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Home My WebLink AboutAGMT - Anaheim, City of (Avoid the 26 2012-2013) 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 # AL1325 ., This MEMORANDUM OF UNDERSTANDING, entered into this 22 nd day of G el"°O'er , 2012, is by and between the CITY OF ANAHEIM ("ANAHEIM") and the Seal Beach Police Department.("Law Enforcement Agency"). WHEREAS, ANAHEIM was selected as the host agency for the 2012- 2013 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, Law Enforcement Agency 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 LAW ENFORCEMENT AGENCY Law Enforcement Agency 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, 2012, through September 30, 2013. Law Enforcement Agency commits to participate in the Avoid the 26 Campaign as staffing levels allow and to encourage officers to emphasize DUI enforcement during all phases of the Campaign. 2. TERM The term of this Memorandum of Understanding shall be from October 1, 2012, through September 30, 2013. 3. PAYMENT a. Rate of Payment. ANAHEIM shall reimburse Law Enforcement Agency 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 Law Enforcement Agency shall include the following information: i. the dates and number of hours worked, ii. each officer's name and overtime salary rate, to be one and one half(11/2) times the officer's 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 4, Statistical Reporting, below. c. Time Limit for Submitting Invoices. ANAHEIM shall not be obligated to pay Law Enforcement Agency for the services covered by any invoice if Law Enforcement Agency presents the invoice to ANAHEIM more than forty-five (45) days after the date Law Enforcement Agency renders the services, or more than forty-five days (45) after this Memorandum of Understanding terminates, whichever is earlier. 4. STATISTICAL REPORTING Law Enforcement Agency 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, Law Enforcement Agency must collect and report the total number of the following that are applicable: a. vehicles passing through checkpoint/vehicle stops, b. drivers contacted, c. field sobriety tests administered, d. DUI alcohol arrests, e. DUI drug arrests, f. drug arrests, g. criminal arrests, 2 h. recovered stolen vehicles, i. suspended/revoked driver's licenses, • 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 Law Enforcement Agency for enforcement services provided by Law Enforcement Agency pursuant to this Memorandum of Understanding. 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. La w Enforcement Agency 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 made, whichever is longer. 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 made, whichever is longer. 3 8. COMPLIANCE WITH APPLICABLE LAW All services to be performed by Law Enforcement Agency pursuant to this Memorandum of Understanding shall be performed in accordance with all applicable Federal, State, County and Municipal laws, ordinances and regulations. 9. TERMINATION OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding may be terminated by ANAHEIM or Law Enforcement Agency 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 Memorandum of Understanding, 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 its negligence (including that of its respective officials, officers, employees, agents, successors and assigns). The Parties agree that the contribution provided by Government Code Section 895.6 shall not apply. 11. WORKERS' COMPENSATION AND OTHER BENEFITS. Each party shall be responsible for obtaining the workers' compensation coverage and benefits for its own employees participating in the Avoid the 26 Campaign and each shall indemnify and hold the other party harmless against 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 the Campaign. To the maximum extent permitted by law, each of the Parties agrees that the other party shall not be considered a "third party" 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' employees. 4 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 0a A.EIM PO IC •IEEFF Vi2 By: O/ �1�Ch ief of Police "ANAHEIM" APPRO ED AS TO FORM: e_— as II or.,,,An. ir Attorney I►.te: 9/7 [/l ,N_ DATE OF EXECUTION: ( , 1 o)aa) la- By: `� , // Printed Name: 3 I LL QS — \t'4 6 Title: J "or_ "Law Enforcement Agency " APPROVED AS TO FORM:61-4/1 ---- er City Attorney By: a U-1 IA let it• f3 b-rn W Date: ° 1 9"9* l 1J' 5