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-°