HomeMy WebLinkAboutE-05 Staff Report - UPDATED TRAP MOUCONSENT ITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: STEPHAN HUNT, CHIEF OF POLICE
DATE: JUNE 17, 2019
SUBJECT: APPROVAL OF UPDATED MOU AGREEMENT BETWEEN THE CITY AND
TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION.
BACKGROUND:
On July 18, 2016 a Memorandum of Understanding (MOU) between the Taskforce for Regional Auto
theft Prevention (TRAP), hosted by the Los Angeles County Sheriff’s Department and the City of Azusa
was approved and signed by Azusa City Council. Since then, the County and TRAP have revised the
MOU, which now requires an approval of the updated MOU by the City Council.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1)Approve the Updated Memorandum of Understanding (MOU) between the Los Angeles
County Sheriff’s Department, Taskforce for Regional Auto theft Prevention (TRAP) and the
City of Azusa to continue participation in TRAP.
2)Authorize the City Manager to execute, in a form acceptable to the City Attorney, the MOU
on behalf of the City.
ANALYSIS:
On July 18, 2016 the TRAP MOU was approved by the Azusa City Council and signed, allowing Azusa
Police Department participation in the taskforce. On January 17, 2017, the Police Department assigned
a detective to the taskforce after a selection process. Recently, the County of Los Angeles contacted the
Azusa Police Department and has requested the current MOU be replaced with a revised MOU adding
updated language and a new signature with the new Sheriff, Alex Villanueva. Additionally, the previous
MOU was a three-year term, however this current MOU shall continue until terminated by the
participating agency.
APPROVED
CITY COUNCIL
6/17/2019
Staff Report Name
Meeting Date
Page 2
The Agreement has been approved as to form by the City Attorney; however, it should be noted that the
City preferred specific language in the TRAP MOU; however, the County would not incorporate the
requested language. Both the City Attorney’s suggested/preferred language and the County language in
the MOU are listed below:
Current wording of the TRAP MOU
Each participating agency shall indemnify, defend, and hold harmless each and every other
participating agency from and against any and all liability, including, but not limited to demands,
claims, actions, fees, costs, and expenses (including attorney’s fees and expert witness fees),
arising from or connected with the indemnifying participating agency’s acts and/or omissions,
including the acts and omissions of the indemnifying participating agency’s employees assigned
to TRAP, arising from and/or relating to this MOU.
Preferred wording
Each participating agency shall protect, defend, indemnify, and hold free and harmless every
other participating agency, 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 (including attorney’s fees and
expert witness fees), arising from or connected with the indemnifying participating agency’s acts
and/or omissions, including the acts and omissions of the indemnifying participating agency’s
employees assigned to TRAP, arising from and/or relating to this MOU 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.
It should be noted the County of Los Angeles requested the language remain as stated in the updated
TRAP MOU and decided to not include the City Attorney’s suggested language. The updated TRAP
MOU will supersede the existing MOU once signed.
FISCAL IMPACT:
There is no fiscal impact, as this just an update to an existing MOU already approved by the Azusa City
Council.
Prepared by: Reviewed and Approved:
Chris Grant Sergio Gonzalez
Police Captain City Manager
Attachment:
1) Memorandum of Understanding For Taskforce for Regional Autotheft Prevention
Attachment 1