Resolution No. 2012-221RESOLUTION NO. 2012-221
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, 2012 through September 30, 2013; and
WHEREAS, by memo dated October 24, 2012, the Interim Chief
of Police has recommended that the City of Vernon participate in the
Project, that the City Council approve an agreement with Gardena; 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
enhanceservicesprovided to the Vernon community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for the "Avoid the 100 DUI Campaign (West) Los
Angeles County" with the City of Gardena Police Department, in
substantially the same form as the copy which is attached hereto as
Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or. Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the Interim City Clerk, or
Deputy City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of,Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized, including but not limited
to, any non -substantive changes to the Agreement attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the. Interim City Clerk, or the Interim City Clerk's designee,
to send a fully executed Agreement to the City of Gardena Police
Department.
SECTION 6: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
- 2 -
SECTION 7: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this
resolution, and the Interim City Clerk of the City of Vernon shall
cause this resolution and the Interim City Clerk's certification to be
entered in the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 6th day of November, 2012.
IN
N William J. Davis
ATTFUT:
e�d,— Inte`rim City Clerk
ame.
Title: Mayor
_3_
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-221,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, November 6, 2012, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this 45 day of November, 2012, at Vernon, California.
D na Reed, Interim City Clerk
(SEAL)
_4_
OTS Grant Number
#ALI3.58
""Avoid the 100 D" Campaign (West)"
Grant Projeet
Grant Agreement between the Gardena Police Department and Vernon
Police Department
This Agreement for participating in the Avoid the 100 DUI Campaign (West) Los. Angeles County Grant
Project AL1358 is made and entered into this 1st day of October 2012, between the Gardena Police
Department ("Gardena") and the Vernon Police Department for the following reasons:
WHEREAS, Gardena is providing the fiscal pass -through services for participating agencies for
the successful financial management of the Project;
WHEREAS the Project allows Gardena to reimburse each participating agency for personnel
assigned for certain deployments or details, according to the terms and conditions of this
agreement; and
WHEREAS, the Vernon Police Department desires to become a participating agency for the
project.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. SCOPE OF OVERTIME SERVICES The 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 other enforcement activities as authorized.
2. SCOPE OF VERNON POLICE DEPARTMENT GRANT ACTIVITIES The Vernon Police
Department shall designate a representative of its traffic unit to participate in any regional meetings
relating to the Project. The Vernon Police Department may participate in approximately 35 saturation
patrols, warrants service operations, court sting operations, and DUI checkpoints. All detail deployments
and dates must be authorized by Gardena.
3. PERIOD OF PERFORMANCE This Agreement shall commence on October 1, 2012 or upon the
date indicated next to the participating Agency official signatures. This agreement shall remain in effect
until September 30, 2013, 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 The 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 the 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.
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
the 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.
OTS Grant Number
#aLr358
"Avoid the 100 lD" Campaign (West)"
Grant Projeet
Grant Agreement between the Gardena Police Department and Vernon
Police Department
8. ALLOWABLE COSTS AND METHOD OF REIMBURSEMENT
A. Allowable Costs
1. The Vernon Police Department shall bill for service rendered at its overtime -hourly
rate of the assigned sworn officer per deployment. Reimbursement requests may not
include benefit charges.
2. The Vernon Police Department shall bill for services rendered at its overtime -hourly
rate of the assigned sergeant per deployment. An additional sergeant may submit an
invoice requesting reimbursement if previously authorized and requested by the Gardena
Police Department.
3. The Vernon Police Department shall bill for service rendered at its overtime -hourly
rate or hourly rate (if overtime rates are not applicable) of the assigned non -sworn
personnel (i.e. cadets, community service officers, police assistants, etc.) only on pre -
authorized deployments. Reimbursement requests may not include benefit charges.
B.1. Reimbursement Payments
Payments from the Gardena to the Vernon Police Department for services rendered
under the terms of this agreement shall be limited to the amount of actual compensation
for hourly overtime services, not including benefits. Gardena shall make payment within
90 days of receipt of the completed request. The required documents for the request are
an original signed invoice, an activity log sheet prepared by the officer(s), and a verified
invoice from payroll accepted by Gardena. Additionally, statistical collision data shall be
provided by the Vernon Police Department upon request by the Gardena Police
Department. If accurate collision data is not provided to Gardena, the Vernon Police
Department may not be reimbursed for any invoices not previously paid. In the event of
any discrepancies relating to invoices submitted by the Vernon Police Department,
Gardena shall provide the Vernon Police Department with a written statement objecting
to the charges within 60 days of the receipt of invoice(s).
2. Invoice Submission and Verification by Payroll Personnel
The Vernon Police Department shall provide the Gardena with a direct contact
to the Vernon Police Department's payroll personnel. The contact information shall
include the name, telephone number and email address of at least one employee from
the Vernon Police Department payroll. department who is authorized to verify payroll
data. Agencies should attempt to provide two points of contacts from the payroll
department in the event the primary contact is unavailable.
The "grant reimbursed" officer shall submit a completed and signed invoice to the
Gardena within 72 hours of the detail worked. Gardena will later send an electronic copy
of the invoice to the Vernon Police Department payroll department for verification. The
Vernon Police Department payroll employee shall verify the officers' pay from the
Vernon Police Department, including the hours worked and the hourly overtime rate of
the that officer. The, "overtime" rate shall be calculated at one hour and one half the
officer's hourly rate without any benefits included. Upon completion of verification the
2
OTS Graut Number
#AL1358
"Avoid the 100 DtTl Campaign (West)"
Grant Projeet
Grant Agreement between the Gardena Police Department and Vernon
Police Departrnent
payroll employee shall sign the lower portion of the invoice indicating the completion of
verification and by whom. The payroll employee or agency -shall electronically return the
verified invoice to Gardena within 7 working days of receipt. Once the invoice has been
received and accepted by Gardena, the invoice will be processed for reimbursement. If
Gardena does not receive either the original invoice from the officer within 72 hours, or
the verified invoice within 7 working days, the Vernon Police Department may not be
reimbursed for that particular invoice.
C Officer Deployments
Saturation Patrols- There are approximately 35 deployment dates that were tentatively
scheduled for this grant period that are subject to change or cancellation. Gardena will
reimburse the Vernon Police Department for assigned personnel ("Grant reimbursed
Officer') on an overtime basis working a saturation patrol provided that the Vernon
Police Department allocates an additional officer (Agency sponsored Officer) at the
Vernon Police Department's cost. The Vernon Police Department must have notified
and received authorization from Gardena or its designee of the planned participation.
The additional officer provided by the Vernon Police Department will be in support of
the "Grant reimbursed Officer'. All officers will complete an AVOID the 100 DUI
Deployment unit log sheet and invoice. The "Grant reimbursed officer' must sign the
invoice. The log sheet and the invoice shall be electronically submitted to Gardena by the
"Grant reimbursed Officer" or their agency within 72 hours. If the "Grant reimbursed
Officer" works over the pre -approved time (typically 8 hour shifts) they should include the
arrest/report number and/or the reason for the extended time shall be noted on the log
sheet prior to faxing to Gardena. Vernon Police Department may not be reimbursed
officers performing for non -AVOID grant related activities such as handling calls for
service. If officers assigned to an AVOID deployment, assist other officers in an
emergency that is not AVOID Grant related for an extended period of time, this time
should be noted and deducted from the invoice. Failure to comply with this policy may
result in the Vernon Police Department not being reimbursed.
Checkpoint Details- Agencies must be pre -authorized by Gardena to conduct a DUI
checkpoint. Opportunities to conduct a checkpoint are typically assigned at the
scheduling meeting at the beginning of the grant year. Agencies with prior authorization
will be allotted $9,500.00 for the funding of sworn personnel per checkpoint. These funds
are solely for sworn personnel on an overtime basis assigned to work AVOID the 100
funded checkpoints. A maximum of $1,175.00 will be allotted for the funding of non
sworn personnel specifically assigned to assist with the set-up and take -down of "AVOID
the 100" funded checkpoints and the processing of vehicles for storage during the
checkpoints. These funds shall not be used to fund any other non -sworn or sworn
position. Agency supervisors conducting AVOID the 100 DUI checkpoints should attend
the OTS approved checkpoint management and planning training and abide by state law
and OTS guidelines.
D. Other Details
The Avoid the 100 (West) will participate in two (2) warrant details and two (2) court sting
operations. One warrant detail and one court sting operation will be conducted during the
winter mobilization period. One warrant detail and one court sting operation will be
conducted during the summer mobilization period. Each warrant detail should be an eight
(8) hour shift. Each court sting operation should be an eight (8) hour shift but may be
3
OTS Grant Nuutber
#AL1358
"Avoid the 100 D" Campaign (West)"
Grant Pro
jeet
Grant Agreement between the Gardena Police Department and Vernon
Police Department
ended earlier by the on -duty supervisor or designee if need be. The Vernon Police
Department, with prior authorization from Gardena, should provide one (1) officer for
each warrant detail and each court sting detail at an overtime rate. The "overtime" rate
shall be calculated at one hour and one half the officer's hourly rate without any benefits
included.
Participants of the Avoid the 100 should also participate in the annual DUI expo held at El
Camino College during the month of April and the MADD recognition luncheon held in the
month of March. These details are not grant reimbursable by the City of Gardena or
OTS.
E. Other Reimbursement
Gardena may authorize additional personnel to be reimbursed during any type of
scheduled deployments. If additional personnel are requested by Gardena and
authorized, Gardena will reimburse the additional officers as agreed upon.
9. NOTICES Formal notices, communications and demands for payment shall be made in
writing and electronically sent to the Gardena Police Department — Traffic Bureau at the
following location and numbers.
Investigator Victor Gomez,
Grant Project Coordinator
1718 W. 162"d St.
Gardena CA 90247
Phone: 310-217-6135
Fax to: 310-217-6139
E-mail: vgomez@gardenapd.org
Formal notices and communications shall be electronically sent to the Vernon Police
Department at the following location and numbers:
Vernon Police Department
Attn: Sgt. Daniel Santos
4305 Santa Fe Avenue
Vernon, CA 90958
Phone: (323) 587-5171/Fax: (323) 826-1483
E-Mail: dsantos@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 The Vernon Police Department agrees to abide by
the General Terms, conditions and certifications contained in OTS Program Manual
4
OTS Grant Number
#ALl3s8
"Avoid the 100 DUI Campaign (West)"
Grant Pro et
Grant Agreement between the Gardena Police Department and Vernon
Police Depart»ent
IN WITNESS WHEREOF, The 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 Aidzl Dated:
D. Christine Hach
Administrative Services Director
O ORM
Peter Wallin
City Attorney
PARTICIPATING AGENCY
Vernon Police Department
f f l
BY.....,. ✓ Dated: 1 f f �-
William Davis, M y
APP D AS TO FOM
i�lG'rL
Nicholas Rodriguez, City Attorney
REC IveU
OCT 9 9 2012
01 r GLLiiK`S Orr -id
STAFF REPORT
VERNON POLICE DEPARTMENT
DATE: October 24, 2012
TO: Honorable Mayor and City Council
FROM: Daniel Calleros, Interim.Chief of Police
ec ,Ep��o✓erg
RECEIVEDJ1Z
OCT 2� 2012
CITY ADMINISTRATION
RE: Agreement for the Avoid 100 DUI Campaign (West) Los Angeles County
Purpose
The purpose of this memorandum is to request approval from City Council for the execution of
the attached agreement with the Gardena Police Department. Upon approval, the Vernon
Police Department will be eligible to receive reimbursements for police officer and sergeants
that participate in the Avoid the 100 DUI Campaign (West) Los Angeles County.
Background
The Gardena Police Department received a grant from the Office of Traffic Safety for operating
and managing the Avoid the 100 DUI Campaign (West) for the Los Angeles County area. The
goals of the program include reducing DUI -related traffic collisions and raising public awareness
about DUI enforcement activities in the Los Angeles region. .
In order to accomplish the goals of the program, The Gardena Police Department has solicited
the help from agencies within the West Los Angeles County area. Agencies that assist will
participate in various enforcement activities, including: saturation patrol details, warrant service
details, and DUI checkpoints. Participating agencies that provide personnel on an overtime
basis will be reimbursed for a majority of the overtime related costs.
The Vernon Police Department has participated in this program for a number of years. During
the last year of participation, the Police Department provided two (2) police officers from the
patrol division, for saturation patrols as well as DUI checkpoints.
In order to ensure the Police Department is eligible to receive the reimbursements, a signed
copy of the agreement must be returned to the Gardena Police Department.
Reimbursements will be made within 90 days of receipt of an invoice, activity log, and quarterly
traffic collision report. In addition, the agreement requires the City of Vernon to hold the City of
Gardena harmless from any liability, loss, expense, attorney's fees, or claims for injuries or
damages arising out of the performance of the agreement. The term_ of this agreement shall
remain in, effect until September 30, 2013.
Program Activities
The Police Department anticipates providing two (2) police officers to participate in saturation
patrol activities for the duration of the agreement. During increased enforcement periods, the
Police Department will attempt to provide additional officers, if available. Providing police
officers for warrant service details and DUI Checkpoints will be strictly based upon staffing
availability.
The Gardena Police Department will reimburse participating agencies for most related overtime
costs. Reimbursements will be made to agencies that provide personnel in the following
manner:
• One (1) police officer on an overtime basis, working eight (8) hour shift during a
saturation detail provided the participating agency allocates one (1) police officer at their
costs.
• One (1) police officer on an overtime basis, working eight (8) hour shift during a warrant
arrest detail.
• Personnel assigned to checkpoints: Fourteen (14) police officers, four (4) police
assistants, and a sergeant on an overtime basis, working an eight (8) hour shift from the
host agency.
If sufficient funds are available at the end of the fiscal year, the Gardena Police Department will
attempt to reimburse agencies for the times when only one (1) police officer was provided for
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 saturation 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.
Agreement Review
The. City Attorney's Office has review and approved the agreement as to form.
Recommendation
The Police Department is recommending participation in the Avoid the 100 DUI Campaign for
the Los Angeles region. By approving the agreement the police department will be eligible to
participate in the program and receive reimbursement for most of the overtime costs associated
with this regional program.
Attachments:
0 Two (2) Avoid the 100 DUI Campaign agreements