HomeMy WebLinkAboutCC AG PKT 2010-10-25 #M AGENDA STAFF REPORT
Date: October 25, 2010
TO: Honorable Mayor and City Council
Thru: David Carmany, City Manager
FROM: Jeff Kirkpatrick, Chief of Police
SUBJECT: AVOID THE 26 - DUI ENFORCEMENT GRANT
SUMMARY OF REQUEST:
The proposed City Council action will adopt a resolution allowing the City of Seal
Beach to enter into a Memorandum of Understanding with the State of California
and to indicate an understanding that the City of Anaheim will serve as the
applicant/fiscal agent for the AVOID the 26 DUI Enforcement Grant through
which the City of Seal Beach is eligible to receive funds.
BACKGROUND:
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. There is $234,000 available to conduct a series of
"Best- Practices" DUI Enforcement events. These events will include 109
Saturation Patrols, 13 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 in the City of Seal Beach. The AVOID the 26 DUI Enforcement
Grant provided approximately 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.
Agenda Item M
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FISCAL IMPACT:
None. The City may receive reimbursement up to $1,032 per saturation patrol as
designated throughout the year.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 6073 allowing the City
Manager to execute and sign the 2010 AVOID the 26 DUI Enforcement Grant
Memorandum of Understanding.
SUBMITTED BY: NOTED AND APPROVED:
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. eff) i pa rick, Chief e" ' olice D. vid Carmany, a Manager
Prepared by: Sgt. Steve Bowles
Attachments: .
A. Resolution No. 6073
B. MOU - City of Anaheim and the City of Seal Beach
RESOLUTION NUMBER 6073
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 is authorized, on its behalf to submit the proposal to the City of Anaheim and
is authorized to execute the contract on behalf of the City Council, including any
extensions or amendments thereof and any subsequent contract with the State in
relation thereto.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of October , 2010 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
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Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6073 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 25th day of October , 2010.
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
This MEMORANDUM OF UNDERSTANDING, entered into this
day of , 2010, 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 2010-
2011 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
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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, 2010, through September 30, 2011. 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, 2010,
through September 30, 2011.
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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.
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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,
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 paid with Avoid the 26 Campaign funds. For each
checkpoint, LEA must collect and report the total number of the
following:
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, and
k. vehicles impounded.
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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
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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 OF AN EIM POLICE CHIEF
/ft' By; I % i t'�-�C . 4 .
Chief of Police
"ANAHEIM"
APPROVED AS TO FORM:
Anaheim City Attorney
Date:
DATE OF EXECUTION:
By:
Printed Name:
Title:
"LEA"
APPROVED AS TO FORM:
City Attorney
By:
Date:
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