CONTRACT 4135A AmendmentA
AMENDMENT TO JOINT POWERS AGREEMENT
FOR
LOS ANGELES INTERAGENCY METROPOLITAN POLICE
APPREHENSION CRIME TASK FORCE
(L.A. 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 Milita and Veterans Code,
commencing with section 999 will apply to contracts executed by the Authorit
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
5
Member Indemni for Workers Compensation Liabilily of Contributed Em to ee.
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
4 f :jr 5 A" ,
L� 1
CITY OF EL SEGUNDO 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 El Segundo, 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.
ATTEST:
Page 4