HomeMy WebLinkAboutCC AG PKT 2011-11-14 #GAGENDA STAFF REPORT
DATE: November 14, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Robert M. Luman, Chief of Police
SUBJECT: "AVOID THE 26" - DUI ENFORCEMENT GRANT
SUMMARY OF REQUEST:
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That the City Council adopt Resolution No. 6201 directing the City Manager to
enter into a Memorandum of Understanding with the State of California under
which the City of Anaheim will serve as the applicant/fiscal agent for the "AVOID
the 26" DUI Enforcement Grant thru which the City of Seal Beach is eligible to
receive funds.
BACKGROUND AND ANALYSIS:
The "AVOID the 26" DUI Enforcement Grant is a multi- agency grant managed by
the Anaheim Police Department. An MOU is on file between the Anaheim Police
Department and the 25 other law enforcement agencies in Orange County
participating in this grant. This grant funds a series of "Best- Practices" DUI
Enforcement events. These events will include Saturation Patrols, DUI /CDL
Checkpoints as well as multi- agency task forces. Contract law enforcement
agencies file reimbursement forms with the Anaheim Police Department for
reimbursement for each event. Each agency must comply with the requirement
to supply the managing agency the statistics required for the grant.
The "AVOID the 26" DUI Enforcement Grant has covered the costs of numerous
saturation patrols and DUI checkpoints in the City of Seal Beach. The "AVOID
the 26" DUI Enforcement Grant has funded approximately TEN (10) additional
motorcycle officers and (4) additional uniformed police personnel on St. Patrick's
Day. The "AVOID the 26" DUI Enforcement Grant also allows for specific
saturation patrols during key holiday enforcement / mobilization periods namely
New Years Eve, Memorial Day, Super Bowl Sunday and Labor Day.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
Agenda Item G
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no Financial Impact. The City will receive reimbursement up to $1200
per saturation patrol as designated throughout the year and up to $7920 per DUI
checkpoint.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 6201 directing the
City Manager to execute and sign the 2012 "AVOID the 26" DUI Enforcement
Grant Memorandum of Understanding.
SUBMITTED BY:
Robert M. Luman, Chief of Police
NOTED AND APPROVED:
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Prepared by: Stephen Bowles, Sergeant
Attachments:
A. Resolution Number 6201
B. MOU - City of Anaheim and the City of Seal Beach
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RESOLUTION NUMBER 6201
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING CALIFORNIA OFFICE OF TRAFFIC SAFETY
"AVOID THE 26" DRIVING UNDER THE INFLUENCE
CAMPAIGN PROJECT PROGRAM MONIES VIA THE CITY OF
ANAHEIM
WHEREAS, the City of Seal Beach desires to undertake a multi jurisdictional
program to be funded in total from funds made available through the City of
Anaheim with Primary Funding from the California Office of Traffic Safety.
NOW, THEREFORE, BE IT RESOLVED the City Manager of the City of Seal
Beach are authorized, on its behalf to submit the attached proposal to the City of
Anaheim and are authorized to execute on behalf of the City Council the attached
contract, including any extensions or amendments thereof and any subsequent
contract with the State in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract,
including civil court actions for damages, shall be the responsibility of the grant
recipient and the authorizing agency. The State of California and the City of
Anaheim disclaims responsibility for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be
used to supplant expenditures controlled by this body.
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of November 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6201 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 14th day of November , 2011.
City Clerk
MEMORANDUM OF UNDERSTANDING
RELATING TO AVOID THE 26 — DRIVING UNDER THE INFLUENCE
CAMPAIGN PROJECT FOR ORANGE COUNTY
FUNDED BY THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY
GRANT # 20656
This MEMORANDUM OF UNDERSTANDING, entered into this 14 th
day of November 2011, is by and between the CITY OF ANAHEIM
( "ANAHEIM ") and the CITY OF SEAL BEACH ( "LEA ").
WHEREAS, ANAHEIM was selected as the host agency for the 2011-
2012 Avoid the 26 — Driving Under the Influence Campaign Project for Orange County
(the "Avoid the 26 Campaign ") funded by a grant awarded by and through the State of
California Office of Traffic Safety ( "OTS "); and
WHEREAS, as host agency, ANAHEIM is required, under the terms and
conditions of the Avoid the 26 Campaign Grant (the "Grant ") to enter into a
Memorandum of Understanding with each participating law enforcement agency that will
be performing enforcement services in an effort to reduce alcohol - involved fatalities and
injuries and raise general public awareness regarding the problems associated with
drinking and driving; and
WHEREAS, LEA is a participating law enforcement agency in the Project
and desires to provide enforcement services in accordance with the terms and conditions
set forth in this Memorandum of Understanding.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES TO
THIS MEMORANDUM OF UNDERSTANDING AS FOLLOWS:
1. SERVICES TO BE PERFORMED BY LEA
LEA shall provide DUI enforcement staff on an overtime basis as staffing levels
allow for the "Avoid the 26 Campaign" during the holiday enforcement period of
October 1, 2011, through September 30, 2012. LEA commits to participate in the
Avoid the 26 Campaign as staffing levels allow and to encourage officers to
emphasize DUI enforcement during all phases thereof.
2. TERM
The term of this Memorandum of Understanding shall be from October 1, 2011,
through September 30, 2012.
3. PAYMENT
a. Rate of Payment. LEA shall receive reimbursement from ANAHEIM
based on actual staff hours worked on DUI enforcement for the
"Avoid the 26 Campaign," as invoiced in accordance with Paragraph
B, Invoice Requirements below, during the "Avoid the 26"
enforcement period.
b. Invoice Requirements. Invoices submitted by LEA shall include the
following information:
i. the dates and number of hours worked,
ii. the officer's name and overtime salary rate, to be one and one
half times the officers rate of pay, not including benefits,
iii. the total dollars requested for overtime reimbursement, and
iv. the statistics required by OTS as outlined in Paragraph 3,
Statistical Reporting, below.
c. Time Limit for Submitting Invoices. ANAHEIM shall not be
obligated to pay LEA for the services covered by any invoice if LEA
presents the invoice to ANAHEIM more than forty -five (45) days after
the date LEA renders the services, or more than forty -five days (45)
after this Memorandum of Understanding terminates, whichever is
earlier.
4. STATISTICAL REPORTING
LEA shall collect and report to ANAHEIM the number of DUI
Checkpoints or Saturation Patrols paid with Avoid the 26 Campaign
funds. For each checkpoint or patrol, LEA must collect and report the
total number of the following that are applicable:
a. vehicles passing through checkpoint,
b. vehicles /drivers screened,
c. field sobriety tests conducted,
d. DUI arrests,
e. drug arrests,
f. criminal arrests,
g. unlicensed drivers
h. suspended licenses,
i. citations issued,
j. recovered stolen vehicles,
k. vehicles impounded, and
1. vehicles stopped.
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5. AVAILABILITY OF FUNDS
Payment of all services provided pursuant to this Memorandum of
Understanding is contingent upon OTS funding the "Avoid the 26
Campaign" Grant through ANAHEIM. In the event that OTS does not
fund the Grant, ANAHEIM shall not be liable for any payment to LEA for
enforcement services provided by LEA pursuant to this Memorandum of
Understanding whatsoever. ANAHEIM may terminate this Memorandum
of Understanding in accordance with the provisions of Paragraph 9 below
for unavailability of OTS funds.
6. ALTERATION OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding constitutes the entire agreement
between the parties with respect to the subject matter hereof, and
supersedes all oral or written representations or written agreements which
may have been entered into between the parties. No modification or
revision shall be of any force or effect, unless the same is in writing and
executed by the parties hereto.
7. RECORDS
A. Access. LEA agrees to provide to ANAHEIM, to any Federal or
State department having monitoring or reviewing authority, to
authorized representatives and/or their appropriate audit agencies
upon reasonable notice, access to and the right to examine and
audit all records and documents necessary to determine compliance
with relevant Federal, State and local statutes, rules and regulations
and this Memorandum of Understanding, and to evaluate the
quality, appropriateness and timeliness of services performed, for a
period of at least three (3) years from the termination date of this
Memorandum of Understanding, or until audit findings- are
resolved, whichever is greater.
B. Retention. ANAHEIM shall maintain and preserve in its
possession all records relating to this Memorandum of
Understanding for a period of at least three (3) years from the
termination date of this Memorandum of Understanding, or until
audit findings are resolved, whichever is greater.
8. COMPLIANCE WITH APPLICABLE LAW
All services to be performed by LEA pursuant to this Memorandum of
Understanding shall be performed in accordance with all applicable Federal,
State, County and Municipal laws, ordinances and regulations.
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9. TERMINATION OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding may be terminated by ANAHEIM or LEA
at any time upon seven (7) days written notice to the other party.
10. CIVIL LIABILITY AND INDEMNIFICATION.
In contemplation of the provisions of Section 895.2 of the Government Code
imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Section 895 of the
Government Code, the Parties hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of the Government Code, agree that each party shall be
liable for any damages including, but not limited to, claims, fees, and costs
resulting from the negligent or wrongful acts or omissions of their employees or
agents in the performance of this Agreement, and each party shall indemnify,
defend and hold harmless the other party from any such judgment(s), claim(s),
demand(s), damage(s), loss(es), liability(ies), cost(s) and expense(s) including
reasonable attorneys' fees, for their negligence (including that of the respective
officials, officers, employees, agents, successors and assigns). The Parties agree
that the contribution as provided by Government Code Section 895.6 shall not
apply.
11. WORKERS' COMPENSATION AND OTHER BENEFITS
Each party shall be responsible for the workers' compensation coverage and
benefits for its own employees participating in this agreement and each shall
indemnify and hold the other party harmless for any claims for such coverage or
benefits as well as for other benefits, which may be claimed by an employee by
virtue of participating in the activities described in this agreement. To the
maximum extent permitted by law, the Parties agree that the other party shall not
be considered "third parties" for purposes of imposing workers' compensation
liability on any party except the entity employing an employee who may be
injured during any joint action of the Parties' trained or designated employees.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have caused this Memorandum of
Understanding to be executed on the date dates hereinafter respectively set forth.
DATE OF EXECUTION:
CITY O ANAHEIM POLICE CHIEF
By:
Chief of Police
"ANAHEIM"
APPROVED AS TO FORM:
Anaheim City Attorney
Date:
DATE OF EXECUTION:
APPROVED AS TO FORM:
City Attorney
By:
Date:
By:
Printed Name:
Title:
"LEA"
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