HomeMy WebLinkAboutCity of Anaheim - 2010-12-20rj/9L.t
Council/Agency Meeting Held: D O
Deferred/Continued to:
)iAp ov d Z ❑ Denied
Ci erk' ignatur
Council Meeting Date: December 20, 2010
Department ID Number: PD 10-016
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL. ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Authorize a Memorandum of Understanding between the City of
Anaheim and the City of Huntington Beach to participate in the Driving
Under the Influence Campaign Project for Orange County, "Avoid the
26.".
Statement of Issue: The City is required to enter into a Memorandum of Understanding
with the grant's host agency, City of Anaheim, to participate in the Driving Under the
Influence Campaign Project for Orange County, "Avoid the 26."
Financial Impact: No funds are required.
Recommended Action: Motion to:
Approve a one year agreement with the City of Anaheim by entering into the "Memorandum
of Understanding relating to Avoid the 26 - Driving Under the Influence Campaign Project for
Orange County".
Alternative Action(s): Do not authorize agreement and direct staff to proceed differently.
HB -145- Item 6. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 12/20/2010 DEPARTMENT ID NUMBER: PD 10-016
Analysis: The State of California, Office of Traffic Safety, has selected the City of
Anaheim as the host agency for the 2010-2011 Regional DUI effort in Orange County
known as "Avoid the 26." This grant is funded by the Office of Traffic Safety to reduce
alcohol -involved fatalities and injuries and raise general public awareness regarding the
problems associated with drinking and driving. In 2008, the City of Huntington Beach
participated in similar regional project. That effort was known as "Avoid the 28."
The terms and conditions require the City of Anaheim to enter into Memorandums of
Understanding with law enforcement agencies who participate in this project. The term of
this Memorandum of Understanding shall be from October 1, 2010, through September 30,
2011.
Upon acceptance of this MOU agreement, the City of Anaheim will reimburse the City of
Huntington Beach for officer(s) salaries that will be assigned specifically to work DUI
enforcement for the "Avoid the 26" Campaign.
Environmental Status: Not applicable
Strategic Plan Goal: Maintain and Enhance Public Safety
Attachment(s):
1. Memorandum of Understanding relating to Avoid the 26 - Driving
Under the Influence Campaign Proiect for Oranae Countv
Item 6. - 2 HB -146-
ATTACHMENT
#1
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 bE"C& 2010, is by and between the CITY OF ANAHEIM
("ANAHEIM") and the CITY OF HUNTINGTON 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
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.
3.
4.
PAYMENT
a. Rate of Pavment. 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,
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.
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.
2
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.
3
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]
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:
APPROVED AS TO FORM:
Anaheim City Attorney
CITY OF ANAHEIM PO ICE CHIEF
By /_4��t
Chief of Police
Date:
DATE OF EXECUTION: ,
December 20. 2010 By:
Printed Name: Ken Small
Title: /with/ P/-
"LEA"
APPROVED AS TO FORM:
/ 1
ity Attorney .olt%1%0
By: Jennifer McGrath
D• December 12010
City ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
OFFICE OF THE CITY CLERIC
JOAN L. FLYNN
CITY CLERK
January 5, 2011
Sgt. Mike Foster
Anaheim Traffic Bureau
425 S. Harbor Blvd.
Anaheim, CA 92805
Dear Sgt. Foster:
Enclosed please find the original, executed "Memorandum of Understanding Relating to
Avoid the 26 — Driving Under the Influence Campaign Project for Orange County."
Upon execution by the County, please return a complete copy to:
Joan L. Flynn
City Clerk
2000 Main Street
Huntington Beach CA 92648
Feel free to contact me if there are any questions or concerns at (714) 536-5404.
Thank you very much for your assistance.
Sincerely,
an L. Flynn, CMC
City Clerk
JF-.pe
Enclosures
G:fo11owup:agrmt1tr
Sister Cities: Anio, Japan ® Waitakere, New Zealand
1 Telephone: 714-536-5227 )
Esparza, Patty
From:
Warden, Rob
Sent:
Tuesday, January 04, 2011 4:52 PM
To:
Esparza, Patty
Subject:
Avoid the 26 MOU
Patty here is the requested name and address for the MOO.
Sgt. Mike Foster
Anaheim Traffic Bureau
425 S. Harbor Blvd.
Anaheim, CA 92805