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Home My WebLink AboutFY 2012-2013 Memorandum of Understanding with host agency Ci Council/Agency Meeting Held: D Deferred/Continued to: App ve ❑ Conditionally Approved ❑ Denied Cit erk' ignat e Council Meeting Date: October 15, 2012 Department ID Number: PD-12-015 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 (MOU) with the City of Anaheim, related to the "Avoid the 26" DUI grant FY2012-13 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: Grant funds not anticipated in the original FY 2012-13 city budgets, estimated to be $5,000 will be fully reimbursed by the grant from the Office of Traffic Safety. No other matching or in-kind city funds are required for this grant. A new fund will be established for this funding. Recommended Action: Motion to: A) 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;" and, B) Approve the appropriation and expenditure up to $5,000 to be fully reimbursed by the grant from the Office of Traffic Safety. Alternative Action(s): Do not approve and direct staff accordingly. HB -163- Item 10. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: PD-12-015 Analysis: The State of California, Office of Traffic Safety (OTS), has selected the City of Anaheim as the host agency for the 2012-2013 "Avoid the 26" campaign, grant # AL1325. This is a regional campaign to assist with DUI enforcement in Orange County. 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 2011-2012, The City of Huntington Beach participated in the "Avoid the 26" campaign. The terms and conditions require the City of Anaheim to enter into Memorandums of Understanding with the law enforcement agencies who participate in this project. The term of this agreement shall be from October 1, 2012, through September 30, 2013. 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. Environmental Status: Not Applicable Strategic Plan Goal: Maintain public safety Attachment(s): "Memorandum of Understanding Relating to "Avoid the 26" Driving Under The Influence Campaign Project for Orange County" Item 10. - 2 xB -1 s4- 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 GRANT # AL1325 This MEMORANDUM OF UNDERSTANDING, entered into this day of �� , 2012, is by and between the CITY OF ANAHEIM ("ANAHEIM") and the Huntington 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(1'/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. Law 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 OF NA EIM POLICE CHIEF By: Chief of Police "ANAHEIM" APPROVED AS TO FORM: An die 71 t/i y Attorney V Date: -E 6 7 �/Z DATE OF EXECUTION: 0c; c-20 By: Printed Name: /2 y (j Lr Title: CA,l i41' A4C-/� "Law Enforcement Agency " APPROVED AS TO FORM: --City Attorney WooZ— By: NA) Mz ssgAjj-O Date: q 5