HomeMy WebLinkAboutCity of Anaheim Police Department - 2011-12-19Council/Agency Meeting Held: 11_
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
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Council Meeting Date: December 19, 2011
Department ID Number: PD 11-022
CITY OF HUNTINGTON REACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Approve and authorize the Chief of Police to execute a one year
Memorandum of Understanding with the City of Anaheim, related to
the "Avoid the 26" DUI Grant.
Statement of Issue: The City of Huntington Beach 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 for Orange County.
Financial Impact: No funds are required.
Recommended Action: Motion to:
Approve and authorize the Chief of Police to execute 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 approve and direct staff accordingly.
Analysis: The State of California Office of Traffic Safety (OTS) has selected the City of
Anaheim as the host agency for the 2011-2012 "Avoid the 26" campaign, grant # 20656.
This is a regional campaign to assist with DUI enforcement in Orange County. Anaheim .is
responsible for managing the money and scheduling the various enforcement activities
approved under the grant. This grant is funded by OTS to reduce alcohol -involved fatalities
and injuries, as well as raise the general public's awareness of the problems associated with
drinking and driving. In 2010-2011, The City of Huntington Beach participated in five (5)
"Avoid the 26" campaign events. These enforcement activities included Saturation Details
scheduled during the US Open Surf Contest. The City received $4,747.37 in total
reimbursement from the 2010-2011 grant. It is anticipated we will receive similar
reimbursement from the 2011-2012 `Avoid the 26" grant program.
The terms and conditions require the City of Anaheim to enter into new Memorandums of
Understanding with the law enforcement agencies who participate in this project. The term of
this agreement shall be from October 1, 2011, through September 30, 2012.
Upon acceptance of this MOU agreement, the City of Anaheim will reimburse the City of
Huntington Beach for officer(s) overtime costs, which are incurred while assigned specifically
to work DUI enforcement for the "Avoid the 26" campaign.
HB -379- Item 17. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 12/1912011. DEPARTMENT ID NUMBER: PD 11-022
Environmental Status: Not applicable
Strategic Plan Goal: Maintain and Enhance Public Safety
Attachment(s):
i. IMemorandum of Understanding between Huntington Beach and Anaheim for the
"Avoid the 26" campaian.
Item 17. - 2 HB -380-
I
MEMORANDUM OF UNIDERSTANIDING
RELATING TO AVOIID 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
day ofCGf_ 2011, 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 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:
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, 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.
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]
L!
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
Date:
DATE OF EXECUTION:
APPROVED AS TO FORM:
CITY OF NAHEIM POLICE CHIEF
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Chief of Police u
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City "Attorney
Date: �) • /
"ANAHEIM"
By:
Printed Name: bnnel� (4) 5&411
Title: 44 a7c &Z 4' -P,
"LEA"
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City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
.)roan L. Flynn, City Clerk
December 22, 2011
Sgt. Mike Foster
Anaheim Traffic Bureau
425 S. Harbor Blvd.
Anaheim, CA 92805
Dear Sgt. Foster:
Enclosed for your records is a copy the "Memorandum of Understanding Relating to Avoid
the 26 — Driving Under the Influence Campaign Project for Orange County."
Sincerely,
•' P � w
Joan L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure: MOU
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