Resolution No. 97391
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RESOLUTION NO. 9739
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR THE "AVOID THE 100 DUI CAMPAIGN
(WEST) LOS ANGELES COUNTY" BY AND BETWEEN THE
VERNON POLICE DEPARTMENT AND THE GARDENA POLICE
DEPARTMENT
WHEREAS, the City of Gardena Police Department ("Gardena")
is providing fiscal pass -through services for participating agencies
for the successful financial management of the Avoid the 100 DUI
Campaign (West) Los Angeles County Grant Project (the "Project"); and
WHEREAS, the Project allows Gardena to reimburse each
participating agency for personnel working overtime shifts to staff
special enforcement operations as detailed in the grant and scheduled
and approved by the grant administrator; and
WHEREAS, the performance period for the Project is
October 1, 2008 through September 30, 2011; and
WHEREAS, the Chief of Police has recommended that the City
lof Vernon participate in the Project, that the City Council approve an
agreement with Gardena and authorize his execution of an agreement on
behalf of the Vernon Police Department of the City of Vernon; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with Gardena setting forth the
terms and conditions for the reimbursement under the Project to
enhance services provided to the Vernon community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
I CITY OF VERNON AS FOLLOWS:
2 SECTION 1: The City Council of the City of Vernon hereby
3 finds and determines that the recitals contained hereinabove are true
4 and correct.
5 SECTION 2: The City Council of the City of Vernon hereby
6 approves the Agreement for the "Avoid the 100 DUI Campaign (West) Los
7 Angeles County" with Gardena, in substantially the same form as the
8 copy which is attached hereto as Exhibit A and incorporated by
9 reference.
10 SECTION 3: The City Council of the City of Vernon hereby
11 authorizes the Chief of Police to execute said Agreement for, and on
12 behalf of, the Vernon Police Department and the City Clerk or Deputy
13 City Clerk is hereby authorized to attest thereto.
14 SECTION 4: The City Council of the City hereby authorizes
15 the City Administrator, or his designee, to make whatever non-
16 substantive, administrative and/or text changes, upon advice of
17 counsel, to the Agreement.
18 SECTION 5: The City Council of the City of Vernon hereby
19 authorizes the City Administrator, or his designee, to execute any and
20 all documents necessary for the purpose of implementing and carrying
21 out the terms of the Agreement and this Resolution on behalf of the
22 City of Vernon.
23 SECTION 6: The City Council of the City of Vernon hereby
24 directs the City Clerk, or her designee, to send a fully executed
25 Agreement to the City of Gardena Police Department.
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SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 20th day of October, 2008.
Name: L Leonis C° albu g
Title: Mayor / Igor Pr-o= e
ATTEST:
0
M 'UELA GIRON, it I Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9739, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, October 20, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRO , City Clerk
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EXHIBIT A
Contract #
Gardena Police Department
Agreement for the "Avoid the 100 DUI Campaign (West) Los Angeles County"
This Agreement for participating in the Avoid the 100 DUI Campaign (West) Los Angeles County Grant
Project ("Project") is made and entered into this 1st day of October 2008, and between Gardena Police
Department ("Gardena") and Vernon Police Department for the following reasons:
A. Gardena is providing the fiscal pass -through services for participating agencies for the
successful financial management of the Project.
B. The Project allows Gardena to reimburse each participating agency for personnel
assigned for certain deployments or details. The Project will reimburse a participating
agency for assigned personnel (one officer) on an overtime basis, working an eight -hour
shift during a saturation patrol, provided that the agency allocates an additional officer at
the participating agency's cost. This additional officer will be provided in support of the
officer paid the overtime. The Project will reimburse a participating agency for personnel
assigned (one officer) to arrest warrant detail on an overtime basis for an eight -hour shift.
For personnel assigned to checkpoints, the Project will reimburse for twelve officers on
an overtime basis for eight -hour shifts from the host agency. If additional officers are
needed, they will be recruited from participating agencies. A total of twelve officers and
one sergeant per checkpoint. At the end of each fiscal year, if there are sufficient funds,
the Project will attempt to reimburse for the times when only one officer was provided for
the deployments. The agencies will be reimbursed in the following order:
1. Agencies that provided one officer for saturation deployments and have less than 20
sworn personnel.
2. The agencies that provided two officers for saturations deployments at least 50% of
the time.
3. The agencies that provided more than two officers for saturation deployments.
4. The agencies that only provided one officer for saturation deployments and have more
than 20 sworn personnel.
5. The agencies that provided more than one officer for warrant details and checkpoints.
6. The agency that provided an additional sergeant to any deployment.
1. SCOPE OF OVERTIME SERVICES Vernon Police Department shall provide one or more
officer(s) to work in conjunction with members of participating agencies for the primary purpose of
identifying and arresting under the influence drivers and serving arrest warrants for driving under the
influence related offenses.
2. SCOPE OF TASK FORCE ACTIVITIES Vernon Police Department shall designate a
representative of its traffic unit to participate in any regional meetings relating to the Project. Vernon
Police Department shall participate in enforcement days, warrants service details, checkpoints, and
during the December two -week Holiday Deployment period to the best of its ability.
3. PERIOD OF PERFORMANCE This Agreement shall commence on October 1, 2008, and shall
conclude on September 30, 2011, unless 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.
4. FORCE MAJEURE Vernon 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 Vernon 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.
5. INDEMNIFICATION Neither party hereto shall be liable for any damages proximately resulting
from the negligent or wrongful acts or omission of the other party's employees or agents in the
performance of this Agreement; and each party shall indemnify, defend and hold harmless the other party
from any such damage or liability.
Contract #
6. GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of
the State of California.
7. ENTIRE AGREEMENT This Agreement contains the entire understanding between Gardena
and Vernon Police Department. Any prior agreements, promises, negotiations or representations not
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
1. Vernon Police Department shall bill for service rendered at Department's overtime -
hourly rate of the assigned officer per deployment; however, in no case will it exceed the
following maximum rate:
Fy 1: October 2008-September 2009: Officer Hourly Overtime Rate ($68.25 maximum)
Fy 2: October 2009-September 2010: Officer Hourly Overtime Rate ($71.66 maximum)
Fy 3: October 2010-December 2011: Officer Hourly Overtime Rate ($75.24 maximum)
2. Vernon Police Department shall bill for service rendered at Department's overtime -
hourly rate of the assigned sergeant per deployment; however, in no case will it exceed
the following maximum rate. (Only the sergeant from the host agency of each region will
be reimbursed):
Fy 1: October 2008-September 2009: Sergeant Hourly Overtime Rate ($80.00 maximum)
Fy 2: October 2009-September 2010: Sergeant Hourly Overtime Rate ($84.00 maximum)
Fy 3: October 2010-December 2011: Sergeant Hourly Overtime Rate ($88.16 maximum)
B. Payments
Payments to Vernon Police Department for services rendered under the terms of this
Agreement shall be limited to the amount of compensation for hourly overtime services.
Payments to Vernon Police Department for the services rendered will be made by
Gardena within 90 days of receipt of complete and accurate invoices and a daily activity
log for each officer submitted on the deployment date by the participating personnel of
Vernon Police Department. Additionally, statistical collision data will be needed
quarterly. If this information is not provided to Gardena, the Vernon Police Department
will not be paid for the outstanding invoices. In the event of any question or discrepancy
submitted by Vernon Police Department regarding the officer's invoice, Gardena shall
provide Vernon 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 Gardena Police Department — Traffic Bureau at the
following number.
Investigator Sergio Borbon,
Grant Project Coordinator
1718 W. 162"d St.
Gardena CA 90247
Phone: 310-217-6135
Fax to: 310-217-6139
E-mail: sborbon(Mpardenapd.org
Contract #
Formal notices and communications shall be mailed to Vernon Police Department at the
following address:
Vernon Police Department
Attn: Sgt. Brandon Gray
4305 Sante Fe Avenue
Vernon, CA 90058
Phone: (323) 587-5171 / Fax: (323) 826-1483
E-Mail: bgray@covpd.org
10. PARTIAL INVALITITY 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.
11. ADDITIONAL TERMS AND CONDITONS Vernon Police Department agrees to abide by the
General Terms, conditions and certifications contained in OTS Program Manual, Volume II Chapter 6,
Exhibit 6-A.
IN WITNESS WHEREOF, Vernon Police Department and Gardena have caused this Agreement to be
executed and attested by their respective officers duly authorized as of the date set forth above.
Gardena Police Department
BY Dated:
D. Christine Hach
Administrative Services Director
APPROVED AS TO FORM
City Attorney
PARTICIPATING AGENCY
Vernon Police Department
BY Dated:
Chief of Police
Steven Towles
APPROVED AS TO FORM
�I
Jeff A. Harrison, City Attorney
ORANGE\SFISCHER\49853.2
ATTEST:
By:
Manuela Giron, City Clerk
Police Department
City Of Vernon
January 20, 2009
TO: Nelly Giron, City Clerk
FROM: Capt. Calleros
SUBJECT: Agreement for the Avoid the 100 DUI Campaign
Enclosed is one fully executed original agreement between the City of Vernon and the City Gardena. The
agreement is in reference to the "Avoid the 100 DUI Campaign," that was approved by City Council
through Resolution #9739.
1
Contract # 1
Gardena Police Department
Agreement for the "Avoid the 100 DUI Campaign (West) Los Angeles County"
This Agreement for participating in the Avoid the 100 DUI Campaign (West) Los Angeles County Grant
Project ("Project") is made and entered into this 1st day of October 2008, and between Gardena Police
Department ("Gardena") and Vernon Police Department for the following reasons:
A. Gardena is providing the fiscal pass -through services for participating agencies for the
successful financial management of the Project.
B. The Project allows Gardena to reimburse each participating agency for personnel
assigned for certain deployments or details. The Project will reimburse a participating
agency for assigned personnel (one officer) on an overtime basis, working an eight -hour
shift during a saturation patrol, provided that the agency allocates an additional officer at
the participating agency's cost. This additional officer will be provided in support of the
officer paid the overtime. The Project will reimburse a participating agency for personnel
assigned (one officer) to arrest warrant detail on an overtime basis for an eight -hour shift.
For personnel assigned to checkpoints, the Project will reimburse for twelve officers on
an overtime basis for eight -hour shifts from the host agency. If additional officers are
needed, they will be recruited from participating agencies. A total of twelve officers and
one sergeant per checkpoint. At the end of each fiscal year, if there are sufficient funds,
the Project will attempt to reimburse for the times when only one officer was provided for
the deployments. The agencies will be reimbursed in the following order:
1. Agencies that provided one officer for saturation deployments and have less than 20
sworn personnel.
2. The agencies that provided two officers for saturations deployments at least 50% of
the time.
3. The agencies that` provided more than two officers for saturation deployments.
4. The agencies that only provided one officer foe saturation deployments and have more
than 20 sworn personnel.
5. The agencies that provided more than one officer for warrant details and checkpoints.
6. The agency that provided an additional sergeant to any deployment.
1. SCOPE OF OVERTIME SERVICES Vernon Police Department shall provide one or more
officer(s) to work in conjunction with members of participating agencies for the primary purpose of
identifying and arresting under the influence drivers and serving arrest warrants for driving under the
influence related offenses.
2. SCOPE OF TASK FORCE ACTIVITIES Vernon Police Department shall designate a
representative of its traffic unit to participate in any regional meetings relating to the Project. Vernon
Police Department shall participate in enforcement days, warrants service details, checkpoints, and
during the December two -week Holiday Deployment period to the best of its ability.
3. PERIOD OF PERFORMANCE This Agreement shall commence on October 1, 2008, and shall
conclude on September 30, 2011, unless 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.
4. FORCE MAJEURE Vernon 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 Vernon 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.
5. INDEMNIFICATION Neither party hereto shall be liable for any damages proximately resulting
from the negligent or wrongful acts or omission of the other party's employees or agents in the
performance of this Agreement; and each party shall indemnify, defend and hold harmless the other party
from any such damage or liability.
Contract #
6. GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of
the State of California.
7. ENTIRE AGREEMENT This Agreement contains the entire understanding between Gardena
and Vernon Police Department. Any prior agreements, promises, negotiations or representations not
expressly set forth herein are oflno force or effect. Subsequent modifications to this Agreement shall be
effective only if in writing and signed by both parties.
ALLOWABLE COSTS AND PAYMENTS
A. Allowable Costs
1. Vernon Police Department shall bill for service rendered at Department's overtime -
hourly rate of the assigned officer per deployment; however, in no case will it exceed the
following maximum rate:
Fy 1: October 2008-September 2009: Officer Hourly Overtime Rate ($80.84 maximum)
Fy 2: October 2009-September 2010: Officer Hourly Overtime Rate ($84.88 maximum)
Fy 3: October 2010-December 2011: Officer Hourly Overtime Rate ($89.12 maximum)
2. Vernon Police Department shall bill for service rendered at Department's overtime -
hourly rate of the assigned sergeant per deployment; however, in no case will it exceed
the following maximum rate. (Only the sergeant from the host agency of each region will
be reimbursed):
Fy 1: October2008-September2009: Sergeant Hourly Overtime Rate ($101.12 maximum)
Fy 2: October2009-September2010: Sergeant Hourly Overtime Rate ($106.17 maximum)
Fy 3: October201 0-December201 1: Sergeant Hourly Overtime Rate ($111.48 maximum)
B. Payments
Payments to Vernon Police Department for services rendered under the terms of this
Agreement shall be limited to the amount of compensation for hourly overtime services.
Payments to Vernon Police Department for the services rendered will be made by
Gardena within 90 days of receipt of complete and accurate invoices and a daily activity
log for each officer submitted on the deployment date by the participating personnel of
Vernon Police Department. Additionally, statistical collision data will be needed
quarterly. If this information is not provided to Gardena, the Vernon Police Department
will not be paid for the outstanding invoices. In the event of any question or discrepancy
submitted by Vernon Police Department regarding the officer's invoice, Gardena shall
provide Vernon 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 Gardena Police Department — Traffic Bureau at the
following number.
Investigator Sergio Borbon,
Grant Project Coordinator
1718 W. 162" d St.
Gardena CA 90247
Phone: 310-217-6135
Fax to: 310-217-6139
E-mail: sborbon(a)_gardenapd.orq
Contract #
Formal notices and communications shall be mailed to Vernon Police Department at the
following address:
Vernon Police Department
Attn: Sgt. Brandon Gray
4305 Sante Fe Avenue
Vernon, CA 90058
Phone: (323) 587-5171 / Fax: (323) 826-1483
E-Mail: bgray@covpd.org
10. PARTIAL INVALITITY 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.
11. ADDITIONAL TERMS AND CONDITONS Vernon Police Department agrees to abide by the
General Terms, conditions and certifications contained in OTS Program Manual, Volume II Chapter 6,
Exhibit 6-A.
IN WITNESS WHEREOF, Vernon Police Department and Gardena have caused this Agreement to be
executed and attested by their respective officers duly authorized as of the date set forth above.
Gardena Police Department
BY brl_r'Zr�Dated: it 3 _0 7
D. Christine Hach
Administrative Services Director
APPROVED AS TO FORM
City ttorney
PARTICIPATING AGENCY
Vernon Police De p m nt
B Dated:
Chief of Police
Steven Towles
APPROVE S TO FORM
r
f A. arrison, City Attorney
ORANGE\SFISCHEM49853.2
ATTES
By: D�
anuela Giron, City Clerk
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: October 29, 2008
TO: Steve Towles, Chief of Police
FRO'. Nelly Giron, City Clerk.
RE: Resolution No. 9739 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of an Agreement for the "Avoid the 100 DUI
Campaign (West) Los Angeles County" by and Between the
Vernon Police Department and the Gardena Police
Department
Per your request for your transmittal are two partially executed
agreements, as referenced above, approved by City Council on
October 20, 2008, through Resolution No. 9739.
Please ensure that one fully executed original agreement is
returned to me.
Thank you.
NG:dr
c: Daniel Calleros
Resolution No. 9739
Agreement No. 08-105
Police Department
City Of Vernon
October 14, 2008
TO: Chief Towles
FROM: Capt. Calleros
SUBJECT: Avoid the 100 Los Angeles County DUI Task Force
Attached is the agreement for the "Avoid the 100 DUI Campaign" (West) Los Angeles County grant
project for review and approval. The City of Gardena Police Department is the host agency and is the
fiscal pass -through agency providing the services for participating agencies. Gardena will provide
reimbursement to each participating agency for personnel working overtime shifts(s) to staff special
enforcement operations as detailed in the grant and scheduled and approved by the grant administrator.
The performance period for this grant is October 1, 2008 through September 30, 2011.
Upon completion of the signature, please forward the agreement to me and I will coordinate the delivery
of the document.
cc: Sgt. Gray
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