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Home My WebLink AboutClaremont PD - Avoid the 50 DUI Task Force Projecth� , 1p /, ( n The Claremont Police Department AGREEMENT FOR THE AVOID THE 50 - DUI TASK FORCE PROJECT (PARTICIPATION AGREEMENT) This Agreement for participating in the Avoid the 50 — DUI Task Force Project (AL0416) is made and entered into this 1 day of October 2003, between the City of Arcadia and its Police Department and the Claremont Police Department, for the following reasons: A. The Claremont Police is the host agency for a countywide traffic safety grant "Avoid the 50 DUI Task Force - Operation Teen Team" As, such, the City of Claremont will act as a fiscal pass- through for agencies participating in the grant that incur overtime expenses, as authorized by the grant and the grant manager. B. The Avoid the 50 — Project allows the Claremont Police Department to reimburse the Arcadia Police Department for personnel, working overtime shift(s), to staff special enforcement operations as detailed in the grant and scheduled by the project manager. C. The Claremont Police Department has agreed to host and manage this grant and as such will coordinate activities involving contracted agencies to meet the goals and objectives of the grant. SCOPE OF OVERTIME SERVICES DUI Enforcement Nights: Up to one regional coordinator, one Officer /Deputy, and one Communications Officer, or more, as approved by the project manager, from the Arcadia Police Department shall provide staffing for DUI roving patrols and /or DUI checkpoints, as scheduled by the project manager, with members of neighboring agencies in a locally designated region for the primary purpose of identifying and arresting under the influence drivers. Court Enforcement Operations: Up to one regional coordinator, one Officer /Deputy, and one Communications Officer, or more, as approved by the project manager, from the Arcadia Police Department shall provide staffing for directed enforcement operations at County Courts to identify and arrests persons leaving court appearances and operating motor vehicles with suspended licenses, as scheduled by the project manager. Arrest Warrant Operations: Up to one regional coordinator, one Officer /Deputy, and one Communications Officer, or more, as approved by the project manager, from the Arcadia Police Department shall provide staffing DUI and Suspended License arrest warrant details throughout the County of Los Angeles. 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. SCOPE OF TRAFFIC COMMITTEE ACTIVITIES The Arcadia Police Department shall designate a representative of its traffic unit to participate in monthly traffic committee meetings. Such representatives shall make best efforts to attend monthly POALAC Traffic Committee meetings. The Arcadia Police Department agrees to provide up to one regional coordinator, one Officer /Deputy, and one Communications Officer, one (1) Court Enforcement Operation and one (1) Warrant Arrest operation with personnel on regular time, not compensated under the grant. The staffing for each individual agency will be equal to or greater than the staffing provided by that agency for the same operation in which overtime is paid for by the grant. The Arcadia Police Department agrees to work with the traffic committee in developing a countywide community traffic safety outreach and teen education program. This program will include fourteen (14) mini "DUI Expos" at high schools throughout the County, fourteen (14) community traffic safety presentations in various communities, seven (7) DUI Court Trials at County /City high schools, (7) MADD Victim Impact Panels, (7) area high school newspaper competitions and "teen choices" programming. 3. PERIOD OF PERFORMANCE This agreement is to commence on October 1, 2003, and shall conclude on March 31, 2005, unless 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 maybe extended by written mutual agreement of the parties. 4. FORCE MAJEURE The Arcadia Police Department 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 Arcadia Police Department. 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 Arcadia Police Department. 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 Claremont Police Department and the Arcadia Police Department. 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 Arcadia Police Department shall bill for services rendered at the following maximum overtime rates or actual rate of the employee working overtime, however in no case will it exceed the maximum rate. 1 Supervisor or Region Coordinator Hourly Overtime Rate: $ 71. 0 0 Communications personnel Hourly Overtime Rate: $41. 00__ Officer Hourly Overtime Rate: $56.00 The Arcadia Police Department 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 Arcadia Police Department for services rendered under the terms of this Agreement shall be limited to the agreed -upon amount of compensation for overtime services. Payments to the Arcadia Police Department for the services rendered will be made by the Claremont Police Department within 45 days of receipt of complete and accurate invoices submitted by the Arcadia Police Department, or in the event of any question or discrepancy submitted by the Arcadia Police Department regarding the officer's invoice, the Claremont Police Department shall provide the Arcadia Police Department 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 to the Claremont Police Department — Traffic Bureau at the following number. Lt. Paul Cooper, Project Enforcement Coordinator 570 W. Bonita Ave. Claremont, CA. 91711 Phone: 909 - 399 -5411 Fax to: 909 - 399 -5316 E -mail: pcooper@cLclaremont.ca.us Formal notices and communications for the Arcadia Police Department of Arcadia shall be mailed to: Sergeant Joe Bale Arcadia Police Department 250 W. Huntington Drive Arcadia, CA 91007 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, certified, return receipt requested, as off 72 hours after deposit of the U.S. Mail. 10. COOPERATIONS; FURTHER ACTS The Parties shall full 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 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, caused this Agreement to date set forth above. the Arcadia Police Department and the Claremont Police Department have e j e? u ted and attested by their respective officers duly authorized as of the 'y am Dated: /0�_ Dated: ordinator Cm'1 ilil.�irfsll A. - B r owil Attest: By ity Clerk 1 'Oef " CITY OF ARCADIA William R. Kelly, City Manager Attest: Cd y rk L 1 APPROVED AS TO FORM: B �.. City Attorney, City of Arcadia APPROVED AS TO FORM: /L '� ' 1/11�.cL Dated: 7/0714 t Ap•� Dated: Dated: 3 , 6 F . -. 0