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HomeMy WebLinkAboutRES NO 117-10RESOLUTION NO. 1 1 7 10 A RESOLUTION DETERMINING THAT THE CHIEF OF POLICE IS APPOINTED AS AGENT AUTHORIZED TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE KERN ALLIED AGENCIES PARTICIPATING IN THE KERN AVOID 18 PROJECT FUNDED BY A GRANT FROM THE CALIFORNIA OFFICE OFTRAFFIC SAFETY. WHEREAS, the Bakersfield Police Department (BPD) has been awarded a grant from the California State Office of Traffic Safety (OTS) in the amount of $345,492.00to serve as the host agency for a Regional DUI effort in Kern County (AVOID 18) to reduce alcohol-involved fatalities and injuries and raise general public awareness regarding the problems associated with drinking and driving and WHEREAS, the City Council appropriated this grant award into the General Fund Police Operating Budget on September 8, 201 Q and WHEREAS, a portion of the OTS AVOID 18 grant provides $78,912.00 for allied agencies to participate in this regional DUI enforcement, and OTS requires each participating agency to formally commit to the program by executing a Memorandum of Understanding (MOU); and WHEREAS, the Bakersfield Police Department, as grantee, is responsible for obtaining MOUs from each participating agency prior to authorizing funds toward allied agency DUI operations; and WHEREAS, the Chief of Police needs the ability to promptly and efficiently execute MOUs with said allied agenciesdue to the strict time requirements of the OTS grant NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Bakersfield has determined that the Chief of Police is appointed as agent authorized to execute Memorandums of Understanding (MOUs) with the Kern allied agencies participating in the Kern AVOID 18 Project funded by a grant from the California Office of Traffic Sc6ty. NOW, BE IT FURTHER RESOLVED, that the Police Departmentis hereby authorized and empowered to execute in the name of the City of Bakersfield, all necessary, contracts, payment requests, agreements and amendments thereto for the purpose of securing grant funds, implementing and carrying out the purposes specified in the grant application, and drawing down grant funds as necessary 000---------- Page 1 of 2 Pages N K F, o.~ U TRIG W I_ I HEREBY CERTIFY that the foregoing Resolution was passed and adop $lU by the Council of the City of Bakersfield at a regular meeting thereof held on OCT 1 3 by the following vote: VEESS y COUNCILMEMBER CARSON, BE HAM, WE R COU i, HANSON, SULLI AN, SCR VNER COUNCILMEMBER_ r110rW ABSTAIN: COUNCIL MEMBER ABSENT: COUNCILMEMBER L CITY CLERK and Ex OffWerk e Cou ncil of the City of Bakersfield APPROVED OCT 13 2010 By HARVE Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, City Attorney By ffio~~~ Christine Im Associate City Attorney -Page 2 of 2 Pages - y rrr. C)RIC,IrV~~ AGREEMENT NO. MEMORANDUM OF UNDERSTANDING BETWEEN THE BAKERSFIELD POLICE DEPARTMENT AND THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into this day of 2010, by and between the Bakersfield Police Department (hereinafter "BPD") and (hereinafter RECITALS WHEREAS, the Kern AVOID project aims to reduce alcohol related fatal and injury traffic collisions in Kern County by conducting DUI Drivers License checkpoints, DUI saturation patrols, court stings, warrant sweeps and other enforcement events throughout the grant cycle. WHEREAS, Kern AVOID has a project agreement with the California Office of Traffic Safety (hereinafter "OTS") for participating/partnering agencies; and the Bakersfield Police Department will work cooperatively with these agencies to reduce alcohol related fatal and injury collisions in Kern County. In furtherance of this agreement, BPD and agree to fully support the goals and objectives of the "Kern AVOID the 18" project agreement with "OTS." WHEREAS, BPD and desire to support and further the goals and objectives of the Kern AVOID the 18 project agreement by entering into this MOU and participating in the AVOID campaign. NOW, THEREFORE, incorporating the foregoing recitals herein, BPD and mutually agree as follows: 1. PURPOSE. To work together in an effort to plan, organize and conduct DUI Drivers License checkpoints, DUI saturation patrols, warrant sweeps, court stings and other DUI related enforcement events, with the expectation of reducing the number of persons injured or killed each year in DUI related collisions in Kern County. 2. TERM. shall not begin work until authorized to do so in writing by BPD. No work will be authorized until this MOU has been C A DOCUME-1 \plawrenc \ LOCALS- I \Temp \XPGrpWise\ AVOID MOU_Blank.doc gAK~~, Page 1 of 6 Pages '1Ra3rr ~ fully executed by BPD and The term for this MOU shall end on September 30, 2011. 3. RESPONSIBILITIES OF BPD. BPD shall: 3.1. Administer the project agreement with OTS, including submitting all required financial and programmatic reports, 3.2. Reimburse allied agencies for personnel costs associated with grant funded activities from previous quarter. Eligible costs include hourly overtime costs for officers, deputies, sergeants, community service officers, dispatchers and clerical positions, "Straight time" and administrative overhead will not be reimbursed. 3.3. Participate in all project related enforcement activities and take turns coordinating and hosting enforcement operations on a mutually agreeable rotational basis with the other participating agencies. 3.4. Schedule project related meetings as needed to coordinate activities, 3.5. Ensure that the total amount for reimbursable overtime expenses from this grant shall not exceed $ 78,912,00 total for all participating agencies, 3.6. Allow use of the AVOID DUI Checkpoint Vehicle along with related checkpoint equipment on a first come basis for any participating agency as needed. 4. RESPONSIBILITIES OF shall: 4.1. Assign staff to assist with all project-related enforcement activities, including the Memorial Day holiday, July 4th holiday, Labor Day holiday period, Winter Maximum Enforcement period, and other identified enforcement events/activities as identified by the multi-agency coordinating committee, 4.2. To take turns coordinating and hosting enforcement operations on a mutually agreeable rotational basis with the other participating agencies, 4.3. Attend project related meetings to schedule/coordinate and debrief activities as needed, 4.4. Submit invoices and proper documentation (copies of salary schedules and overtime payroll records) to BPD promptly following enforcement activities. All invoices CADOCUME-1 \plawrenc\ LOCALS- 1 \Temp\XPGrpWise\AVOID MOU_Blank.doc Page 2 of 6 Pages ~ g AK~c~ r r t must be received by the Office of the Chief of Police, City of Bakersfield at least 15 days prior to the end of each quarter, with an exception in the 4th quarter in which the invoices shall be due no later than 30 days after the activity for which reimbursement is being requested. Invoices received after 30 days following the end of the 4th quarter will not be honored due to OTS reporting requirements. 4.5. Conduct budgeted grant activities by agency personnel on an overtime basis. Grant funded operations may be conducted by personnel such as Sergeant, Officer, Corporal, Deputy, Community Services Officer and Dispatcher depending on the titles used by the agency. Personnel will be deployed as needed to accomplish the grant goals and objectives. A deployment plan and staffing level for each activity will be developed and each agency will be advised ahead of time as to level of participation from their agency that is to be requested. 4.6. Collect and submit statistics on project activities necessary for completion of specific grant reporting requirements prior to being reimbursed for expenses incurred from this grant. 4.7. Assume responsibility for the conduct and actions of their personnel. 4.8. Ensure that this agency in partnership with the Kern AVOID the 18 project agreement with OTS does not exceed $ 78,912.00 for all participating agencies, and acknowledge that BPD has sole discretion in the appropriation and allocation of funds in the unlikely event that total expenses exceed $78,912.00 for all participating agencies. 5. CONFIDENTIALITY. Information provided to by BPD is to be considered confidential information, shall not reveal any information provided by BPD, for the purpose of this MOU, to any party not authorized by BPD herein. 6. COMPENSATION. 6.1 Costs are estimated based on an overtime hourly rate range of $54.61 per hour to $68.69 per hour (benefits are not included in the overtime rate). C:\DOCUME-l \plawrenc\LOCALS-1 \Temp \XPGrpWise\ AVOID MOU_Blank.doc O 4- R7 t- Page 3 of 6 Pages v C ORIClNA! 6.2 Overtime reimbursement (overtime hourly rate) will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. 7. Amendments. This MOU may be amended at any time by mutual agreement of the parties without additional consideration, provided that before any amendment shall take effect, it shall be reduced to writing and signed by the parties. 8. Assignment. Neither this MOU nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this MOU (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 9. Captions. Captions and headings in this MOU are solely for the convenience of the parties, are not a part of this MOU, and shall not be used to interpret or determine the validity of this MOU or any of its provisions. 10. Notices. All notices relative to this MOU shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: BPD: BAKERSFIELD POLICE DEPARTMENT 1601 Truxtun Avenue Bakersfield, California 93301 CADOCUME-1 \plawrenc\LOCALS- 1 \Temp\XPGrpWise\AVOID MOU_Blank.doc Page 4 of 6 Pages o~~AKr~v; r; v c 11. Compliance With All Laws. shall, at 's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this MOU, and shall faithfully observe in all activities relating to or growing out of this MOU all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force. 12. Independent Contractor. This MOU calls for the performance of the services of the parties as independent contractors entering into a cooperative agreement. No party is an agent or employee of any other party for any purpose and is not entitled to any of the benefits provided by any party to its employees. This MOU shall not be construed as forming a partnership or any other association between parties. 13. Liability. No party shall be liable to the other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury or death of persons arising solely from any act or omission of the other party's officers, agents, or employees. 14. Binding Effect. The rights and obligations of this MOU shall inure to the benefit of, and be binding upon, the parties to the MOU and their heirs, administrators, executors, personal representatives, successors and assigns. 15. Corporate Authority. Each individual signing this MOU on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this MOU. 16. Execution. This MOU is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this MOU. Section 1654 of the California Civil Code shall not apply to the interpretation of this MOU. 17. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this MOU and the intent of the parties to this MOU. C:\DOCUME-1 \plawrenc \ LOCALS- 1 \Temp\XPGrpWise\AVOID MOU_Blank.doc Page 5 of 6 Pages OI6AKF~~, _ r- 0 C ORIGINP 18. Merger and Modification. This MOU sets forth the entire agreement between the parties and supersedes all other oral or written representations. 19. Termination. This MOU may be terminated by any party upon ten (10) days' written notice, served by mail or personal service, to all other parties. 20. Resource Allocation. All obligations of BPD under the terms of this MOU are subject to the appropriation and allocation of resources by BPD. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed, the day and year first-above written. FOR THE BPD: By: FOR THE By: GREG WILLIAMSON Chief of Police Chief of Police APPROVED AS TO CONTENT: VIRGINIA GENNARO City Attorney By: CHRISTINE IM Associate City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director C:\DOCUME-1 \plawrenc\LOCALS--1 \Temp\XPGrpWise\AVOID MOU_Blank.doc Page 6 of 6 Pages ~$NKI,~ F-°