CITY COUNCIL AGENDA REPORT. DEPARTMENT: Police MEETING DATE: November 5, 2013

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1 CITY COUNCIL AGENDA REPORT DEPARTMENT: Police MEETING DATE: November 5, 2013 PREPARED BY: Jim Hunt, Chief of Police AGENDA LOCATION: CC-3 TITLE: Restated Participation Agreement with the Glendora Police Department Related to the Los Angeles County Avoid the 100 Driving Under the Influence (DUI) Task Force for the Period October 1, 2013, through September 30, 2016 OBJECTIVE: To approve a restated agreement with the Glendora Police Department related to participation in the Avoid the 100 DUI Task Force for the Period October 1, 2013, through September 30, BACKGROUND: The Glendora Police Department coordinates a regional grant from the Office of Traffic Safety (OTS) provided to the East San Gabriel Valley region to enforce driving under the influence laws with a goal of reducing fatal driving under the influence traffic collisions. The Monrovia Police Department has participated in this regional program for many years. Officers from all participating cities in the region work driving under the influence checkpoints and enforcement efforts within the participating cities. OTS grant funds pay for overtime reimbursement to the participating cities that provide officers to the program. ANALYSIS: The available funds allocated for the regional Avoid the 100 California OTS Grant Program are designated to allow city agencies to combat impaired driving and assist in the enforcement of traffic laws aimed at saving lives. Glendora coordinates the enforcement efforts and documents all the hours worked for the grant. This agreement allows the Monrovia Police Department to continue participation in the program and continue to reduce driving under the influence traffic accidents in the City of Monrovia for the period October 1, 2013, through September 30, ENVIRONMENTAL IMPACT: There is no environmental impact associated with this action. FISCAL IMPACT: There will be no additional fiscal costs to the Monrovia Police Department or the City of Monrovia. OPTIONS: The City Council has the following options for consideration: 1. Approve the agreement with the Glendora Police Department for participation in the Los Angeles County Avoid the 100 DUI Task Force funded through OTS. 2. Reject the agreement, forfeit the grant funds, and direct Staff to explore options for alternate ways to reduce driving under the influence traffic accidents. RECOMMENDATION: Staff recommends option 1, approving the agreement with the Glendora Police Department to participate in the Avoid the 100 DUI Task Force for the period October 1, 2013, through September 30, CC-3

2 COUNCIL ACTION REQUIRED: If the City Council concurs, the appropriate action would be a motion to approve the restated Participation Agreement with the Glendora Police Department related to the Los Angeles County Avoid the 100 DUI Task Force for the period October 1, 2013, through September 30, 2016, and authorize the Chief of Police to execute the necessary documents.

3 Glendora Police Department Avoid DUI Campaign - Los Angeles County (PARTICIPATION AGREEMENT) This Agreement for participating in the Avoid DUI Campaign Project (AL1465) is made and entered into this 14th day of October 2013, between the Monrovia Police Department (hereafter the Participating Agency ) and the Glendora Police Department. RECITALS A. The Glendora Police Department is the Grant Administrator for a countywide traffic safety grant (hereafter the grant ) entitled Avoid DUI Campaign (hereafter Avoid ). A copy of the Office of Traffic Safety Grant Agreement is attached hereto as Exhibit A and made a part hereof. The Avoid Grant Program Manual is referenced herein and made a part hereof as can be located at As the Grant Administrator, the Glendora Police Department will provide a Supervisor to coordinate the grant, provide a Community Services Officer (CSO) to administer the grant, and provide an account manager to handle the fiscal processing, including reimbursement to each of the participating agencies for authorized overtime incurred as a result of enforcement operations related to the grant. B. The Avoid program provides for reimbursement to the Participating Agency for personnel working overtime shift(s) to staff special enforcement operations as detailed in the grant and scheduled and approved by the Grant Manager. C. The Glendora Police Department has agreed to act as the Grant Administrator, and as such will coordinate activities involving the contracted agencies to meet the goals and objectives of the grant. D. The Participating Agency is an agency participating in the Avoid grant program. The Participating Agency hereby agrees to comply with the terms and conditions of the Avoid grant, and to work with the Glendora Police Department as the grant administrator as more specifically set forth in the grant, the Grant Program Manual, and this Agreement. AGREEMENT The Glendora Police Department and Monrovia Police Department (the Participating Agency) hereby agree as follows: 1. SCOPE OF OVERTIME SERVICES The DUI Enforcement Nights: The Participating Agency shall provide up to two officers, or more, as staffing levels allow, and as approved by the Grant Manager, for staffing DUI roving patrols and DUI checkpoint operations as scheduled by the Grant Manager with members of neighboring agencies in a locally designated region for the primary purpose of identifying and arresting under the influence drivers. Each region will be coordinated by a volunteering agency which shall additionally provide one Regional Coordinator/Supervisor and one Communications Officer in addition to other non-sworn personnel for certain operations as approved by the Grant Manager. Arrest Warrant Operations: The Participating Agency shall provide up to two Officers, or more, as staffing levels allow, and one Communications Officer as approved by the Grant Manager, for staffing DUI and Suspended License arrest warrant details throughout the County of Los Angeles. Operations will be held in locally designated regions as determined by the Regional Coordinators for the primary purpose of locating persons with outstanding arrest warrants for DUI or Driving on a Suspended License. 1 of 4

4 Court Sting Operations: The Participating Agency shall provide up to two Officers, or more, as staffing levels allow and as approved by the Grant Manager, for staffing court sting operations for the purpose of pursuing suspected DUI drivers whose licenses were suspended/revoked by a judge yet proceeded to leave the courthouse driving a vehicle. Operations will be held in locally designated regions as determined by the Regional Coordinators. 2. SCOPE OF TRAFFIC COMMITTEE ACTIVITIES The Participating Agency shall designate a representative to participate in bi-monthly traffic committee meetings when staffing allows. This representative shall make every effort to attend the POALAC Traffic Committee meetings and to work with the Traffic Committee in developing countywide traffic safety programs. Traffic meetings are held to disseminate grant information, campaign details, and stats and to provide traffic related training and information. 3. PERIOD OF PERFORMANCE This Agreement is to commence on October 1, 2013, and shall continue on a year-to-year basis until September 30, 2016 unless: 1) earlier terminated by either party with or without cause by giving at least thirty days written notice to the respective party and specifying the effective date thereof, or 2) the Glendora Police Department is no longer the Grant Administrator. 4. FORCE MAJEURE The Participating Agency shall not be in default by reason of any failure in the performance of this Agreement in accordance with the terms, if such failure arises out of causes beyond the control and without the fault or negligence of the Participating Agency. Such causes may include, but are not restricted to, acts of God or a public enemy, acts of the government in its sovereign capacity, strikes or freight embargoes, not withstanding that in every case the failure to perform must be beyond the control and without the fault or negligence of the Participating Agency. 5. INDEMNIFICATION Each party agrees to defend, indemnify and hold the other party, their elected officials, officers, directors, employees, agents, and volunteers free and harmless against and from any and all losses, claims, demands, actions or causes of actions, for damage to persons or property, including wrongful death and attorneys costs and expenses of suit, resulting from any cause arising out of or pertaining to this Agreement, except to the extent caused by the negligent or intentional acts of the indemnified party, its agents or employees. 6. GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California. Venue shall be in Los Angeles County. 7. ENTIRE AGREEMENT This Agreement contains the entire understanding between the Glendora Police Department and the Participating Agency. Any prior agreements between the parties are terminated. Further any prior promises negotiations or representations, other than those set forth in this Agreement, are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. 8. ALLOWABLE COSTS AND PAYMENTS A. Allowable Costs The Participating Agency shall bill for services rendered at the actual overtime rate only of the employee working and in no case will it exceed the maximum rate of $ per hour. The Participating Agency shall be responsible for invoicing the City of Glendora before any reimbursement is made for overtime services of officers and/or other personnel. Invoices must be received by the Glendora Police Department no later than thirty (30) days following the date of operation that Participating Agency personnel worked. Failure to invoice within the 30-day period may result in non-payment. Payroll 2 of 4

5 verification of overtime rates and overtime slips/timesheet signed by a supervisor shall be included with invoice request. Failure to provide supporting back-up documentation may result in non-payment. The Participating Agency shall maintain complete and accurate records with respect to all the services rendered under this Agreement. All such records shall be clearly identifiable. B. Payments Payments to the Participating Agency for services rendered under the terms of this Agreement shall be limited to the actual overtime amount of compensation without benefits. Payments to the Participating Agency for the services rendered will be made by the Glendora Police Department within 30 days of receipt of complete and accurate invoices submitted by the Participating Agency, or in the event of any question or discrepancy submitted by the Participating Agency regarding the officer s invoice, the Glendora Police Department shall provide the Participating Agency with a written statement objecting to the charges within 30 days of the receipt of invoice. 9. NOTICES Formal notices, communications, and demands for payment shall be made in writing and faxed, mailed or ed to the Glendora Police Department as follows: Sr. CSO Wendy Brewer 150 S. Glendora Ave. Glendora, CA Phone: (626) Fax to: (626) Formal notices and communications for the Participating Agency shall be mailed to: ATTN: Sergeant Daniel Verna Monrovia Police Department 140 E. Lime Ave Monrovia, CA Participating Agency Payroll Authorizing Contact: NAME: Charmaine Balanay PHONE: Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. mail as of 72 hours after deposit. 10. COOPERATIONS; FURTHER ACTS The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain purposes of this Agreement. 3 of 4

6 11. ATTORNEY S FEES In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable as attorney s fees. 12. PARTIAL INVALIDITY Any provision of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision thereof and such other provision shall remain in full force and effect. IN WITNESS WHEREOF, the Monrovia Police Department and the Glendora Police Department have caused this Agreement to be executed and attested by their respective officers duly authorized as of the date set forth above. GLENDORA POLICE DEPARTMENT BY Sergeant Mike Henderson Project Coordinator By Rob Castro, Chief of Police Attest: By City Clerk APPROVED AS TO FORM: By City Attorney, City of Glendora Dated: PARTICIPATING AGENCY By Chief of Police Attest: By City Clerk APPROVED AS TO FORM: By City Attorney Dated: 4 of 4

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