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HomeMy WebLinkAboutC-2664Aury�[ 5, 1903 1 �uat City of Arcadia Office of the City Clerk October 5, 2011 CSO Wendy Brewer Glendora Police Department 150 S. Glendora Avenue Glendora, CA 91741 Dear CSO Brewer: 116o-lo C -2 �6 y As requested in a letter dated September 30, 2011 to Arcadia Police Chief Guthrie from Police Chief Castro, enclosed you will find a fully executed Jim Barrows Participation Agreement in the Avoid the 100 DUI Campaign (East) Los City Clerk Angeles County Project signed by the City of Arcadia. Enclosure c: Police Chief Bob Guthrie 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5455 (626) 447 -7524 Fax www.ci.arcadia.ca.us Sincerely, Y- Lisa Mussenden Chief Deputy City Clerk/ Records Manager F,C�•Di:� FOLIC CITY OF GLENDORA, OCT Al 15 54 POLICE DEPARTMENT 150 SOUTH GLENDORA AVE., (626) 914 -8250 GLENDORA, CALIFORNIA 91741-3498 FAX # (626) 963 -2154 ROBERT M. CASTRO, CHIEF OF POLICE September 30, 2011 Chief Bob Guthrie Arcadia Police Department 250 W. Huntington Drive Arcadia, CA 91066 -6021 Dear Chief Guthrie: The Glendora Police Department was recently awarded the L.A. County Avoid the 100 (East) Grant by the Office of Traffic Safety. This grant is for a one -year period, which begins October 1, 2011. The primary operations funded by the grant are DUI /driver license checkpoints, DUI saturation patrols, and warrant sweeps. By participating in the Avoid 100 (East) DUI Task Force, you should be aware of the following requirements as a result of your participation: 1. Each city will need to sign a Memorandum of Understanding (MOU) with the City of Glendora acknowledging new reimbursement guidelines (copy of MOU is attached). This MOU makes reference to the OTS Grant Program Manual which can be downloaded or reviewed at http: / /www.ots.ca.gov /Grants /Grant Administration /Program Manual.asp 2. Overtime will be paid on the actual amount expended. Therefore, it will be critical that your payroll department be in communication with the grant manager. Cities will not be reimbursed without an invoice showing actual overtime and benefit expenditures for each officer. Once received, allied agencies will be reimbursed promptly. 3. Officers signing up for deployments should have received POST - Certified Standardized FST training. 4. Major holidays will be the main focus of the Task Force due to the increase in drunken driving crashes, deaths and injuries during those periods. 5. Your agency will have the opportunity to request funding for extra enforcement from surrounding agencies for special events in your city by contacting the grant coordinator. 6. Please sign a copy of the attached MOU for participation and return it at your earliest convenience to: CSO Wendy Brewer Glendora Police Department 150 S. Glendora Avenue Glendora, CA 91741 If you have any questions regarding your participation, please contact the Project Coordinator, Lt. Rob Lamborghini at (626) 914 -8272 or the Grant Manager, CSO Wendy Brewer at (626) 852 -4826. Thank you for your assistance and participation. Sincerely, Robert M. Castro Chief of Police P R I D E O F T H E F 0 0 T H I L L S COPY Glendora Police Department Avoid the 100 DUI Campaign (East) Los Angeles County (PARTICIPATION AGREEMENT) This Agreement for participating in the Avoid the 100 DUI Campaign (East) — Los Angeles County Project ( #20540) is made and entered into this 4 4!a day of O cfr'. 2011, between the E611 C,"- CIEP""r• (hereafter the "Participating Agency ") and the Glendora Police Department. RECITALS A. The Glendora Police Department is a Grant Administrator for a countywide traffic safety grant (hereafter the "grant ") entitled "Avoid the 100 DU/ Campaign (East) - Los Angeles County" (hereafter "Avoid the 100 "). A copy of the 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 the Grant Administrator, the Glendora Police Department will provide a Lieutenant to coordinate the grant, a Community Services Officer (CSO) to administer and manage the grant (Grant Manager), and 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 the 100 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 the 100 grant program. The Participating Agency hereby agrees to comply with the terms and conditions of the Avoid the 100 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 +4C 0,42jc+sb us. SL_,. c,e tNMj=T, , (the Participating Agency) hereby agree as follows: 1. SCOPE OF OVERTIME SERVICES The DUI Enforcement Nights: The Participating Agency shall provide two Officers, or more, as staffing levels allow, and as approved by the Grant Manager, for staffing DUI roving patrols and /or DUl checkpoints, 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 as approved by the Grant Manager. Arrest Warrant Operations: The Participating Agency shall provide two Officers, or more, as staffing levels allow, as approved by the Grant Manager, for staffing DUI and Suspended License arrest warrant details. Operations will be held in locally designated regions for the primary purpose of locating persons with outstanding arrest warrants for DUI or Driving on a Suspended License. Each region will be coordinated by a volunteering agency, which shall additionally provide one Regional Coordinator /Supervisor and one Communications Officer as approved by the Grant Manager. 2. SCOPE OF TRAFFIC COMMITTEE ACTIVITIES The Participating Agency shall designate a representative to attend the POALAC Traffic Committee meetings, which take place on the 2nd Wednesday of every other month, as announced by the Grant Manager. This representative will work with the Traffic Committee in developing countywide traffic safety programs. 3. PERIOD OF PERFORMANCE This agreement is to commence on October 1, 2011, and shall continue on a year -to -year basis until September 30, 2014, 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, notwithstanding 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. 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, promises, negotiations or representations to expressly set forth herein 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 overtime services rendered at the actual rate of the employee working overtime and in no case will it exceed the maximum rate of $100 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. 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 amount of compensation for overtime services. Payments to the Participating Agency for the services rendered will be made by the City of Glendora within forty-five (45) days of receipt of complete and accurate invoices submitted by the Participating Agency, or in the event of any question or discrepancy, the Grant Manager shall provide the Participating Agency a written statement objecting to the charges within thirty (30) days of the receipt of the invoice. 9. NOTICES Formal notices, communications, and demands for payment shall be made in writing and faxed, e- mailed, or mailed to the Grant Manager: Sr. CSO Wendy Brewer 150 S. Glendora Ave. Glendora, CA. 91741 Phone: (626) 914 -8272 Fax to: (626) 914 -8211 E -mail: wbrewer @glendorapd.org Formal notices and communications for the Participating Agency shall be mailed to: ���2 C7 faa-t- k3QE T T' Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by e-mail, as of the date and time received; by messenger, as of the date delivered; and by U.S. mail, certified, return receipt requested, as of 72 hours after deposit of the U.S. Mail. 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 or appropriate to attain purposes of this Agreement. 3 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 tr--;u L-r— D�P-� 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 POLICED pARTMENT Rob Castro, Chief of Police APPROVED AS TO FO By � City Attorne ,City of Glendora PARTICIPATING AGENCY - CITY OF ARCADIA By f of Police APPROVED AS TO FORM: By City Attorney By: Donald Penman City Manager 4 Dated: Dated: b 1 1 Dated: 10 - q - l Dated: / O y //) Dated; to $ I