City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution approving an Amendment to
the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force
("L.A. IMPACT") Joint Powers Agreement (JPA).
BACKGROUND:
Inaugurated on July 1, 1991, L.A. IMPACT is a compilation of numerous Federal,
State and local law enforcement agencies in Los Angeles County whose primary
focus is to investigate major crimes with an emphasis on dismantling mid- to major
level drug trafficking organizations. The task force was originally founded by the Los
Angeles County Police Chiefsโ Association; a majority of the law enforcement
executives from this association have been designated to serve on the current Board
of Directors of L.A. IMPACT.
L.A. IMPACTโs primary area of expertise is narcotic enforcement. The task force is
known for its surveillance capabilities and possesses the some of the most extensive
surveillance resources in California. L.A. IMPACT has specialized proficiency in the
following areas: major drug trafficking organizations, money laundering, clandestine
laboratory investigations, transportation and parcel interdiction, and gang
enforcement. L.A. IMPACT is the primary clandestine laboratory response team for
Los Angeles County.
In 2011, L.A. IMPACT was formally organized as a Joint Powers Authority under the
California Government Code. On February 8, 2011, the City Council adopted
Meeting Date: 09-24-2012 Item Number: _C-5_____
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an Amendment
to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force
Joint Powers Agreement.
Contact Person/Dept.:
Don Pedersen, Police Chief
Lisa Vidra, Deputy City Attorney
Phone Number:
(310) 253-6100
(310) 253-5660
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Public Hearing: [] Action Item: [] Attachments: [x]
Public Notification: Meetings and Agendas โ City Council (09/20/12)
Department Approval:
Don Pedersen, Police Chief (09/10/12)
City Attorney Approval:
Carol Schwab (by L. Vidra) (09/13/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (09/19/12)
City Manager Approval:
John M. Nachbar (09/19/12) City of Culver City, California
Agenda Item Report
Resolution No. 2011-R006 approving the City's membership in the L.A. IMPACT
Joint Powers Authority (Attachment 1). Currently there are 33 member cities, along
with the County of Los Angeles and the State of California Bureau of Investigation,
which operates out of the Department of Justice. The federal Drug Enforcement
Agency (DEA) continues to partner with L.A. IMPACT on major investigations.
DISCUSSION:
During the first year of operating as a Joint Powers Authority, it became apparent
that several issues needed clarification or were not addressed in the inaugural JPA
as adopted by the Membership. Specifically, two areas were recognized as
warranting amendment: Associate member indemnity and state contracting goals for
disabled veterans businesses.
Associate Member Indemnity
The JPA, to which all Members are a party by definition, provides that each Member
will indemnify L.A. IMPACT as well as other Members for the general liability and
workerโs compensation liability caused by the Membersโ contributed personnel who
perform law enforcement or support functions. These indemnity provisions are found
in Sections 14.03 and 14.04 of the JPA. The JPA also provides in Section 14.06 that
L.A. IMPACT will indemnify its Members for the actions of L.A. IMPACT's
employees.
The JPA also contemplates that public agencies may join L.A. IMPACT as an
Associate Member rather than as a full Member. Article 4 of the JPA addresses
Associate Member Agreements.
The JPA does not contain a provision for the Members or for L.A. IMPACT to
indemnify Associate Members or provide that Associate Member agreements must
contain indemnity provisions to protect the Members. It is contemplated that
Associate Members would contribute law enforcement personnel who would work
side by side with Membersโ contributed personnel. This lack of indemnity between
Associate Members and the Members would most likely discourage agencies from
becoming Associate Members. Additionally, the Members, such as Culver City, may
not be shielded from liability when its officers are working side by side with an
Associate Member's officers.
In January 2012, the L.A. IMPACT Executive Committee (a 13-member committee
of the Board of Directors) voted unanimously to send an Amendment to the
Members addressing indemnity as it pertains to Associate Members.
State of California Contracting Participation Goals City of Culver City, California
Agenda Item Report
Government Code Section 6522, which is part of the Joint Powers Act governing
L.A. IMPACT as a joint powers authority, provides that that the contracting
participation goals set out in the California Military and Veterans Code Section 999
et seq. are to become part of any joint powers agreement entered into by the State
of California. The former Bureau of Narcotics Enforcement, now the Bureau of
Investigation ("BI"), participates in L.A. IMPACT and contributes a number of sworn
and non-sworn personnel, including at the Executive Director level. The BI wishes
to continue its participation in L.A. IMPACT and has signed the JPA, contingent
upon the requirements of Government Code Section 6522 being added to the JPA
through an amendment.
The contracting participation goals set out in the Military and Veterans Code state
that a State agency must strive to meet the goal of awarding 3% of its annual
contracting dollars to businesses owned by disabled veterans. While it is mandatory
to include the state contracting goals in the JPA, there are no penalties if the goals
are not met, and state law specifically provides that a third party cannot take legal
action to invalidate contracts of the agency for failure to meet the participation goals.
In June 2012, the Executive Committee voted unanimously to send an Amendment
to the Members regarding the contracting goals.
The JPA may be amended by a majority of the Members' governing boards
approving the Amendment. Staff recommends that the City Council adopt the
attached Resolution approving the Amendment.
FISCAL ANALYSIS:
Adoption of the proposed Resolution is not expected to result in a material fiscal
impact to the City.
ATTACHMENTS:
1. Resolution No. 2011-R006
2. Proposed Resolution 2012-R___
City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Adopt a resolution approving an Amendment to the Los Angeles Interagency
Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement.
MEETING DATE: September 24, 2012
AGENDA ITEM: Adoption of a Resolution (1) Approving an Amendment to the
Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force
(L.A. IMPACT) Joint Powers Agreement (JPA) and Authorizing the City
Manager to Execute the JPA Amendment.
ATTACHMENTS
Pages
1. Resolution 2011-R006
1-24
2. Proposed Resolution 2012-R__
25-30 RESOLUTION NO. 2011-R00 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING THE LOS
ANGELES INTERAGENCY METROPOUTAN POLICE
APPREHENSION CRIME TASK FORCE JOINT POWERS
AGREEMENT (LA IMPACT JPA), AUTHORIZING THE
CITY'S MEMBERSHIP IN LA IMPACT; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE - JPA
AGREEMENT.
WHEREAS, the City of Culver City recognizes the need for a regional crime
task force with specialized proficiency in the area of to effectively investigate
major crimes, with an emphasis on narcotics enforcement: and,
WHEREAS, the City of Culver City currently participates in the Interagency
Metropolitan Police Apprehension Crime Task Force (LA IMPACT) as a signatory to a
Memorandum of Understanding, and supports the concept of formally organizing LA
IMPACT as a Joint Powers Authority to clarify the rights and duties of the LA IMPACT
members and to provide LA IMPACT with legal standing as an entity with its own; and,
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WHEREAS, the Joint Powers Agreement (JPA) creates an Authority to
coordinate a county-wide multi-jurisdictional crime task force; and
WHEREAS, the City of Culver City desires to become a member of the LA
IMPACT Authority created thereto.
Now, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. Pursuant to the City's authority Under the Joint Exercise of Powers
Act in California Government Code ยง6500 et seq., the Los Angeles Interagency
Metropolitan Police Apprehension Crime Task Force (LA IMPACT) Joint Powers
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2011 -R006 ATTEST:
MARTIN R. COLE
City Clerk
1 Agreement, attached hereto and incorporated herein, is approved, thereby authorizing the
2 City's membership in the LA IMPACT Authority; and
3 2. The City Manager is authorized and directed to execute the LA
4 IMPACT Joint Powers Agreement to effectuate the intent of this Resolution.
5. 3. The Mayor, or presiding officer, is hereby authorized to affix his
signature to this Resolution signifying its adoption and the City Clerk, or his duly appointed
deputy is directed to attest thereto.
4. This Resolution is effective upon adoption.
APPROVED and. ADOPTED this 07th day of February , 2011.
CLISISTOPyiER ARM ENTA, Mayor
City of Cu16er City, California
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2011-R006
-2- STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CULVER CITY
I, Ela Valladares, Deputy City Clerk of the City of Culver City, California,
do hereby certify that the foregoing Resolution No 2011-R006 as duly and
regularly adopted, passed, and approved by the City Council of the City of
Culver City, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the 08 th day of February 2011, by the
following Councilmember vote:
AYES:
Cooper, Ma!sin, O'Leary, Weissman, Arrnenta
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated this 08th day of February, 2011.
Ha Valladares
Deputy City Clerk and Ex-Officio Clerk of the City Council
City of Culver City, State of California JOINT POWERS AGREEMENT FOR
LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION
CRIME TASK FORCE
(L.A. IMPACT)
This Agreement is executed by and among those public agencies, duly
organized and. existing, which are parties signatory to this Agreement. All such
public agencies, hereinafter each called a Member, shall be listed in Exhibit A to
the Agreement. This Agreement is dated , 2011 for reference purposes.
Each public agency executing this Agreement shall be referred to
individually as "Member," with all referred to collectively as 'Members."
RECITALS
WHEREAS, the Members have and possess the power and authorization
to organize and establish a consolidated law enforcement task force to address
criminal justice issues for the benefit of the lands and inhabitants within their
respective boundaries; and
WHEREAS, the Members propose to join together to establish, operate,
and maintain a joint powers authority for the purpose of integrating resources and
investigative efforts to address emerging. criminal justice issues and for the
benefit of their respective lands and inhabitants; and
WHEREAS, it is in the public interest to provide a means by which other
public agencies may request services for the benefit of their [ands and
inhabitants; and
WHEREAS, the Members have the authority under the Joint Exercise of
Powers Act, in California Government Code Section 6500 at seq. (the "Act"), to
enter into this Agreement.
NOW, THEREFORE, for and in consideration of the mutual
promises and
covenants contained herein the parties hereto agree as follows:
ARTICLE 1
DEFINITIONS
"Act" shall mean the Joint Exercise of Powers Act, in California Government
Code Section 6500 et seq_
"Authority" shall mean the LOS ANGELES INTERAGENCY METROPOLITAN
POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) created by this
Agreement.
1-27-11 "Associate Member" means a public agency which is a party to an Associate
Membership Agreement entered into between the Authority and such public
agency pursuant to Article 4 hereof.
"Board of Directors" or "Board" shall mean the governing body of the Authority.
"Bylaws" shall mean guidelines adopted by the Board of Directors sefting forth
policies and procedures for the operation of the Authority and for the exercise of
the Board's powers granted in this Agreement.
"Controller" shall mean the chief financial officer designated with the primary
responsibility for financial accounting and reporting.
"ExecUtive Committee" shall mean the Executive Committee of the Board of
Directors of the Authority.
"Fiscal Year" shall mean that period of twelve months which is established by the
Board of Directors or the Bylaws as the fiscal year of the Authority.
"Government Code" shall mean the California Government Code, as it may be
amended from time to time.
"Member(s)" means any public agency as the term
"public agency" is defined by
Section 6500 of the Joint Powers Law, which includes, but is not limited to, any
federal, state, county, city, public corporation, public district of this state or
another state, or any joint powers authority formed pursuant to the Joint Powers
Law by any of these agencies which has executed this Agreement and has
become a member of the Authority.
ARTICLE 2
PURPOSES
2.01 The purpose of the Authority is to establish a separate organization for the
exercise of powers common to the Members, which may include promoting
coordinated law enforcement efforts and facilitating the integration, investigation
and sharing of criminal justice information, data, and issues in the manner set
forth in this Agreement.
2.02 The Authority is intended to promote coordinated law enforcement efforts,
and to address emerging criminal justice issues throughout the Los Angeles
County area and other areas that appear to have a connection or nexus to Los
Angeles County, encouraging maximum cooperation between all law
enforcement and prosecutorial agencies, and promoting the safety of both police
personnel and the public, accomplished in an effective manner within
constitutional guidelines, including but not limited to:
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1-27-11 a) Target, investigate, and cause to be prosecuted individuals who
organize, direct, finance, or otherwise engage in drug trafficking enterprises or
money laundering, placing a high priority on those subjects engaged in the
importation of drugs and to interdict such illicit supply lines and seize their drugs.
b) Identify, cause to be prosecuted and ultimately cause to be
convicted drug traffickers and to seize assets derived through drug trafficking
through the effective methods of a task force approach.
c) Use short and long term investigations to focus on the eradication
of criminal activity within street gangs by extracting the criminal hierarchy and
disrupting the organizational flow of street gangs.
d) Assist Members or Asseciate Members, when requested, in
criminal investigations, lending of equipment, sharing of information, providing
support personnel, specialized expertise, training or other heeds that the
Authority can provide at the time the request is made.
e) Assist non-Member agencies, when requested and with the
approval of the Executive Director or designee, in criminal investigations, lending
of equipment, sharing of information, providing support personnel, specialized
expertise, training or other needs that the Authority can provide at the time the
request is made.
Apply for grants and implement programs to address issues of
narcotics, terrorism and Homeland Security.
ARTICLE 3
PARTIES TO AGREEMENT; EFFECTIVE DATE
3.01 Each Member, as a party to this Agreement, certifies that it intends to and
does contract with all other Members as parties to this Agreement and with such
other public agencies as later may be added as parties to this Agreement.
3.02 This Agreement shall become effective, and the Authority shall come into
existence, when the following event occurs (the 'Effective Date"):
a) This Agreement is authorized and executed by not less than ten
(10) public agencies; and
b) Forty-five days has elapsed after the authorization and execution
by not less than ten (10) public agencies.
3.03 The Board shall also designate a period, which shall be not less than 180
days after the Bylaws are adopted, during which Members may submit written
notice of immediate withdrawal from the Authority. There will be no costs for any
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1-27-11 Member that withdraws from the Authority within this time period. It is the intent
of the Members that Bylaws will be developed and adopted by the Board, as
authorized under Section 6.04(a), and that the Authority will seek applicable and
necessary liability coverage during this period.
Notice shall be given to all Members pursuant to Section 18.02 within
five (5) days of adoption of the Bylaws. The notice shall include a copy of the
adopted Bylaws and a statement of the extent and type of liability coverage
which the Authority can obtain_ After the Bylaws have been adopted, Members
may withdraw from the Authority during the specified period in accordance with
the pi-ovisions of this Section 3.03. After expiration of said stated time period, any
Member may withdraw from the Authority in accordance with Article 16
he rei nbelow.
ARTICLE 4
ASSOCIATE MEMBERSHIP AGREEMENT
4.01 Power to Enter Into Associate Membership Agreements. In addition to
those powers specified in this Agreement, the Authority shall have the power to
enter into Associate Membership Agreements with any public agency upon the
approval thereof by the Board.
4.02. Contents of Associate Membership Agreement. Each Associate
Membership Agreement shall:
a) State that the public agency is an Associate Member of the
Authority.
b) Specify that the purpose of the Associate Membership Agreement
is (I) to fadlitate cooperation between law enforcement agencies to carry out the
stated purposes of the Authority; andlor (ii) to contribute law enforcement
personnel, who shall remain under the general direction and control of the
respective Associate Member agency to which they belong, to the Authority to
assist in carrying out the activities of the Authority.
c) Restrict the powers and obligations of such public agency with
respect to the Authority to those enumerated in this Article 4;
d) Specify that such public agency shall not have the power to: (i) vote
on any action to be taken by the Authority; or (ii) appoint a Director to the Board;
e) Specify the fees, if any, to be charged such public agency for its
participation in the Authority; and
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1-27-11 Specify to what extent, if any, the Associate Member may share in
asset distributions.
4.03. Approval of Associate Membership Agreements. In determining whether
to approve an Associate Membership Agreement with a public agency which
proposes to be an Associate Member, the Directors may take into account any
criteria deemed appropriate to the Directors.
ARTICLE 5
POWERS
5.01 The Authority shall possess in its own name, and the Members delegate
to it, the following enumerated powers:
a) To make and enter into, in its own behalf and not on behalf of the
individual Members, contracts consistent with this Agreement, including, but not
limited to, contracts to pumhasetlease and/or dispose of supplies and
equipment,.
b) To receive gifts, contributions, and donations of property, funds,
services, and other forms of financial assistance from persons, firms,
corporations, and any governmental entity, in accordance with applicable Los
Angeles County Conflict of Interest Code and State conflict of interest laws.
c) To sue and be sued in its own name.
d) To apply for appropriate grants under any Federal, State, or local
programs for assistance in developing any of its programs or providing services
to other public entities.
e) To issue bonds and to otherwise incur debts, liabilities and
obligations, provided that no such bond, debt, liability or obligation shall
constitute a debt, liability or obligation of the individual respective Members.
To appoint committees, adopt rules, regulations, policies, Bylaws,
and procedures governing the operation of the Authority.
g) To add Members or Associate Members to the Authority as
approved by the Authority Board of Directors and the existing Members as
provided herein.
h) To appoint/hire officers, employees, agents, or consultants and
adopt personnel rules and policies governing officers and employees.
i) To reimburse Members for overtime expenditures of a Member's
contributed personnel who isiare assigned to assist in carrying out the activities
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1-27-11 of the Authority as directed by the Executive Director of the Authority and
approved by the Executive Committee in accordance with Section 13.06 of this
Agreement. Said overtime expenditures, if any, shall be paid in accordance with
all applicable State and Federal laws, including the Fair Labor Standards Act.
j)
To purchase equipment with prior approval by the Executive
Director and pursuant to a purchasing policy adopted by the Board of Directors in
accordance with Section 5,04_
k) To distribute proceeds from asset forfeiture seizures to Members,
and to Associate Members as applicable, in accordance with rules and formula
specified in the Bylaws and applicable Federal and State law.
I) To assign personnel contributed from the Members or Associate
Members to positions that fulfill the needs of the Authority, who shall remain
under the general direction and control of the respective Member or Associate
Member agency to which such personnel belong.
m) To invest and manage Authority funds, by and through the
Treasurer, in accordance with State law.
n) To obtain all types of insurance as may be necessary to cover the
liabilities of the Authority or its Members as determined by the Board.
o) To exercise such other powers and authority as are necessary and
proper to carry out its functions herein, and as provided in the Act.
5.02 Each Member expressly retains all rights and powers to investigate,
finance, plan, develop, construct, equip, maintain, repair, manage, operate and
control equipment, facilities, properties, projects, and information that it deems in
its sole discretion to be necessary or desirable for its own criminal justice needs,
and that are authorized by the laws governing it. This Agreement .shall not be
interpreted, and the Authority created herein, shall not have the power to impair
or control any of the Members' respective rights, powers, or title to such
investigations, equipment, facilities, properties, information, and projects, nor
shall any Member be required to provide additional personnel, equipment, or
services to the Authority than as provided in this Agreement, without the written
consent of the Member.
5.03 Each Member expressly retains all rights and powers to use other funds or
funding sources to investigate, finance, plan, develop, construct, equip, maintain,
repair, manage, operate, and control equipment and facilities for their criminal
justice needs.
5.04 Pursuant to and to the extent required by Government Code Section 6509,
including the power to contract, the Authority shall be restricted in the exercise of
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1-27-11 its powers in the same manner as the City of Los Angeles is restricted in its
exercise of similar powers; provided that, if the City of Los Angeles 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 Long Beach.
ARTICLE 6
ORGANIZATION
6.01 Composition of Board. The Authority shall be governed by the Board of
Directors, which shall be composed of the President of the Los Angeles County
Police Chiefs Association, the Police Chief of the city law enforcement agency of
each Member city, the Los Angeles County Sheriff, and any designated
representative of any Federal or State agency which is a Member. The Police
Chief of the City of Los Angeles and the Los Angeles County Sheriff may
designate an alternate to act in his/her place on the Board, provided the alternate
is a person at executive command rank. Each Member shall provide a written
designation of its Director representative to the Authority. The Board shall
maintain a list of all current Members in good standing who serve on the Board,
including but not limited to any Federal or State agency which is a Member. The
Board of Directors may allow for an alternate of the designated representative to
the Authority in accordance with the Bylaws of the Authority.
6.02 Termination of Status as Director. A Director shall be removed from the
Board of Directors upon the occurrence of any one of the following events:
a)
The withdrawal or removal of the Member from the Authority;
b) The death or resignation of the Director;
c) The Authority's receipt of written notice from the Member that the
Director is no longer qualified as provided in Section 6.01 of this Article.
6.03 Compensation_
Directors and their alternates, if any, are not entitled to
compensation by the Authority. The Board of Directors may authorize
reimbursement of expenses incurred by Directors in the performance of services
for the Authority where such expenses are not paid by the employing Member_
6.04 Powers of Board. The Board of Directors shall have the following powers
and functions:
a) Except as otherwise provided in this Agreement, the Board shall
exercise all powers and conduct all business of the Authority, either directly or by
delegation to other bodies or persons. The primary objective of the Board is to
establish overall policy and strategy. As such, the Board may adopt Bylaws or
other guidelines setting forth policies and procedures for the operation of the
Authority and for the exercise of the Board's powers granted herein.
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1-27-11 b) The Board shall form an Executive Committee, as provided in
Article B. The Executive Committee may exercise all powers or duties of the
Board, except (i) the adoption of the Authority's annual budget or any
amendments thereto, (ii) the adoption of the Bylaws or any amendments thereto,
and (Hi) the issuance of bonded debt, which powers are expressly reserved to the
Board. All actions by the Executive Committee shall be subject to review, and
approval, modification or disapproval, by the Board at its discretion.
c) The Board may form, as provided in Article 10, such other advisory
committees as it deems appropriate or it may delegate such power to the
Executive Committee in the Bylaws or by resolution of the Board. The
membership of any such other committee may consist in whole or in part of
persons who are not members of the Board.
d) The Board shall cause to be prepared, and shall review, modify as
necessary, and adopt the annual operating budget of the Authority. To the extent
that the budget includes funding by Members, such funding is subject to approval
by the governing bodies of those Member agencies. Adoption of the budget may
not be delegated.
e) The Board shall receive, review and act upon periodic reports and
audits of the funds of the Authority, as required under Articles 10 and 13 of this
Agreement.
The Board shall develop the rules and formula for the distribution of
proceeds from asset forfeiture seizures, consistent with applicable Federal and
State law, to its participating Members and Associate Members which are
reasonably related to each such participant's contribution of personnel and/or
participation in the activities of the Authority.
g) The Board shall have such other powers and duties as are
reasonably necessary to carry out the purposes of the Authority including but not
limited to adopting contracting and purchasing rules and regulations, in
accordance with Section 5.04, internal financial controls, personnel rules and
regulations, and similar rules and regulations consistent with State law governing
public agencies_
h) Meetings of the Board of Directors, Executive Committee, and any
other "legislative body" of the Authority, as that term is defined in Section 54952
of the Government Code, shall be called, noticed, and conducted in accordance
with the Ralph M. Brown Act, Section 54950 et seq. of the Government Code.
ARTICLE 7
MEETINGS OF THE BOARD OF DIRECTORS
7.01 Regular Meetims. The Board of Directors shall hold at least two (2)
regular meetings each year. The Board of Directors shall fix by resolution or in
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1-27-11 the Bylaws the date upon which, and the hour and place at which, each regular
meeting is to be held.
7.02 Minutes. The Authority shall have minutes of each regular, adjourned
regular, and special meetings kept by the Secretary. As soon as practicable after
each meeting, the Secretary shall forward to each Board member a copy of the
minutes of such meeting_
7.03 Quorum: A majority of all members of the Board and the Executive
Committee, respectively, is a quorum for the transaction of business. A vote of
the majority of a quorum at a meeting of the Board or the Executive Committee is
sufficient to take action unless otherwise provided in the Bylaws; except that a
majority of all members of the Board is required in order to take action on: (i) the
adoption of the Authority's annual budget and any amendment(s) thereto, (ii) the
adoption of the Bylaws and any amendment(s) thereto, and (iii) the issuance of
any bonded debt of the Authority. However, less than a quorum may adjourr .
from time to time but may not take action on matters before the Board or
Executive Committee,
7.04 Voting_ Each Member of the Board shall have one vote.
ARTICLE
EXECUTIVE COMMITTEE
8.01 The Board shall establish an Executive Committee which shall consist of a
total of thirteen (13) Directors selected from the Board, which shall include the
President of the Los Angeles Police Chiefs Association, the Sheriff of the County
of Los Angeles or his/her designee (provided such designee shall be at an
executive command level) and the Chair of the Authority designated pursuant to
Article 9. Except as otherwise provided herein, the composition, the terms of
office of the Directors, and the conduct of the Executive Committee shall be as
provided in the Bylaws. The Executive Committee shall conduct the business of
the Authority between meetings of the Board, exercising all those powers as
provided for in Section 6.04(b), or as otherwise delegated to it by the Board.
8.02 Each Director on the Executive Committee shall be confirmed and
approved by the Board of Directors, and, with the exception of the President of
the Los Angeles County Police Chiefs Association, must be a Member with
personnel assigned to the taskforce.
8.03 Any vacancy on the Executive Committee shall be filled by the Board
within ninety (90) days of the vacancy.
ARTICLE 9
OFFICERS
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1-27-11 9.01 The Board shall nominate and elect a Chair, Vice Chair, arid Secretary of
the Authority, each for a ten -n of two (2) years, from among the Directors at its
last meeting of every other Fiscal Year. Each officer shall assume the duties of
the respective office upon election. If an officer ceases to be a member of the
Board, the resulting vacancy shall be filled at the next regular meeting of the
Board held after the vacancy occurs or at a special meeting of the Board called
to fill such vacancy. In the absence or inability of the Chair to act, the Vice Chair
shall act as Chair. The Chair shall preside at and conduct all meetings of the
Board. The Board may appoint such other officers as it considers necessary and
as provided in the Bylaws.
ARTICLE 10
COMMITTEES
10.01 The Board may establish advisory committees as it deems appropriate or
it may, in the Bylaws or by resolution, delegate such power to the Executive
Committee. Members of committees shall be appointed by the Board or the
Executive Committee. Each committee shall have those duties as determined by
the Board or the Executive Committee or as otherwise set forth in the Bylaws.
Each committee shall meet on the call of its chairperson, and shall report to the
Executive Committee and the Board as directed by the Board or the Executive
Committee.
ARTICLE 11
LIABILITY OF BOARD OF DIRECTORS, OFFICERS AND
COMMITTEE MEMBERS
11.01 The members of the Board of Directors, officers and committee members
of the Authority shall use ordinary care and reasonable diligence in the exercise
of their powers and in the performance of their duties pursuant to this Agreement.
No Director, officer or committee member shall be responsible for any
action taken or omitted by any other Director, officer or committee member. No
Director, officer or committee member shall be required to give a bond or other
security to guarantee the faithful performance of his or her duties pursuant to this
Agreement.
The Authority shall acquire and maintain insurance protection as is
necessary to protect the interest of the Authority and its Members in its
administration of the Authority in accordance with Section 14.06 below.
ARTICLE 12
STAFF
12.01 Principal Staff. The following staff members shall be appointed by and
serve at the pleasure of the Executive Committee:
1 0
1-27-11 a) Executive Director. The Executive Director shall administer the daily
business and activities of the Authority, subject to the general supervision and
policy direction of the Board and the Executive Committee; shall be responsible
for all minutes, notices and records of the Authority; shall administer all contracts;
may enter into contracts within authority set by the Board or Executive
Committee, and shall perform such other duties as are assigned by the Board or
Executive Committee. The Executive Director shall be a peace officer employed
by one of the Members or Associate Members of the Authority and shall have
obtained senior law enforcement management rank that will provide a range of
operational capability to the Authority.
b) Legal Counsel. With the approval of the Board, legal counsel shall
be provided by one or more Member agencies to serve as general counsel
("General Counsel") to the Authority, except to the extent that among those
agencies, conflicts of interest prevent such representation. The specific and
ongoing duties of General Counsel may be rotated, as determined among those
agencies, and shall be on a voluntary basis at no cost to the Authority. However,
nothing in this Agreement shall prevent or be construed to prevent the Authority
from seeking and engaging legal counsel from a private legal firm to handle any
matter, subject to the approval of the Executive Committee.
12.02 Support Staff. Subject to the approval of funding in the Authority's budget
and to the general supervision and direction of the Board and Executive
Committee, the Executive Director shall provide for the appointment of such
other staff as may be necessary for the administrative support of the Authority,
which staff shall be employees of the Authority. Upon mutual agreement, a
Member may provide supplemental administrative support services in exchange
for reimbursement by the Authority, or as a contribution credit for services.
Administrative personnel of a Member performing these functions remain
employees of the contributing Member, and are not employees of the Authority.
12.03 Treasurer and Controller. Pursuant to Section 6505.5 of the Act, the City
of La Verne Treasurer and Controller are hereby designated as the Treasurer
and Controller, respectively, of the Authority. The Treasurer shall be the
depository and have custody of all funds of the Authority. The Controller shall
assure that there shall be strict accountability of all funds and reporting of all
receipts and disbursements of the Authority. The Treasurer and Controller shall
have the duties and obligations set forth in Section 6505 and 6505.5 of the Act,
as those sections may be amended from time to time. To the extent permitted by
the Act, the Board of Directors may change the Treasurer and Controller of the
Authority to any person or entity that is authorized by the Act to occupy such
offices.
12.04 Compensation. With the exception of payments to the City of La Verne
for work performed by the Treasurer and Controller, per a written agreement
11
1-27-11 approved by the Board of Directors for financial services, there shall be no direct
compensation paid by the Authority to any individuals contributed by a Member
or Associate Member agency to serve in the capacity as an officer of the
Authority, such as the Executive Director, Treasurer, General Counsel, or any
other individuals who are employed by a Member or Associate Member agency
and contributed to the Authority under this Article 12. The Authority shall
consider the services of such personnel as part of a formula for the purpose of
the distribution of proceeds from asset forfeiture seizures as provided in Section
5.01(k) to the contributing Member or Associate Member, unless direct
reimbursement is otherwise authorized pursuant to Section 12.02 or Section
13.06 of this Agreement.
12.05 Personnel Contributed by Members. Participating personnel (both sworn
and non-sworn) assigned to the Authority by a Member or Associate Member
shall not be considered employees or contractors of the Authority for any
purpose. Such personnel shall during the period of assignment remain
employees of the assigning Members or Associate Members.
ARTICLE 13
BUDGET, OPERATING FUNDS, AND AUDITS
13.01 Annual Budget The Executive Director will prepare and submit to the
Board of Directors in sufficient time for revision and adoption prior to July 1 of
each year, the annual budget of the Authority for the next succeeding Fiscal
Year.
13.02 Disbursement of Funds. The Executive Director or his/her designee shall
cause to have warrants drawn for the payment of funds or disbursements and
such requisition for payment in accordance with rules, regulations, policies,
procedures, and by-laws adopted by the Board. The Executive Director may
apply for and receive and use credit cards for the sole purpose of conducting
Authority business in accordance with written rules and regulations adopted
pursuant to AB 1234.
13.03 Accounting. Al] funds received by the Authority shall be placed in the
custody of the Treasurer. These funds shall be given object accounts, and the
receipt, transfer, or disbursement of such funds during the term of this
Agreement shall be accounted for by the Controller in accordance with generally
accepted accounting principles applicable to governmental entities. There shall
be strict accountability of all funds by the Controller. All revenues and
expenditures shall be reported by the Controller to the Executive Committee on a
quarterly basis, unless otherwise required by the Board of Directors.
13.04 Approval of Expenditures. All expenditures within the approved budget
shall be made upon the approval of the Executive Director in accordance with the
rules, policies, and procedures adopted by the Board.
12
1-27-11 13.05 Records and Audit The Controller shall cause to be kept accurate and
correct books of account showing in detail all financial transactions of the
Members relating to the Authority, which books of account shall correctly show
any receipts and also any costs, expenses, or changes paid or to be paid to a
Member. Said books and records of the Authority in the hands of the Controller
shall be open to inspection at all times during normal business hours by any
representative of a Member, or by any accountant or other person authorized by
a Member to inspect said books of records. The Controller shall cause the books
of account and other financial records of Authority to be audited annually, or
biennially if so authorized by the Board of Directors, by an independent certified
public accountant and any cost of the audit shall be paid by the Authority. The
minimum requirements shall be those prescribed by the State Controller under
California Government Code section 26909 and in conformance with generally
accepted auditing standards. The annual audit, or biennial as the case may be,
shall be submitted to the Board of Directors and the Executive Committee when
completed.
13.06 Compensation of Contributed Personnel. All participating personnel
contributed and assigned to the Authority by a Member or Associate Member
shall have their salary, benefits, and overtime paid by the respective Member or
Associate Member. The Authority may, but is not obligated to, reimburse a
Member or Associate Member for the overtime of sworn personnel and/or for
salary, benefits and overtime of non-sworn personnel contributed for
administrative support as authorized by Section 5.01(i) and Section 12.02,
respectively and as approved by the Executive Director. It shall be the
responsibility of the Authority to institute an auditing system wherein the hours
worked by each individual will be documented and reported on a weekly basis,
listing case reference numbers for submission in a timely manner to the
individual's contributing agency.
ARTICLE 14
INDEMNIFICATION AND INSURANCES
14.01 Obligations of the Authority. The debts, liabilities and obligations of the
Authority ("Authority Obligations") shall be the debts, liabilities and obligations of
the Authority alone. The Authority Obligations shall not constitute debts, liabilities
and obligations of any individual Member, and the Members shall have no liability
therefore.
14_02 Contributed Member Employee& The Members acknowledge that each
Member may be contributing and assigning its own personnel to a cooperative
pool of personnel to provide service to the Authority. Each such contributing
Member shall be solely responsible for and retain all debts, liabilities, and other
obligations for all activities of its employees while acting in the course and scope
of their assignment to the Authority, and shall maintain sufficient insurance
13
1-27-11 coverage, as determined by the Member, in effect at all times to cover any such
claim, loss, liability, or obligation, or otherwise provide for payment of such
liability. Members may elect to self insure any insurance obligation under this
Agreement.
14,03 Member Indemnity for General Liability of Contributed Employee. Except
as provided in Section 18.05, each Member shall protect, defend, indemnify, and
hold free and harmless the Authority and the other Members, their respective
elected and appointed boards, officials, officers, agents, volunteers, and
employees from and against any and all liabilities, damages, loss, cost, claims,
expenses, actions, or proceedings of any kind or nature caused by a contributed
employee of the Member who is performing Authority law enforcement or support
functions, including, but not by way of limitation, injury or death of any person,
injury or damage to any property, including consequential damages and
attorney's fees and costs, resulting or arising out of or in any way connected with
the alleged willful or negligent acts or alleged failure to act in the course and
scope of carrying out their responsibilities in the performance of their duties to
the Authority and for which each Member shall maintain sufficient liability
coverage, pooled self-insurance coverage, or a program of self-insurance, which
Includes coverage for contractual promises to indemnify, in effect at all times as
determined by the Board of Directors, to cover any such damage claim, loss,
cost, expense, action, proceeding, liability, or obligation.
14.04 Member Indemnity for Workers Compensation Liability of Contributed
Employee. Each Member shall fully indemnify and hold harmless the Authority
and each other Member, its officers, employees and agents, from any claims,
losses, fines, expenses (including attorneys' fees and court costs or arbitration
costs), costs, damages or liabilities arising from or related to (1) any workers'
compensation claim or demand or other workers' compensation proceeding
arising from or related to, or claimed to arise from or relate to, employment which
is brought by an employee of the respective agency or any contract labor
provider retained by the law enforcement agency, or (2) any claim, demand, suit
or other proceeding arising from or related to, or claimed to arise from or relate
to, the status of employment (including without limitation, compensation,
demotion, promotion, discipline, termination, hiring, work assignment, transfer,
disability, leave or other such matters) which is brought by an employee of the
law enforcement agency or any contract labor provider retained by the law
enforcement agency.
14.05 Risk Management. The Authority shall employ the principles of sound risk
management in its operations. Risks of loss shall be identified, evaluated, and
treated in a manner that protects the Authority and each Member from adverse
financial consequences. This may be accomplished in part through the purchase
of appropriate commercial insurance. The Board of Directors may designate a
Risk Manager from one of the Members (the "Authority Risk Manager") who shall
act in an advisory capacity to the Board to provide guidance in the area of risk
14
1-27-11
I? management, loss control, insurance procurement, and claims management. The
Authority Risk Manager or his/her designee will be responsible for maintaining
the original insurance policies and other risk management and insurance
documents.
14.06 Authority Indemnity of Members. The Authority shall protect, defend,
indemnify, and hold free and harmless the Members, their respective elected and
appointed boards, officials, officers, agents, volunteers, and employees from and
against any and all liabilities, damages, loss, cost, claims, expenses, actions, or
proceedings of any kind or nature caused by staff employed by the Authority
hired pursuant to Section 12.02 including, but not by way of limitation, injury or
death of any person, injury or damage to any property, including consequential
damages and attorney's fees and costs, resulting or arising out of or in any way
connected with the alleged willful or negligent acts or alleged failure to act in the
course and scope of carrying out their responsibilities in the performance of their
duties to the Authority.
ARTICLE 15
MEMBER RESPONSIBILITIES
15.01 Each Member shall have the following responsibilities:
a) To appoint its Director, or alternate as may be allowed, to or
remove from the Board as set forth in Article 6.
b) To cOnsider proposed amendments to this Agreement as set forth
in Article 18.
c) To make contributions in the form of membership premiums,
assessments, and fees, if any, in accordance with the Bylaws and as determined
by the Board, for the purpose of defraying the costs of providing the annual
benefits accruing directly to each party from this Agreement. Any such
contributions are subject to approval by the governing bodies of Member
agencies from whom such contributions are sought.
d) To provide to the Authority such other information or assistance as
may be necessary for the Authority to carry out crime prevention programs as
determined by the Board.
ARTICLE 16
ADMISSION AND WITHDRAWAL OF PARTIES
16.01 Public agencies with law enforcement departments and federal and
California law enforcement agencies may become Members of the Authority
15
1-27-11 upon approval and execution of this Agreement and under such terms and
conditions as are determined by the Bylaws and upon approval of the Board.
16.02 The Executive Director shall file a notice of this Agreement within 30 days
of its effective date with the office of the California Secretary of State, as required
by Government Code Section 6503.5. Upon any change in membership, the
Executive Director/Secretary shall file a notice of such change of membership
within 10 days of its effective date with the Secretary of State and with the county
clerk of each county in which the Authority maintains an office, as required by
Government Code Section 53051.
16.03 Members may withdraw from the Authority in accordance with the
following procedures and conditions:
- a) A Member may withdraw as provided and in accordance with
Section 3.03 of this Agreement.
b) After the expiration of the period provided in Section 3.03, a
Member may withdraw as follows:
(1) Effective Date of Withdrawal for a Member or Associate
Member. Such withdrawal shall become effective sixty (60) days following the
giving of written notice of withdrawal of participation by any Member or Associate
Member agency to the Executive Director. This 60-day period will provide for the
timely transfer of assignments and the selection of replacement personnel.
2) Disposition of Assets Upon Withdrawal. Upon the withdrawal of
a Member or Associate Member, that agency will receive its allocation of assets,
including asset forfeiture funds, accrued until the date of withdrawal. Such
allocation shall be reduced by the amount of any delinquent fees or assessments
owed by the Member or Associate Member_
16.04 The Board of Directors may terminate membership of any Member or
Associate Member upon majority vote of the entire Board, upon the effective date
set by the Board.
ARTICLE 17
DISSOLUTION AND DISPOSITION OF ASSETS
17.01 Except as provided herein, the Members agree that all supplies and
equipment purchased by the Authority shall be owned and controlled by the
Authority as its sole and separate property and not as property of any Member.
17.02 The Authority shall continue to exist and exercise the powers herein until
the Authority is terminated and dissolved by a vote of two-thirds of the entire
Board of Directors; provided, however, that no such dissolution shall be complete
and final until the Authority has satisfactorily, disposed of all financial obligations
16
1-27-11
q and claims, distributed all assets, and performed all other functions deemed
necessary by the Board to conclude the affairs of the Authority.
17.03 Termination shall occur upon:
a) The written consent of two-thirds of the Board of Directors; and
b) Full satisfaction of all outstanding financial obligations of the
Authority; and
c) All other contractual obligations of the Authority have been
satisfied.
17.04 In the event of such termination of the Authority, any funds remaining
following the discharge, of all debts and obligations shall be disposed of by
distribution to each Member who is on the Board immediately prior to the
termination of the Authority, a share of such funds proportionate to the
contribution made to the Authority by the Member which have accrued during its
participation, to the extent determined by the Board in its sole discretion to be fair
and equitable and consistent to the distribution of assets as specified in the
Bylaws.
17.05 Notwithstanding any other provisions of the Agreement, the Members
agree to abide by the following procedure for selling of equipment in the event
the Agreement is terminated. The equipment shall be given a fair market value
by an appraiser agreed upon by the Board. Before the equipment is sold on the
open market, each Member shall have the right to purchase the equipment at a
price and under terms as agreed upon by the Board which may include a
financing arrangement for the purchaser to allow for a transition period after the
termination of this Agreement. If an agreement cannot be reached concerning a
purchase of the equipment, then it shall be sold on the open market. Proceeds
from the sale of equipment upon termination of the Agreement shall be
distributed to the Members in a manner consistent with the distribution of assets
as provided in the Bylaws, and any modifications to that formula adopted by the
Board.
ARTICLE 18
MISCELLANEOUS
18.01 Amendments.
This Agreement may be amended with the majority
approval of the Members; provided, however, that no amendment may be made
that would adversely affect the interests of the owners of bonds, letters of credit,
or other financial obligations of the Authority.
17
1-27-11 18.02 Notices. Any notice required or permitted to be made hereunder shall be
in writing and shall be delivered in the manner prescribed herein at the principal
place of business of each party. The party may give notice by:
Personal delivery;
E-mail;
U.S. Mail, first class postage prepaid;
Facsimile; or,
Any other method deemed appropriate by the Board
At any time, by providing written notice to the other parties to this Agreement,
any party may change the place, facsimile number or e-mail for giving notice. All
written notices or correspondence sent in the described manner will be deemed
given to a paition whichever date occurs earliest:
The date of personal delivery;
The fifth business day following deposit in the U.S. mail, when sent by "first
class mail; or,
The date of transmission, when sent by e-mail or facsimile.
18,03 Effective Date. This Agreement shall be effective at such time as provided
in Section 3.02.
18.04 Conflicts of Interest No official, officer or employee of the Authority or any
Member shall have any financial interest, direct or indirect, in the Authority. Nor
shall any such officer or employee participate in any decision relating to the
Authority that affects his or her financial interests or those of a corporation,
partnership, or association in which he or she is directly or indirectly interested, in
violation of any State law or regulation. The Authority shall be subject to a Los
Angeles County Conflict of Interest Code, as adopted by the Board of
Supervisors, and must comply with all filing and other requirements as set forth
therein and in State law.
18.05 Dispute Resolution and Arbitration. Disputes regarding the interpretation
or application of any provision of this Agreement shall first, to the extent
reasonably feasible, be resolved by and between any Members, or by and
between any such Member and the Authority, through consultation between the
parties. In the event the parties cannot resolve their dispute, then the Executive
Committee shall form a subcommittee of three non-interested, objective
Members of the Executive Committee who may resolve the dispute.
18
1-27-11 In the event the dispute cannot be resolved by the subcommittee of the
Executive Committee, as provided hereinabove, the parties to the dispute agree
to resolve the matter through non-binding mediation by a mediator to be mutually
selected by the disputing parties, unless the parties agree to a different process
for dispute resolution. Either Party may take other available legal actions only
after the procedures for alternative dispute resolution as specified in this Section
18.05 are complied with and completed.
18.06 Partial Invalidity. If any one or more of the terms, provisions, sections,
promises, covenants or conditions of this Agreement shall to any extent be
adjudged invalid, unenforceable or void for any reason whatsoever by a court of
competent jurisdiction, each and all of the remaining terms, provisions, sections,
promises, covenants and conditions of this Agreement shall not be affected
thereby and shall be valid and enforceable to the fullest extent permitted by law.
18.07 Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of the Members hereto.
18.08 Assignment. No Member may assign any right, claim or interest it may
have under this Agreement, and no creditor, assignee or third party beneficiary of
any Member shall have any right, claim, or title to any part, share, interest, fund
or asset of the Authority.
18.09 Governing Law. This Agreement is made and to be performed in the
County of Los Angeles, State of California, and as such California substantive
and procedural law shall apply.
18.10 Headings_ The section headings herein are for convenience only and are
not to be construed as modifying or governing the language of this Agreement.
18.11 Counterparts. This Agreement may be executed in counterparts.
18.12 Execution. The legislative body or governing body of each Member
enumerated herein have each authorized execution of this Agreement, as
evidenced by the authorized signatures below, respectively.
18.13 Entire Agreement. This Agreement, supersedes any and all other
agreements whether oral or written, between the parties hereto with respect to
the subject matter hereof and contains all of the covenants and agreements
between the parties with respect to said matter, and each party to this Agreement
acknowledges that no representations, inducements, promises, or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein, and that any other agreement or
modification of this Agreement shall be effective only if executed in writing and
signed by the Authority and all Members.
19
1-27-11 IN WITNESS WHEREOF, each Member has caused this Agreement to be
executed and attested by its proper officers thereunto duly authorized, its official
seals to be hereto affixed, as follows:
20
1-27-11 APPROVED AS TO FORM: ATTEST:
Carol A. Schwab
City Attorney
Martin R. Cole
City Clerk
CITY OF CULVER CITY Authorization
for Membership in the LOS ANGELES INTERAGENCY METROPOLITAN
POLICE APPREHENSION CRIME TASK FORCE
(L.A. IMPACT)
IN WITNESS WHEREOF, the City of Culver City, by Resolution of its City
Council, has caused this Joint Powers Agreement to be executed on its behalf by
the City Manager, and attested by the City Clerk, as of the date so executed
below.
City of Culver City, CALIFORNIA
Dated: 2/ 14hi
By:
John M. Nachbar
City Manager
21
1-27-11 . RESOLUTION NO. 2012-R
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3
CULVER CITY, CALIFORNIA, APPROVING AN
4
AMENDMENT TO THE LOS ANGELES INTERAGENCY
METROPOLITAN POLICE APPREHENSION CRIME TASK
5
FORCE JOINT POWERS AGREEMENT (JPA), AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
6
JPA AMENDMENT.
7
WHEREAS, on February 8, 2011, the Culver City City Council adopted
8
Resolution 2011-R006 approving Culver City's membership in the Los Angeles
9
10 Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT) Joint
11 Powers Authority and authorizing the City Manager to sign the L.A. IMPACT Joint Powers
12 Agreement; and,
13 WHEREAS, pursuant to Section 15.01(b) of the Joint Powers Agreement,
14 the Members have the responsibility to consider proposed Amendments; and
15
WHEREAS, pursuant to Section 18.01 of the Joint Powers Agreement, the
16
17 Agreement may be amended with the majority approval of the Members, exercised
18 through each Members' governing body; and
19 WHEREAS, a proposed Amendment to the Joint Powers Agreement has
20 been submitted to the Members for their approval.
21
Now, THEREFORE, the City Council of the City of Culver City, California,
22
DOES HEREBY RESOLVE as follows:
23
24
1. Pursuant to the City's authority under the Joint Exercise of Powers
25 Act in California Government Code ยง6500 et seq., and the provisions of the Los Angeles
26 Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT) Joint
27
28 17
18
MARTIN R. COLE
19 City Clerk
20
21
22
23
t.ek,
CAROL A. SCHWAB
City Attorney
1 Powers Agreement, the Proposed Amendment to the Joint Powers Agreement, attached
2 hereto as Exhibit A, is approved by the Culver City City Council.
3
2. The City Manager is authorized and directed to execute the
4 Amendment to the L.A. IMPACT Joint Powers Agreement to effectuate the intent of this
Resolution.
3. The Mayor, or presiding officer, is hereby authorized to affix his
signature to this Resolution signifying its adoption and the City Clerk, or his duly appointed
deputy is directed to attest thereto.
4. This Resolution is effective upon adoption.
APPROVED and ADOPTED this day of , 2012.
5
6
7
8
9
10
11
12
13
14
ANDREW WEISSMAN, Mayor
15
City of Culver City, California
16 ATTEST:
24
25
26
27
28
-2- AMENDMENT TO JOINT POWERS AGREEMENT
FOR
LOS ANGELES INTERAGENCY METROPOLITAN POLICE
APPREHENSION CRIME TASK FORCE
(LA. IMPACT)
This Amendment to the Los Angeles Interagency Metropolitan Police
Apprehension Crime Task Force (L.A. IMPACT) Joint Powers Agreement ("Agreement")
is made and entered into by and between those public agencies duly organized and
existing, which are parties signatory to the Agreement and listed on Exhibit A to the
Agreement.
RECITALS
WHEREAS, the Members have entered into the Agreement which formed the
public entity known as the Los Angeles Interagency Metropolitan Police Apprehension
Crime Task Force Authority (hereinafter the "Authority"); and
WHEREAS, Members of the Authority contribute their own personnel to a
cooperative pool of personnel to provide service to the Authority; and
WHEREAS, the Agreement provides that the state of California may join the
Authority as a Member; and
WHEREAS, Government Code section 6522 provides that the contracting
participation goals set out in the Military and Veterans Code section 999 et seq. are to
become part of any joint powers agreement entered into by the State of California; and
WHEREAS, the Members wish to amend the Agreement to include the state's
contracting participation goals.
WHEREAS, the Agreement provides in Sections 14.03 and 14.04 that each
Member will indemnify the Authority as well as other Members for the general liability
and worker's compensation liability caused by the Member's contributed personnel who
perform law enforcement or support functions; and
WHEREAS, the Agreement provides in Section 14.06 that the Authority will
indemnify the Members for the general liability caused by staff employed by the
Authority; and
WHEREAS, the Agreement also authorizes the Authority to enter into Associate
Member Agreements with any public agency upon the approval of the Board; and
WHEREAS, the Members wish to amend the Agreement to extend the
responsibility and indemnity provisions of Sections 14.03, 14.04 and 14.06 to Associate
Page 1 Members, provided that Associate Members agree to indemnify the Authority, its
Members, and its Associate Members in the same manner as Members under the
Agreement.
NOW THEREFORE, in consideration of the foregoing, the Members agree to
amend the Agreement as follows:
1. Section 5.01 paragraph (a) of Article 5 Powers shall be amended to read as
follows: a) To make and enter into, in its own behalf and not on behalf of the individual
Members, contracts consistent with this Agreement, including, but not limited to,
contracts to purchase/lease and/or dispose of supplies and equipment. The participation
goals specified in Article 6, of Chapter 6 of Division 4 of the Military and Veterans Code,
commencing with section 999, will apply to contracts executed by the Authority.
2. Section 4.02 Contents of Associate Membership Agreement shall be amended
by adding subsection "g" as follows:
g) Contain provisions to provide indemnity to the Authority, its Members, and
other Associate Members, such as is set forth in the Agreement sections 14.03,
14.04 and 14.06.
3. Section 14.03 Member Indemnity for General Liability of Contributed Employee
shall be amended to read as follows:
Member Indemnity for General Liability of Contributed Employee. Except as
provided in Section 18.05, each Member shall protect, defend, indemnify, and
hold free and harmless the Authority, the other Members and Associate
Members, and their respective elected and appointed boards, officials, officers,
agents, volunteers, and employees from and against any and all liabilities,
damages, loss, cost, claims, expenses, actions, or proceedings of any kind or
nature caused by a contributed employee of the Member who is performing
Authority law enforcement or support functions, including, but not by way of
limitation, injury or death of any person, injury or damage to any property,
including consequential damages and attorney's fees and costs, resulting or
arising out of or in any way connected with the alleged willful or negligent acts or
alleged failure to act in the course and scope of carrying out their responsibilities
in the performance of their duties to the Authority and for which each Member
shall maintain sufficient liability coverage, pooled self-insurance coverage, or a
program of self-insurance, which includes coverage for contractual promises to
indemnify, in effect at all times as determined by the Board of Directors, to cover
any such damage claim, loss, cost, expense, action, proceeding, liability, or
obligation.
4. Section 14.04 Member Indemnity for Workers Compensation Liability of
Contributed Employee shall be amended to read as follows:
Page 2 Member Indemnity for Workers Compensation Liability of Contributed Employee.
Each Member shall fully indemnify and hold harmless the Authority, the other
Members and Associate Members, and their respective officers, employees
and agents, from any claims, losses, fines, expenses (including attorneys' fees
and court costs or arbitration costs), costs, damages or liabilities arising from or
related to (1) any workers' compensation claim or demand or other workers'
compensation proceeding arising from or related to, or claimed to arise from or
relate to, employment which is brought by an employee of the respective agency
or any contract labor provider retained by the law enforcement agency, or (2) any
claim, demand, suit or other proceeding arising from or related to, or claimed to
arise from or relate to, the status of employment (including without limitation,
compensation, demotion, promotion, discipline, termination, hiring, work
assignment, transfer, disability, leave or other such matters) which is brought by
an employee of the law enforcement agency or any contract labor provider
retained by the law enforcement agency.
5. Section 14.06 Authority Indemnity of Members shall be amended to read as
follows:
Authority Indemnity of Members. The Authority shall protect, defend, indemnify,
and hold free and harmless the Members and Associate Members, their
respective elected and appointed boards, officials, officers, agents, volunteers,
and employees from and against any and all liabilities, damages, loss, cost,
claims, expenses, actions, or proceedings of any kind or nature caused by staff
employed by the Authority hired pursuant to Section 12.02 including, but not by
way of limitation, injury or death of any person, injury or damage to any property,
including consequential damages and attorney's fees and costs, resulting or
arising out of or in any way connected with the alleged willful or negligent acts or
alleged failure to act in the course and scope of carrying out their responsibilities
in the performance of their duties to the Authority.
6. All terms and conditions set forth in this Amendment are incorporated by this
reference into the Agreement. This Amendment modifies the Agreement only as
expressly set forth above. This Amendment does not modify, alter or amend the
Agreement in any other way whatsoever. Except as expressly set forth herein, all terms
and conditions of the Agreement shall remain in full force and effect.
7. This Amendment shall be effective upon the approval by a majority of the
Members of the Authority. This Amendment may be signed in counterparts.
IN WITNESS WHEREOF, each Member has caused this Amendment to be executed
and attested by its proper officers thereunto duly authorized, its official seals to be
hereto affixed, as follows:
Page 3 CITY OF CULVER CITY Authorization
For Amendment to the LOS ANGELES INTERAGENCY METROPOLITAN POLICE
APPREHENSION CRIME TASK FORCE (L.A. IMPACT)
JOINT POWERS AGREEMENT
IN WITNESS WHEREOF, the City of Culver City, by Resolution of its City Council, has
caused this Amendment to be executed on its behalf by the City Manager, and attested
by the City Clerk, as of the date so executed below.
City of Culver City, CALIFORNIA
Dated:
By:
John M. Nachbar
City Manager
ATTEST:
Martin R. Cole
City Clerk
APPROVED AS TO FORM:
Carol A. Schwab
City Attorney
Page 4