Resolution No. 8925
.
4
1
2
3
RESOLUTION NO. 8925
4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND THE GLEN DORA POLICE DEPARTMENT REGARDING
THE AVOID THE 40 LOS ANGELES COUNTY DUI TASK FORCE
PROJECT
5
6
7 WHEREAS, on October 20, 2004, the City Council of the City of
8 Vernon adopted Resolution No. 8580 authorizing the Vernon Police
9 Department's participation in an Office of Traffic Safety grant for
10 traffic safety programs; and
11 WHEREAS, the City of Glendora, in conjunction with the Peace
12 Officers Association of Los Angeles County's Traffic Committee, on
13 behalf of approximately 40 Los Angeles County law enforcement agencies,
14 filed with the State of California Office of Traffic Safety an Avoid
15 the 40 Los Angeles County Dur Task Force grant application, Grant No.
16 AL0690 (the "Avoid the 40 Grant"); and
17 WHEREAS, the Avoid the 40 Grant will be used to implement the
18 efforts of approximately 40 law enforcement agencies for a combined Dur
19 enforcement effort and to raise the awareness of the general public
20 regarding the problems associated with drinking and driving; and
21 WHEREAS, the Glendora Police Department is the Grant
22 Administrator for the Avoid the 40 Grant and will provide a grant
23 manager to coordinate the grant; and
24 WHEREAS, the Avoid the 40 Grant provides for reimbursement to
25 participating agencies for personnel working overtime shifts to staff
26 special enforcement operations as detailed in the grant and scheduled
27 and approved by the grant manager; and
28 WHEREAS, the Vernon Police Department desires to participate
1 in the Avoid the 40 Grant and the Chief of Police executed a
2 Participation Agreement with the Glendora Police Department on
3 November 28, 2005, in order to participate in special enforcement
4 operations during the holiday season, subject to ratification by the
5 City Council; and
6 WHEREAS, the Participation Agreement provides the terms and
7 conditions under which the City would receive reimbursement for
8 overtime and assist in the development of countywide traffic safety
9 programs for the period October 1, 2005 through September 30, 2008; and
10 WHEREAS, the City Council desires to approve and ratify the
11 actions taken by the Chief of Police in participating in the Avoid the
12 40 Grant and his execution of the Participation Agreement with the
13 Glendora Police Department.
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
15 CITY OF VERNON AS FOLLOWS:
16 SECTION 1: The City Council of the City of Vernon hereby
17 finds and determines that the recitals contained hereinabove are true
18 and correct.
19 SECTION 2: The City Council of the City of Vernon hereby
20 approves and ratifies the City's participation in the Avoid the 40 Los
21 Angeles County DUI Task Force Grant and the execution of the
22 Participation Agreement with the Glendora Police Department by the
23 Chief of Police on November 28, 2005, a copy of which is attached
24 hereto as Exhibit A and incorporated by reference.
25 SECTION 3: The City Council of the City of Vernon hereby
26 authorizes the Acting City Clerk, or his designee, to execute any and
27 all documents necessary for the purpose of securing grant funds and to
28 implement and carry out the purposes specified in the Participation
- 2 -
-
, .
1 Agreement and the Avoid the 40 Grant for, and on behalf of, the City
2 of Vernon.
3
SECTION 4:
The Acting City Clerk of the City of Vernon
4 shall certify to the passage of this resolution, and thereupon and
5 thereafter the same shall be in full force and effect.
6 APPROVED AND ADOPTED this 7th day of December, 2005.
7
8
9
10
~'
-~~~ . 0...
-- .LEONIS C. MA~~YOr
ATTEST:
./
11
BRUCE V. MALKENHORST, JR.
12 Acting City Clerk
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8925, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, December 7, 2005, and thereafter was duly signed by the
Mayor of the City of Vernon.
i
-
BRUCE V. MALKENHORST, JR.
Acting City Clerk
(SEAL)
- 4 -
EXHIBIT
A
Glendora Police Department
Avoid the 40 Los Angeles County DUI Task Force
(PARTICIPATION AGREEMENT)
This Agreement for participating in the Avoid the 4Q Los Angeles County DUI Task Force Project
(AL0690) is made and entered into this 16 day of November 2005, between the Vernon 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 the 40 Los Angeles County DUI Task
Force" (hereafter "Avoid the 40"). A copy of the Grant Agreement is attached hereto as
Exhibit A and made a part hereof. The Avoid theAO Grant Program Manual is referenced
herein and made a part hereof. As the Grant Administrator, the Glendora Police
Department will provide a Lieutenant (Grant Manager) 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 reimburs~ment to each of the
participating agencies for authorized overtime incurred as a result of enforcement
operations related to the grant.
B. The Avoid the 40 Project 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 40 grant program.
The Participating Agency hereby agrees to comply with the terms and conditions of the
Avoid the 40 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 Vernon Police Department (the Participating Agency)
hereby agree as follows:
The Participating Agency is an agency participating in the Avoid the 40 grant program. The
Participating Agency hereby agrees to comply with the terms and conditions of the Avoid the 40
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. ,
1. SCOPE OF OVERTIME SERVICES
The DUI Enforcement Nights:
The Participating Agency shall provide up to one regional coordinator, two Officers/Deputies, and
one Communications Officer, or more, as approved by the Grant Manager, for staffing DUI roving
patrols and/or DUI 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. .
1
Court Enforcement Operations:
The Participating Agency shall provide up to one regional coordinator, two OfficerslDeputies, and
one Communications Officer, or more, as approved by the Grant Manager, for staffing directed
enforcement operations at County Courts to identify and arrest persons leaving court
appearances and operating motor vehicles with suspended licenses, as scheduled by the Grant
Manager.
Arrest Warrant Operations:
The Participating Agency shall provide up to one regional coordinator, two OfficersIDeputies, and
one Communications Officer, or more, 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 for the primary purpose of locating persons with outstanding
arrest warrants for DUI or Driving on a Suspended License.
2. SCOPE OF TRAFFIC COMMITTEE ACTIVITIES
The Participating Agency shall designate a representative to participate in monthly traffic
committee meetings. . This representative shall make every effort to attend the monthly POALAC
Traffic Committee meetings and to work with the Traffic Committee in developing countywide
traffic safety programs.
3. PERIOD OF PERFORMANCE
This agreement is to commence on October 1, 2005, and shall conclude on September 30, 2008,
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 may be extended by
written mutual agreement of the parties).
. 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, 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.
2
..
8. ALLOWABLE COSTS AND PAYMENTS
A. Allowable Costs
The Participating Agency 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.
Supervisor or Region Coordinator Hourly Overtime Rate: ($90 max.)
Communications personnel Hourly Overtime Rate: ($40 max. )
Officer Hourly Overtime Rate: ($65 max.)
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 agreed-upon amount of compensation for overtime
services. Payments to the Participating Agency for the services rendered will be made by
the Glendora Police Department within 45 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 to
the Glendora Police Department at the follOwing number.
Lt. Rob Lamborghini, Grant Manager I Project Coordinator
150 S. Glendora Ave.
Glendora, CA. 91741
Phone: (626) 914-8272
Fax to: (626) 914-8211
E-mail: rlamborghini@glendorapd.org
Formal notices and communications for the Participating Agency shall be mailed to:
Sgt. Michael Alway I Project Coordinator
4305 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 587-5171
Fax to: (323) 826-1482
E-mail: malway@covpd.org
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 of 72 hours after deposit of the U.S. Mail.
3
10. COOPERATIONS: FURTHER ACTS
The Parties shall fully oooperate 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.
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 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
Dated:
Lt. Rob Lamborghini - Project Coordinator
By
Dated:
Charles R. Montoya, Chief of Police
Attest:
By
Dated:
City Clerk
APPROVED AS TO FORM:
By
Dated:
City Attorney, City of Glendora
PARTICIPATING A
By
Sol Benudiz
Dated: J J.Z.f-o,r .
City Clerk
Attest:
By
APPROVED AS ~:
By L
City Attorney
Dated/lh1/05
4
".
State of California
OFFICE OF TRAFFIC SAFETY
GRANT AGREEMENT
PROJECT NUMBER
AL0690
PAGE 1 (To be completed by applicant Agency)
1. PROJECT TITLE
A VOID THE 40 LOS ANGELES COUNTY DUI TASK FORCE
2. NAME OF ApPLICANT AGENCY
CITY OF GLENDORA
4. PROJECT PERIOD
Month - Day - Year
From: 10/1/05
To: 9/30/08
3. AGENCY UNIT TO HANDLE PROJECT
GLENDORA POLICE DEPARTMENT - PATROL DIVISION
5. PROJECT DESCRIPTION (Provide an overview of the project activities that will address the problem statement, in approximately
100 words. Space is limited to six lines.)
The Glendora Police Department, in conjunction with the Peace Officers Association of Los Angeles County's
Traffic Committee, will put into action a countywide Traffic Safety and Enforcement Program. The program
will be implemented through the cooperative efforts of approximately 40 Los Angeles County law enforcement
agencies, and will consist of: DUI saturation enforcement patrols; DUI/driver license checkpoints; countywide
DUI/suspended license warrant sweeps, and countywide DUI/suspended license court operations. In addition to
these enforcement operations, the program will include MADD Victim Impact Panels, the production and
distribution of three Public Service Announcements, and participation in numerous community events.
6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED:
7. ApPROVAL SIGNATURES
$ 1,031,364.00
A. PROJECT DIRECTOR
NAME: Rob Lamborghini
TITLE: Lieutenant
ADDRESS: 150 S. Glendora Ave.
Glendora, CA 91741
B. AUTHORIZING OFFICIAL OF ApPLICANT AGENCY
PHONE:(626) 914-8272 NAME: Charles R. Montoya
FAX: (626) 963-2154 TITLE: Chief of Police
ADDRESS: 150 S. Glendora Ave.
Glendora, CA 91741
PHONE: (626) 914-8262
F,u: (626) 914-8211
E-MAIL: rlamborghtni@glendorapd.org
E-MAIL: cmontoya@glendorapd.org
c.
(Signature)
FISCAL OR ACCOUNTING OFFICIAL
(Date)
D.
(Signature) Date
OFFICE AUTHORIZED To RECEIVE PAYMENTS
NAME: Mary Solty
TITLE: Finance Director
ADDRESS: 116 E. Foothill Blvd.
Glendora, CA 91741
PHONE: (626) 914-8241
FAX: (626) 852-9650
NAME: City Treasurer
E-MAIL: msolty@ci.glendora.ca.us
ADDRESS: City of Glendora
116 E. Foothill Blvd.
Glendora, CA 91741
(Signature)
(Date)
j.....VT"C'l ")0 In_.. C/ne\
SCHEDULE A
PROJECT No:
AL0690
PROJECT DESCRIPTION PAGE I
PROBLEM STATEMENT
Los Angeles County encompasses more than 4000 square miles and has 88 incorporated cities. There are
approximately ten million residents, not including an undocumented resident population of about three million
persons. L.A. County is served by 48 law enforcement agencies including the Sheriffs Department and the
California Highway Patrol.
DMV studies have found that approximately 9 % of drivers are driving with a suspended license and 3.5 % are
unlicensed. Since about 75% of the county's population is known to be licensed to drive, that means that at any
given time in L.A.County there may be as many as one million suspended or unlicensed drivers on the road.
DUI, unlicensed, and suspended drivers are statistically more likely to be involved in injury, fatal, and hit-and-
run collisions. Studies have shown that DUI drivers can be as much as 200 times more likely to be involved in
a fatal collision, and DUI drivers are involved in about 40% of all fatal collisions.
The Traffic Committee of the Peace Officers Association of Los Angeles County (PO LAC) believes that
organized roving DUI patrols, checkpoints, warrant details, court operations, and educational programs,
utilizing the "Avoid the 40" concept, are effective tools in the fight to reduce alcohol-related collisions and
increase DUI arrests.
The SWITRS data below illustrate the number of persons injured or killed in alcohol-involved accidents in Los
Angeles County during the past three years, and also shows the number of DUI-related collisions. These
numbers will only be reduced through aggressive enforcement and deterrent operations.
Alcohol-Involved Fatal and Iniuru Collisions - Los Ang:eles County
Collision Type 2002 2003 2004
Fatal 112 122 123
Injury 3,260 3,355 3,326
Persons Killed and In.jured in Alcohol-Involved Collisions - Los An2eles County
Collision Type 2002 2003 2004
Fatal 132 147 134
In.iury 5,157 5,277 5338
PERFORMANCE MEASURES
PROJECT GOALS
L To publicize participating Los Angeles County law enforcement agencies' combined DUI enforcement
efforts, and to raise the awareness of the general public regarding the problems associated with drinking and
driving.
OTS-38b (Rev. 5/05)
SCHEDULE A
PROJECT No:
AL0690
PROJECT DESCRIPTION PAGE 2
2. To reduce the number of persons killed in alcohol-involved collisions in Los Angeles County by 5% from
the calendar 2004 base year total of 134 to 127, the first year of the grant, by 3% the second year of the
grant and by 3% the third year of the grant.
3. To reduce the number of persons injured in alcohol-involved collisions in Los Angeles County by 5% from
the calendar 2004 base year total of 5338 to 5072, the first year of the grant, by 3% the second year of the
grant and by 3% the third year of the grant.
4. To comply with the core and optional campaign dates and times as indicated by OTS.
PROJECT OBJECTIVES
1. To hire a full-time CSO (Glendora PD), who will serve as the Grant Administrator, by December 1,2005.
The CSO will serve for the duration of the project and will perform all program coordination and public
information functions.
2. To identifY the seven "Avoid the 40" regional coordinators from among the agencies participating in the
program by November 15,2005. One coordinator (sworn officer) will be selected from among the
participating agencies in each of seven geographical regions.
3. To hold monthly meetings in conjunction with the Peace Officers Association of Los Angeles County at a
regular location throughout the duration of the project (about 30 meetings).
4. To develop an operational enforcement plan by December 1 of each project year.
5. To conduct a minimum of three DUI/driver license checkpoints per core period, by September 30, 2008.
6. To conduct a minimum of 11 DUI roving, saturation, enforcement patrols during core periods, by
September 30, 2008.
7. To conduct two court sting operations within each ofthe seven enforcement regions, aimed at identifYing
and arresting persons driving with a suspended license arriving to or leaving from court, by June 30, 2008.
8. To conduct two warrant sweep operations within each ofthe seven enforcement regions, directed at
arresting persons with outstanding arrest warrants for DUI and/or for driving on a suspended license, by
September 30,2007.
9. To set up the twelve MADD Victim Impact Panels for teens and their parents by September 30, 2008. A
Victim Impact Panel is a forum that allows drunk driving offenders to come face-to-face with those who
have lost loved ones due to a nUl driver. The panel consists of three to four victims who speak briefly
about an impaired driving crash in which they were involved or a loved one was killed, and how it has
impacted their lives.
10. To encourage law enforcement executives in Los Angeles County to emphasize DUI enforcement during all
phases by allocating overtime hours for officer participation, by conducting DUI checkpoints and patrols,
and by contributing to all public information elements of the campaign.
11. To present twenty traffic-safety presentations to various community groups including Kiwanis, Rotary,
PT AlPF A, etc, throughout the seven enforcement regions by September 30, 2008.
OTS-38b (Rev. 5/05)
SCHEDULE A
PROJECT No:
AL0690
PROJECT DESCRIPTION
PAGE 3
12. To produce a professional video and to distribute three professional PSA's (concerning teens, drugs,
alcohol, and driving) to schools (upon request) and to local cable channels: the first video by June 30,2006,
the second by June 30, 2007, and the third by June 30, 2008.
13. To develop promotional materials to be used as incentive items encouraging participation in project goals
and objectives and educational presentations, by June 30, 2006. Promotional items shall include a traffic
safety message, and if space is available, will also include the Office of Traffic Safety and Business
Transportation and Housing logos.
Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer
issue a specified or predetermined number of citations in pursuance of the obligations hereunder.
Media Objectives
a. To issue a press release announcing the kick-off of the project by December 21, 2005. The press releases
and media advisories, alerts, and materials must be forwarded to your OTS Regional Coordinator and the
OTS Public Information Officer at pio@ots.ca.gov for approval 5 days prior to the issuance date of the
release.
b. To submit resulting electronic media articles bv 9 a.m. to the OTS Public Information Officer bye-mail at
pio@ots.ca.gov and OTS Regional Coordinator, or fax printed clips to (916) 262-2960. Include publication
name and date the article was published on all clips.
c. To use the following standard language in all press, media, and printed materials: "Funding for this
program was provided by a grant from the California Office of Traffic Safety, through the National
Highway Traffic Safety Administration".
d. To e-mail theOTSPublicInformationOfficeratpio@ots.ca.gov and OTS Regional Coordinator at least one
month in advance, a short description of any new traffic safety event or program.
METHOD OF PROCEDURE
Phase 1- Proe:ram Preparation (October 2005 - December 2005)
1. Hire Grant Administrator (CSO) and prepare him/her to coordinate all aspects of the program.
2. Prepare contracts (MOU's) for each participating agency; distribute the contracts; and receive signed
contracts back from these agencies.
3. Divide county into seven geographic regions. Designate one regional coordinator for each region, who
will handle oversight and supervision during enforcement operations, and who will serve as a liaison
between the Grant Administrator and the agencies in hislher area.
4. Develop and implement operational plan.
5. Schedule enforcement operations.
6. Secure a regular location for Traffic Committee meetings, and negotiate a contract.
7. Develop a schedule for the monthly meetings.
8. Negotiate for and purchase an education and enforcement trailer, utility truck (tow vehicle), portable
changeable message sign, two portable trailer lighting systems, and other listed items.
9. Negotiate a contract with a professional video company to produce three PSA's.
10. Make media releases to publicize all aspects of the program.
OTS-38b (Rev. 5/05)
SCHEDULE A
PROJECT No:
AL0690
PROJECT DESCRIPTION
PAGE 4
-,
Phase 2 - Pro2:ram Operations (December 2005 ~ September 2008)
Conduct the following: II DUI roving patrol operations, 3 DUI/driver license checkpoints, 2 court sting
DUI/suspended license operations, 2 DUI warrant service operations, 12 Victim Impact Panels, 20 traffic-
safety presentations, and 30 Traffic Committee meetings.
Develop and distribute the following: 3 PSA's, promotional materials
Phase 3 - Data Gatherin2: & Reportin2: - (Throughout Project Period)
Agencies are required to collect and report quarterly, appropriate data that support each of the goals and
objectives progress.
Statistical data relating to the project goals and objectives will be collected, analyzed, and incorporated in
Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year to date
comparisons of goals and objectives. If required the Quarterly Evaluation Data Form, Schedule C, will be
completed each quarter and submitted as part of the QPR.
These reports will compare actual project accomplishments with the planned accomplishments. They will
include information concerning changes made by the project Director in planning and guiding the project
efforts.
Reports shall be completed in accordance with OTS requirements specified in the Grant Program Manual,
Chapter 7, and submitted in compliance with the signed Acceptance of Conditions and Certifications (OTS-33)
included within this agreement.
METHOD OF Ev ALUA TION
Using the data compiled in Phase 3, the project manager will evaluate: (1) how well the stated project goals and
objectives were accomplished, (2) if all the activities outlined in the "Method of Procedure" were performed in
accordance with the project agreement; and (3) whether or not the project was cost effective.
ADMINISTRATIVE SUPPORT
This program has full support of the City of Glendora, the Glendora Police Department, and the Peace Officers
Association of Los Angeles County's Traffic Committee. Every effort will be made to continue the activities
after the project conclusion.
OTS-38b (Rev. 5/05)
, SCHEDULE B
PAGE 1
DETAILED BUDGET ESTIMATE
PROJECT NO. AL0690
FISCAL YEAR ESTIMATES
COST CATEGORY FY-l FY-2 FY-3
10/01/05 10/01/06 10/01107 TOTAL COST
thru thru thru TO PROJECT
A. PERSONNEL COSTS 09/30/06 09/30/07 09/30/08
Positions and Salaries
Grant Management - Lieutenant Overtime 9,240.00 9,240.00 9,240.00 $27,720.00
$77/hr (including empl. benefits @ 1.45%)
DUI Patrols, Checkpoints, and Operations - Ofc 3,960.00 4,620.00 3,300.00 11,880.00
OIT $55/hr (including em pI. benefits @ 1.45 %)
Fiscal Management - Acct. Technician OT @ 2,524.00 2,524.00 2,524:00 7,572.00
$41/hr (inc. empl benefits @ 2.63 %)
Full-time Grant Administrator (CSO) - $44,052 44,052.00 44,052.00 44,052.00 132,156.00
annually
0.00
0.00
0.00
0.00
Employee Benefits @ 32.33% 14,242.00 14,242.00 14,242.00 42,726.00
Category Sub-Total $74,018.00 $74,678.00 $73,358.00 . $222,054.00
B. TRAVEL EXPENSE
In-state 2,000.00 2,000.00 1,000.00 $5,000.00
Out of State 1,000.00 1,000.00 2,000.00
0.00
Category Sub-Total $3,000.00 $3,000.00 $1 ,000.00 $7,000.00
C. CONTRACTUAL SERVICES
DUI Patrols, Checkpoints, and Operations - Ofc 182,520.00 212,940.00 152,100.00 $547,560.00
OIT $65/hr (inc. employee benefits @ 4%)
Video PSA Development and Production 12,000.00 8,000.00 8,000.00 28,000.00
PIT MADD Victim Impact Panel Coordinator 21,000.00 21,000.00 15,000.00 57,000.00
Category Sub-Total $215,520.00 $241,940.00 $175,100.00 $632,560.00
OTS-38d (Rev. 5/05)
SCHEDULE B
PAGE 2
DETAILED BUDGET ESTIMATE
PROJECT No. AL0690
FISCAL YEAR ESTIMATES
COST CATEGORY FY-l FY-2 FY-3
10/01105 10/01106 10/01107 TOTAL COST
thru thru thru TO PROJECT
D. EQUIPMENT 09/30/06 09/30/07 09/30/08
Portable Changeable Message Sign - Host Agency 17,500.00 $17,500.00
Education and Enforcement Trailer - Host Agency 32,500.00 32,500.00
Portable Trailer Lighting Systems - Host Agency 31,000.00 31,000.00
Utility Truck (trailer/equipment towing vehicle)- 30,000.00 30,000.00
Host Agency
Category Sub-Total $111,000.00 $0.00 $0.00 $111,000.00
E. OTHER DIRECT COSTS
Traffic Committee Meetings 10,000.00 10,000.00 8,000.00 $28,000.00
Printed Materials 2,000.00 2,000.00 1,500.00 5,500.00
Enforcement Trailer Computer System 3,000.00 3,000.00
Digital Cameras, Video Recorder, Monitor 4,700.00 4,700.00
Promotional Materials 2,500.00 2,000.00 1,000.00 5,500.00
Laptop Computer 3,600.00 3,600.00
PSA Tape Duplication 1,250.00 1,250.00 2,500.00
7 PAS Devices 5,950.00 0.00 0.00 5,950.00
0.00
0.00
Category Sub-Total $33,000.00 $15,250.00 $10,500.00 $58,750.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00 $0.00 $0.00 $0.00
PROJECT TOTAL $436,538.00 $334,868.00 $259,958.00 $1,031,364.00
OTS-38e (Rev. 5/05)
SCHEDULE B-1
PROJECT No. AL0690
BUDGET NARRATIVE
Page 1
PERSONNEL COSTS
Grant Manager: The host agency (Glendora PD) will provide a Lieutenant to coordinate the grant. The
coordinator will be responsible for: 1) developing and approving the contract for each participating agency;
2) implementing enforcement operations plans for the participating agencies; 3) scheduling special
enforcement operations; 4) identifying each region's coordinator, who will supervise enforcement operations
in their respective regions and provide fiscal and statistical data for each operation; 5) purchasing equipment
authorized under the grant; and 6) providing overall management of grant activities. The overtime costs for
the coordinator are based on 120 hours per fiscal year @ $77 per hour (salary and benefits).
Fiscal Management and Accounting: The host agency will provide an account manager to handle all fiscal
processing, including reimbursement to each of the participating agencies for authorized overtime incurred
as a result of enforcement operations. The account manager will pay all expenses related to the purchase or
payment of invoices for Other Direct Costs approved under the grant agreement, and the submission of
quarterly financial reports and reimbursement requests to the Office of Traffic Safety [60 hours per fiscal
year @ $41 per hour (salary and benefits)].
Overtime will be provided to officers of the Glendora Police Department to perform the enforcement and
educational duties of the following operations:
- DUI Patrol/Checkpoint Enforcement Operations (14)
- DUI/Suspended License Warrant Operations (2)
- Court DUI/Suspended License Operations (2)
Lieutenant - Benefits @ 1.45 % (Medicare)
Officer - Benefits @ 1.45 % (Medicare)
Grant Administrator: The Glendora Police Department will hire a Community Services Officer (CSO) to
provide full-time administration of the grant. The CSO, in coordinating the administrative portions of the
grant, will: 1) complete quarterly reports; 2) maintain financial records and submit financial requests to the
City Finance Department for reimbursement; 3) identify vendors for equipment and service purchases; 4)
negotiate contracts and vendor agreements; and 5) assist the Grant Manager as directed. The cost of the full-
time CSO is $58,294 annually (salary and benefits).
To avoid personnel supplanting, the city agrees to maintain the current complement of personnel throughout
the grant period.
The benefit breakdown for the full-time CSO is:
Retirement
Worker's Compensation
Long-term Disability Ins.
Uniform Allowance
Health Insurance
Holiday Pay
Medicare
7.3%
3.2
1.5
0.6
15.4
2.88
1.45
=
32.33%
OTS-38f(Rev.5/05)
, .
SCHEDULE B-1
PROJECT No. AL0690
BUDGET NARRATIVE
Page 2
TRAVEL EXPENSE
This funding will be used for in-state travel to the OTS Summit and PTS Seminar and out-of-state travel to
OTS-approved seminars by Glendora PD personnel. Out-of-State travel must be requested and approved by
OTS in advance of each trip. All travel reimbursement will be at the City of Glendora approved travel rate.
CONTRACTUAL SERVICES
Contracts (MOU's) will be between the Glendora Police Department and all participating law enforcement
agencies regarding each agency's overtime costs associated with their participation. The MOU will describe
the activity ofthe participating agency (including DUI patrol/checkpoint enforcement overtime, warrant
service overtime, and Court operations overtime).
Additional contracts will be between the Glendora Police Department and: 1) a professional video
production company for the development ofthree traffic safety videos, and 2) a part-time Victim Impact
Panel coordinator from MADD, who will be responsible for establishing/coordinating the Victim Impact
Panel presentations to youth.
EQUIPMENT
Grant funds will be used to purchase a Portable Changeable Message Sign that will be used to flash
educational messages to passing motorists and to identify DUI checkpoints.
Funds from the grant will be used to purchase an Education and Enforcement Trailer, which will house all of
the technical and support equipment needed for the implementation of the grant programs and operations.
When presenting community outreach programs on traffic safety, it will be used as a mobile support unit that
is staffed by law enforcement personnel. It will also function as a DUI/Driver License checkpoint trailer
during enforcement operations. The Glendora Police Department and other agencies participating in this
grant will utilize the trailer.
Additional grant funds will be used to purchase two portable lighting systems to be used during enforcement
operations (checkpoints) and community events.
A utility truck will be purchased to safely tow the above equipment to checkpoints, community events, etc.
by the host agency and the various departments that participate in this program.
OTHER DIRECT COSTS
Funds will be used to cover the cost of monthly Traffic Committee meetings throughout the 3-year grant.
Each of these meetings will provide regional agency representatives the opportunity to interact and share
information, and will provide committee members the time necessary to develop and evaluate programs
OTS-38f(Rev.5/05)
SCHEDULE B-1
PROJECT No. AL0690
BUDGET NARRATIVE Page 3
associated with the grant. A trainer or guest speaker will generally be invited to attend each meeting. Costs
will include room rental and materials distribution.
Funds will be utilized to purchase printed materials and handouts to educate the public in areas related to
this grant. These items will be disseminated to local community groups and at DUI/Driver License
checkpoints and at community events. If possible all printed materials shall contain the following:
"Funding for this program was provided by a grant from the California Office of Traffic Safety, through the
National Highway Traffic Safety Administration ".
A computer system, for dispatch use and for CLETS access (for driver license status checks) will be
purchased and installed in the DUI/Driver License Enforcement and Education trailer. This system will be
used primarily during enforcement operations.
A digital camera, video recorder, and monitor will be purchased to capture the various events, to provide.
press releases, to exhibit PSA's at events, and to provide documentation for the final report to OTS.
Promotional materials will be purchased that can be used as educational tools at community events or for
community relations purposes at DUI/driver license checkpoints. Any promotional items purchased under
this grant will contain a traffiG safety message that relates to this project and whenever practical and possible,
appropriate logos. Promotional items may include pens, cups, t-shirts, bags, pins, stickers, etc.
Funds will be used to purchase a laptop computer, which will be utilized by the CSO responsible for
administering the grant. The computer will help to organize mailing lists, phone numbers, events, statistics,
and other data necessary for reporting and accounting purposes.
A professional video service will create three PSA's. Funds will be used to duplicate these tapes (or CD's)
so that the educational message contained can be distributed to as many community organizations as
possible.
7 PAS Devices will be purchased for use during enforcement operations.
INDIRECT COSTS
None
PROGRAM INCOME
There will be no income generated by this program.
OTS-38f (Rev. 5/05)
"
'4
, .
STATE OF CALIFORNIA. OFFICE OF TRAFFIC SAFETY
ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS
OTS-33 (Rev. 5/05)
ApPLICANT AGENCY
OTS PROJECT NUMBER
Glendora Police Department
AL0690
The following are included herein and constitute a part of this Agreement:
1. OTS-38 - Page 1
2. Schedule A - Project
Description
3. Schedule B - Detailed Budget
Estimate
5. Schedule C - Quarterly Evaluation Data (when required)
6. OTS-33 - Acceptance of Conditions and Certifications
4. Schedule B-1 - Budget
Narrative
7. General Terms, Conditions, and Certifications
(OTS Grant Program Manual, Volume II, Chapter 6.
Volume II, available on-line at www.ots.ca.gov)
.
TERMS AND CONDITIONS
It is understood and agreed by the Project Director and Authorizing Official that any grant received as a
result of this Agreement is subject to all federal and state regulations governing grants and to those
controls expressed in the California Traffic Grant Program Manuals which include, but are not limited
to:
REpORTS
1. Quarterly Performance Reports and Reimbursement Claims must be submitted by the Project
Director to the Office of Traffic Safety by January 31, April 30, July 31, and October 31, during
each year of project operation.
2. OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future
grant funding anytime a grantee fails to comply with any term or condition of the grant contract or
program guidelines (Volume II, Chapter 3.13). This may include, but is not limited to, the
following:
. Failure to submit acceptable and timely reimbursement claims.
. Failure to submit acceptable and timely quarterly performance reports; and
. Failure to submit an acceptable and timely Schedule C, Quarterly Evaluation Data (OT8.-38g,
applies only when a Schedule C has been required.)
3. By October 31, "continuing" projects must submit a September 30 claim and a written justification
to support carrying forward prior year unexpended funds. September 30 claims and written
justifications, supporting the carrying forward of prior year unexpended funds, submitted after
November 30, will not be processed. The prior claim (i.e., June 30) will be considered the year-end
claim in order to close out the federal fiscal year ending September 30. In addition, prior year
unexpended funds will be deobligated and allocated to new projects.
. ..
. ~
. .
SUBCONTRACTS
4. Consultants and/or subcontractors shall be selected in accordance with the grantee agency
procurement policies and procedures in order to comply with the terms of this agreement and in
accordance with the OTS Grant Program Manual, Volume II Chapter 6 Procurement & Contract
Administration, and Exhibit 6-A General Terms, Conditions, and Certifications.
A fully executed copy of the consultant contract or subcontract and completed Contractual
Services Checklist & Questionnaire, OTS 85 shall be submitted to OTS for inclusion in the
official project file prior to request for reimbursement.
The grantee, consultant, contractor and!or subcontractor are subject to all conditions and
certifications of the Project Agreement and 49 CFR Part 18, and!or CFR Part 19 whichever is
applicable.
Services shall be provided subsequent to final execution and signature by both parties to the
contract and the work shall be consistent with the start and end dates identified in the Project
Agreement. The State is not obligated to make any payment under any agreement prior to final
execution or outside the terms of the contract period. Contractor! Applicant Agency expenditures
incurred prior to final execution are taken at the risk of that Contractor! Applicant Agency and
will be considered unallowable if that agreement!contract is not executed.
A V AILABILITY OF FUNDS
5. If, during the term of the grant award, federal funds become reduced or eliminated, OTS may
immediately terminate or reduce the grant award upon written notice to the project director.
REVISIONS
6. Project revisions are allowed in accordance with the guidelines detailed in the OTS Volume II,
Chapter 3.8 and the revision examples provided in Chapter 3.9. All appropriate documentation
required to request a project revision requiring OTS approval (i.e., budget category increases,
etc.) must be submitted to OTS.
7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall
be binding on any of the parties hereto.
8. Additional terms and conditions identified in the OTS Grant Program Manual, Volume II,
Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-A), are incorporated
herein by reference and made a part of this document.
-2-
~ ., ..
..
'" .. .
. (.
ENFORCEMENT AGENCIES ONLY:
9. Full time personnel funded under this project shall be dedicated in total to traffic law enforcement.
EXCEPT:
· In the case of a criminal offense committed in the officer's presence.
. In the case of response to an officer in distress.
· In the case of a riot where all available personnel must be committed.
10. Equipment funded under this project is subject to the same requirements as No.9 above.
We, the officials named below, hereby swear that we are duly authorized legally, to bind the contractor or
grant recipient to the above described terms and conditions. Executed on the date and in the county
below, and is made under penalty of perjury under the laws of the State of California.
PROJECT DIRECTOR'S NAME
Rob Lamborghini
PROJECT DIRECTOR'S SIGNATURE
EXECUTED IN THE COUNTY OF
Los Angeles
DATE EXECUTED
);>
TITLE
Lieutenant
AUTHORIZING OFFICIAL'S NAME
Charles R. Montoya
AUTHORIZING OFFICIAL'S SIGNATURE
EXECUTED IN THE COUNTY OF
Los Angeles
DATE EXECUTED
);>
TITLE
Chief of Police
-3-
SUPPORTING
DOCUMENTS
Glendora Police Department
A void the 40 Los Angeles County DU I Task Force
(PARTICIPATION AGREEMENT)
This Agreement for participating in the Avoid the 40 Los Angeles County DUI Task Force Project
(AL0690) is made and entered into this 16 day of November 2005, between the Vernon 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 the 40 Los Angeles County DUI Task
Force" (hereafter "Avoid the 40"). A copy of the Grant Agreement is attached hereto as
Exhibit A and made a part hereof. The Avoid the 40 Grant Program Manual is referenced
herein and made a part hereof. As the Grant Administrator, the Glendora Police
Department will provide a Lieutenant (Grant Manager) 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 the 40 Project 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 40 grant program.
The Participating Agency hereby agrees to comply with the terms and conditions of the
A void the 40 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 Vernon Police Department (the Participating Agency)
hereby agree as follows:
The Participating Agency is an agency participating in the Avoid the 40 grant program. The
Participating Agency hereby agrees to comply with the terms and conditions of the Avoid the 40
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.
1. SCOPE OF OVERTIME SERVICES
The OUI Enforcement Nights:
The Participating Agency shall provide up to one regional coordinator, two Officers/Deputies, and
one Communications Officer, or more, as approved by the Grant Manager, for staffing DUI roving
patrols and/or DUI 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.
1
Court Enforcement Operations:
The Participating Agency shall provide up to one regional coordinator, two Officers/Deputies, and
one Communications Officer, or more, as approved by the Grant Manager, for staffing directed
enforcement operations at County Courts to identify and arrest persons leaving court
appearances and operating motor vehicles with suspended licenses, as scheduled by the Grant
Manager.
Arrest Warrant Operations:
The Participating Agency shall provide up to one regional coordinator, two Officers/Deputies, and
one Communications Officer, or more, 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 for the primary purpose of locating persons with outstanding
arrest warrants for DUI or Driving on a Suspended License.
2. SCOPE OF TRAFFIC COMMITTEE ACTIVITIES
The Participating Agency shall designate a representative to participate in monthly traffic
committee meetings. This representative shall make every effort to attend the monthly POALAC
Traffic Committee meetings and to work with the Traffic Committee in developing countywide
traffic safety programs.
3. PERIOD OF PERFORMANCE
This agreement is to commence on October 1, 2005, and shall conclude on September 30, 2008,
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 may be extended by
written mutual agreement of the parties).
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 govemment 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 attomeys' 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, 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.
2
8. ALLOWABLE COSTS AND PAYMENTS
A. Allowable Costs
The Participating Agency 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.
Officer Hourly Overtime Rate: ($65 max.)
417/ /l1r.
If 3~/l1r.
\:It ~o I hr.
Supervisor or Region Coordinator Hourly Overtime Rate: ($90 max.)
Communications personnel Hourly Overtime Rate: ($40 max. )
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 agreed-upon amount of compensation for overtime
services. Payments to the Participating Agency for the services rendered will be made by
the Glendora Police Department within 45 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 to
the Glendora Police Department at the following number.
Lt. Rob Lamborghini, Grant Manager I Project Coordinator
150 S. Glendora Ave.
Glendora, CA. 91741
Phone: (626) 914-8272
Fax to: (626) 914-8211
E-mail: rlamborghini@glendorapd.org
Formal notices and communications for the Participating Agency shall be mailed to:
Sgt. Michael Alway I Project Coordinator
4305 Santa Fe Avenue
Vemon, CA 90058
Phone: (323) 587-5171
Fax to: (323) 826-1482
E-mail: malway@covpd.org
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 of 72 hours after deposit of the U.S. Mail.
3
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.
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 attomey'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 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.
BY
Dated:
/~id5
By
Dated: /0. -~ 7-0S-
Att~:/. A. .'
/,
By , :f1f1# / a?//
.' City Clerk I
Dated: J -~ -CJk
APPROVED AS TO ~:
ByCJ-l~.. ~.
City Atto~ ity of Glendora
Dated: I -2. ~ 0 h {-3 -?'lr
By
Sol Benudiz
Dated: I J-z.t-or
PARTICIPATING A
City Clerk
Attest:
By
:~PROLS~:
CIty Attorney
Dated: /1121/05
4