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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:
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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:
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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.
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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
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