatures continue on page 22.]
AMENDED FAST JOINT POWERS AGREEMENT
[2182\0001\616206v4
THE ITY OF NROVIA
'Byl‘342/7122”
4“
8::
M waft}
M193—
Title.
”4111/27?
/
/-.
Attest:
(3%Mi.
”
Dated:
ty %7Z/
APPROVED AS
By:
THE CITY OF PASADENA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Page 21 of 22 01/23/2001
THE CITY OF AZUSA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
THE CITY OF WEST COVINA
By:
M
Title:/‘/,,§’5 42/
Attest:
Mf%/”//2§/
.7'City Clerk
{/1
Dated:7/jf//
//’
APPROVED AS TO FORM:
By:
'y Attorney
[Signatures continue on page 22.]
AMENDED FAST JOINT POWERS AGREEMENT
12182\0001\616206v4
THE CITY OF MONROVIA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
THE CITY OF PASADENA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Page 21 of 22 01/23/2001
THE CITY OF AZUSA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By‘
City Attorney
THE CITY OF WEST COVINA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
[Signatures continue on page 22.]
AMENDED FAST JOINT POWERS AGREEMENT
12182\0001\616206v4
THE CITY OF MONROVIA
By:
Title:
Attest:
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
THE CITY OF PASADENEgg}
i
«Zé
Titgfé/%m
0274
Attest:
d/é
Y
3%)ch
gztyClerk j 0“
Dated:f\%0\bl
APPROVED AS TO FORM:
By:
MW
[43.CityKttomeyV
Page 21 of 22 01/23/2001 ’
THE CITY OF ALHAMBRA
By:'
QM“LV.’@:
Title:PAUL L.TALBOT,MAYOR
Aesw
City Clerk
Dated,FEBRUARY 12,2001
APPROVED AS TO FORM:
By:m /"‘Z,;\
As 5 t
.
City Aorney
SiATE
OF CALIFORNIA )
O'UNTY OF LOS ANGELES )§
CITY OF MONROVIA )
l,LINDA B.PROCTOR,CMC,City Clerk of the City of Monrovia,County and State aforesaid,do hereby certify the foregoing to be
a full,true and correct copy of the
“Amended and Restated Aqreement Amonq the Cities of Pasadena,Monrovia,Arcadia,Azusa,Covina.West Covina,and
Alhambra Creatinq a Joint Powers Authority for Police Helicopter Services to be Known as the Foothill Air Support Team"
as the same appears of record,and that l have carefully compared the same with the original.9X
IN WITNESS WHEREOF,I have hereunto set my hand and afxed the se of e ity of Monrovi is 2 ‘day of Jul
,20
.
.
Linda B.Proctor,CMC,City Clerk
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR
1731/47“Powers rmaf 74V fg/Ica é/IMW
SWV/ées
OWNERSHIP:ElAfn'can American EIAsian EIAnnenian EIHispanic
(Check One)DNative American ElDisabled DFemale EINon-Minority
CONTRACT PURPOSE:
_EKCOmraCt
is an
Amendment
to Contract NO.(If Applicable)
TOTAL CONTRACT VALUE:Charge Acct,#s
RESPONSIBLE DEPARTMENT PERSON:7?”:W/d
PHONE:
4/43
AUTHORIZATION:El Approved by Council on
(Check One)Resolution No.(if applicable)
El Contract under $75,000 (Council action not required)
E]Contract between $25,000 and $74,999 (Afrmative Action exemption)
Approved by Council on (date)3:S ”ta
ROUTINQ SEQ2UEN§2EZ(Please Follow In Order)Initials Date
(1)Responsible Department Person
Checks substance of contract and assembles two (2)copies
of contract and required AA,insurance &bond documents and
Vendor Listin uestionnaire.72f 3"v?Y'O/
(2)Liability and C '
A es insurance
(3)Contract Compliance Off ance (Purchasing)
Approves or AA compliance &Living Wage Compliance
(4)City Clerk
Approves sureties,if bonds required.N
(5)City Attorney A
Approves contract as to form,veries bonds and insurance
included
_
in}3 ”g j '29/
(6)City Signatory
Signs all copies on behalf of City.g,
.
3 ”23 ’9 /
(7)City Clerk
Attests signatures,numbers,files contract,insurance and
bonds and returns duplicate original to responsible department
for transmittal to contractor.
CONTRACT ROUTING FORM REVISED 10/98 kf
Cit of MON OVIA 1887
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Ofce of the City Clerk
July 24,2001
Chief Bernard Melekian
Pasadena Police Department
207 North Gareld Avenue
Pasadena,CA 91101
Dear Chief Melekian:
Enclosed please nd a signed and certied copy of the “Amended and Restated
Agreement Among the Cities of Pasadena,Monrovia,Arcadia,Azusa,Covina,West
Covina,and Alhambra Creating a Joint Powers Authority for Police Helicopter Services
to be Known as the Foothill Air Support Team.”
A copy of the same has also been forwarded to City Clerk Jane Rodriguez,CMC.
Sincerely,
W,
#41
Linda B.Proctor,CMC
City Clerk
Enclosures
cc:Jane Rodriguez,CMC,City Clerk
415 South lvv Avenue Monrovia,California 91016—2888 (626)932—5505
5::3
CITY OF PASADENA
:g
M E M Q.R A H D 11 M
TO:Cynthia Kurtz,City Manager
FROM:Tim Halford,Assistant City Attorney
DATE:March 27,2001
RE:Joint Powers Agreement for Police Helicopter Services
Chief Melekian asked me to review the attached Joint Powers Agreement (JPA)to
determine if council action was needed prior to your signature.I reviewed the Amended JPA and
discussed the amendments with the City Attorney.Based on the original authority given to you
by the Council and the terms of the original JPA there is no need for Council action.
The ability of the JPA to add new members was provided in the original JPA.The
other changes included in the amended JPA do not exceed the authority granted to you by
Council.
I am attaching the original to the amended JPA to this memorandum.Please sign it
and return it to me.I will make copies and deliver it to the Chief.
Thank you.
17,266 CITIES OF ARCADIA,AZUSA,COVINA,4/10/2000 PROCESSED
GLENDORA,MONROVIA AND WEST UNDER
COVINA
-
provide police helicopter service C 17,266-1
17,266-1 CITY OF MONROVIA,CITY OF 04/10/2001 03/30/2001
ARCADIA,CITY OF AZUSA,CITY OF ORIGINAL
COVINA,CITY OF MONROVIA,CITY AGREEMENT
OF WEST COVINA,and CITY OF ALSO
ALHAMBRA
—
Joint Powers Authority to PROCESSED
provide police helicopter services
—~
(aka UNDER
FOOTHILL AIR SUPPORT TEAM)17,266-1
The original Joint Powers Agreement (JPA)
—-
Agreement No.17,266
—
was never received
by the City Clerk’s Office.
The JPA added a new member (City of Alhambra)and generated the Amended and
Restated Agreement (which was processed under Agreement No.17,266-1).
Agreement No.17,266-1 takes the place of Agreement No.17,266 in the file.
k
Kathy Vandervort
.Vanfdervbrthathy
From:Vandervort,Kathy 0
Sent:Monday,January 14,2002 2:01 PM
To:Oldeld,Thomas LLoyd
Subject:Agreement No.17,266
re:Cities of Arcadia,Azusa,Covina,Glendora,Monrovia,West Covina
Joint Powers Agreement for the purpose of establishing a regional law
enforcement helicopter patrol
The City Clerk is the appointed custodian of all original City documents and is
required to have them available for public review at all times.We are asking for
your assistance in keeping our les current and up-to-date in order that we may
better serve the public and staff.
In reviewing our les,we have discovered that the nal executed original of the
above cited agreement approved by the City Council on April 20,2000 was never
received by our office.Please forward this document to the City Clerk's Ofce
within seven (7)working days.If an original is not available,a xerox copy may
be substituted.We do have on le the Amended and Restated Agreement
among the cities of Pasadena,Monrovia,Arcadia,Azusa,Covina,West Covina,
and Alhambra creating a Joint Powers Authority for police helicopter services to
be known as the Foothill Air Support Team (Agreement No.17,266-1)which was
executed by Pasadena on March 30,2001.
If the action approved by Council on April 10,2000 has not been nalized for
some reason,please provide a written memo or e-mail so we may have that
explanation on le.
Thank you for your prompt attention to this request.If you have any questions,
please call me at ext.3056.
Agenda Report
C 0.9%
To:City Council March 27,2000
Through.Public Safety Committee
From:City Manager
Subject:Regional Helicopter Patrol with Contract Cities
RECOMMENDATION
It is recommended that the City Manager be authorized to enter into a contract and Joint
Powers Agreement with neighboring cities for the purpose of establishing a regional law
enforcement helicopter patrol.
BACKGROUND
The Police Department has been participating in discussions with several other San
Gabriel Valley cities toward the implementationof a regional helicopter patrol program.
During this past summer the Police Department conducted a 7-week trial helicopter
program with the cities of Azusa,Monrovia,and West Covina.As a result of this trial
program the concept of a regional helicopter patrol program was validated and found to
be both effective and valuable to the participatingcities.
The cities of Arcadia,Azusa,Covina,Glendora,Monrovia,and West Covina are now
desirous of contracting with the Police Department for police helicopter service.Their
objective is to obtain both helicopter patrol and response to specic incidents within their
communities.Initially they want to start the program on a limited basis of two shifts per
week.This program will use an additional helicopter during operationalhours and will
not reduce the current level of helicopter patrol providedto Pasadena.
The Police Department is in the process of preparinganother helicopter for police use.
This OH-58 aircraft was obtained from the Department of Defense through the 1033
Surplus Property Program.Because the helicopter was acquired through this program
federal regulations are very specic about reimbursement for ight time.The regulations
mandate that any charge for the operation of the aircraft is limited to an amount that
recovers the direct operating cost of the aircraft.In addition,a joint program of this
nature must be funded through a common treasury.
MEETING OF 04/10/2000 AGENDA lTEM NO._i._E‘.LJ_)_
Regional Helicopter Patrol
n
.rh Contract Cities
—
Page 2
A Joint Powers Agreement between the participating cities will satisfy the common
treasury requirement.The Board of Directors for the Joint Powers Authority would
consist of the City Manager/Administrators of the participating cities.An Executive
Committee consisting of the Police Chief‘s from the participating cities will exercise the
authority to develop and administer policies,programs,priorities,organizational
structure(s),stafng,training,equipment,facilities and budgets as may be required for
the effective operation of the program.The City of Pasadena will manage the treasury of
the JPA.
Stafng will be comprised of ofcers from the participating departments.Observers will
be solicited ‘om all participating agencies.The Police Department will provide observer
training for ofcers from participating departments.This training will consist of 16 hours
of classroom sessions and three shifts of airborne training.The participating departments
will set their own criteria for participants in the training and make the personnel available
for training.At the conclusion of the training program the participating departments will
select their personnel for assigmnent to the regional program.
In the beginning of the program some of the personnel may be assigned on an overtime
basis.As the program progresses it will be possible to staff aircrews on an on duty status.
The personnel costs will be reimbursed to the participating agencies by the joint treasury.
The cost has been established at $330 per hour,billed by the tenth of an hour.This fee is
based on the operating cost of the helicopter,the salary—benet and burden rate of the
pilot and observer,and a percentage of the Internal Service Charges of the Helicopter
Section (based on the average ight hours per year).Wages paid to employees of
participating cities,including Pasadena,will be reimbursed from the common treasury.
The income from the regional program to the JPA is estimated at $155,000 per year.The
additional flight time for the Police Department Helicopter Section will be approximately
477 hours.The estimated income to Pasadena for these flight hours,including
administrative fees,is $85,000.Of this,approximately $61,000 would be operational
expense for the aircraft and the remaining $24,000 for administrative expenses.The funds
related to the operational expense of the aircraft would be placed in the LA IMPACT
fund.The income related to the administrative expenses would be returned to the
General Fund.The remainder of the income to the JPA ($70,000)will be distributed to
the participating agenciesto reimburse personnel costs on an actual cost basis.
Initially the program will be operated through the LA IMPACT account.The process for
billing for services and paying for aircraft operating costs is already established in this
account.As indicated in the previous paragraph the aircraft operating expense related to
this program is estimated at $61,000 for the rst year of operation.
Regional Helicopter Patrol
v.
.111Contract Cities
—
Page 3
FISCAL IMPACT
This action will result in revenues of up to $61,000 to the Police Department,LA
IMPACT Fund,and $24,000 to the General Fund.
Respectfully Submitted,
City Manager
Prepared by:
Tom Oldfmnant
Helicopter Section
Approved:/ngaé
Bernard K.Melekian
Police Chief
Reviewed by;
Director
of Finance
AMENDMENT TO THE AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT AMONG THE CITIES OF PASADENA,MONROVIA,
ARCADIA,COVINA,ALHAMBRA,SAN MARIN O,SIERRA MADRE,
GLENDORA,POMONA AND SOUTH PASADENA RELATING TO A JOINT
POWERS AUTHORITY FOR POLICE HELICOPTER SERVICES KNOWN AS THE
F OOTHILL AIR SUPPORT TEAM
This Amendment to the above-referenced Amended and Restated Joint Exercise of
Powers Agreement originally dated March 30,2001,as subsequentlyamended (“the
Agreement”),is hereby made by and between the Foothill Air Support Team Joint Powers
Authority (“FAST”)on behalf of its member agencies and the City of Irwindale (“Irwindale”)as
ofJuly,2015.
A.Irwindale has applied to become a member FAST.
B.On June 2,2015,at a duly noticed meeting,the Executive Committee of FAST
unanimously consented to the admission of Irwindale,as required by the FAST Joint Powers
Agreement,as a new member of FAST.
NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,COVENANTS
AND CONDITIONS CONTAINED IN THE AGREEMENT AND HEREIN,THE PARTIES
DO HEREBY AGREE TO AMEND THE AGREEMENT AS FOLLOWS:
1.Pursuant to Section 12 of the Agreement,Irwindale Police Department is admitted
as a Member City of FAST,effective July 1,2015.
2.From and after the effective date stated above,Irwindale approves and accepts the
Agreement,Irwindale and FAST shall comply with all the terms and requirements of the
Agreement.
Error!Unknown document property name.
3.As of the effective date stated above,the Members of FAST will include the
Cities of Alhambra,Arcadia,Covina,Glendora,Irwindale,Monrovia,Pasadena,Pomona,San
Marino,Sierra Madre and South Pasadena.
CITY or IRWINDALE
B
.
Title:'
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Dated:7 /él /Z/S
Atte.
/4m W
ity Clerk
Dated:
‘7/&0 hr
APPROVED AS TO FORM:
Irwindale City A rney
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FOOTHILL AIR SUPPORT TEAMBy/%/%/|
MST President
Larry Giannone,Chief of Police
Sierra Madre Police Department
Dated:/4'—/é'
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By:
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lgoard
Member
11pL Sanchez,Chief of Police
Pasadena Police Department
Dated:Lae-[is ‘18,