HomeMy WebLinkAbout2005-03-01; City Council; 17992; Police Officers forTraffic Safety DUI EnforcementCITY OF CARLSBAD -AGENDA BILL
9~# 17,992
MTG. 3/1/05
DEPT. POL
TITLE: DEPT. HD.~&
AGREEMENT TO PROVIDE POLICE OFFICERS FOR
OFFICE OF TRAFFIC SAFETY DUI ENFORCEMENT
AND APPROPRIATION OF FUNDS
CITY ATTY.
CITY MGR-GP
RECOMMENDED ACTION:
Adopt Resolution No. 2005-051 approving an agreement to provide Carlsbad
police officers for approximately 80 hours for Office of Traffic Safety DUI enforcement with
San Diego Police Department, and the appropriation of funds for these overtime expenses.
ITEM EXPLANATION:
San Diego Police Department is participating in a grant program with the State of California, Office of
Traffic Safety (OTS) DUI Pace Car Grant to help reduce the incidence of underage drinking and
alcohol-related offenses throughout San Diego County.
Under the terms of the grant, San Diego Police Department is authorized to reimburse Carlsbad
Police Department for overtime related to the enforcement of alcohol control laws. San Diego Police
Department will reimburse Carlsbad Police Department for approximately 80 hours of billed overtime
worked by Carlsbad officers in support of the OTS grant for a total approximate dollar amount of
$4,000. Overtime worked will be within the City of Carlsbad or in conjunction with allied agencies.
FISCAL IMPACT:
The appropriation of $4,000 will be offset by reimbursement from San Diego Police Department
totaling approximately $4,000.
EXHIBITS:
1. Resolution No. 2005-051
2. Agreement with San Diego Police Department to reimburse Carlsbad Police
Department for overtime expenses related to OTS DUI Pace Car Grant Program
DEPARTMENT CONTACT: Lynn Diamond, 760-931 -21 70 email: Idiam@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
SAN DIEGO POLICE DEPARTMENT TO PROVIDE CARLSBAD
POLICE OFFICERS FOR OFFICE OF TRAFFIC SAFETY DUI
ENFORCEMENT AND THE APPROPRIATION OF FUNDS.
WHEREAS, the State of California wishes to reduce the incidence of underage drinking
and alcohol-related offenses through the Office of Traffic Safety DUI Pace Car Grant; and
WHEREAS, San Diego Police Department is authorized to reimburse Carlsbad Police
3epartment for 80 hours of overtime related to the enforcement of alcohol control laws totaling
approximately $4,000; and
WHEREAS, the Council approves such an agreement with San Diego Police Department
:o reimburse Carlsbad Police Department for these expenses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Zalifornia, as follows:
1. That the above recitations are true and correct.
2. That the Police Chief is authorized to execute all appropriate agreements with San Diego
Police Department for program participation and reimbursement; and
3. That the Finance Director is authorized to appropriate $4,000 for overtime expenses.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 15t day of MARCH , 2005 by the following vote, to wit:
4YES: Council Members Lewis, Kulchin, Packard, Sigafoose
4TTEST:
[SEAL)
AGREEMENT TO REIMBURSE CARLSBAD POLICE DEPARTMENT
FOR OVERTIME EXPENSES RELATED TO
THE CALIFORNIA STATE OFFICE OF TRAFFIC SAFETY
DUI PACE CAR GRANT
The San Diego Police Department, hereinafter referred to as SDPD, and
Carlsbad Police Department enter into this Agreement for the purpose of reducing
the incidence of underage drinking and alcohol-related offenses throughout San
Diego County:
WHEREAS, the SDPD is participating in a grant program with the State of
California, Office of Traffic Safety DUI Pace Car Grant, hereinafter referred to as
OTS, for the period October 1 , 2004 through September 3 1,2005.
WHEREAS, under the terms of the grant program with OTS the SDPD is
authorized to reimburse Carlsbad Police Department for overtime related to
enforcement of alcohol control laws.
NOW, THEREFORE, it is mutually agreed between the parties as follows:
1. SDPD will reimburse Carlsbad Police Department for approximately
80 hours billed for overtime worked by its officers in support of the OTS
Grant. The overtime rate will not exceed $50 per hour, per officer, for a
total approximate dollar amount of $4,000.00.
2. SDPD will reimburse Carlsbad Police Department for the following
activities in support of the OTS Grant in San Diego County:
0 Party dispersaWnderage drinking enforcement operations
Minor decoy operations
Shoulder tap decoy programs
0 DUI Enforcement operations
3. Monies not spent on overtime for Carlsbad Police Department officers
may be reprogrammed for use by other participating agencies.
4. SDPD will designate a specific contact person to authorize in advance
all overtime worked by Carlsbad Police Department officers in
support of the OTS grant. No reimbursement will be provided for any
overtime worked by Carlsbad Police Department staff without prior
authorization by the designated SDPD employee. Carlsbad Police
Department will designate a specific contact person to whom SDPD
will provide overtime authorization.
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- OTS DUI Pace Car Grant
Page 2
5. Carlsbad Police Department will invoice the SDPD, on a monthly
basis, for overtime hours worked by its officers, as follows:
A. Overtime hours billed will be for actual costs, up to a maximum of $50
per hour, per officer;
B. Invoices will include supporting information, including timesheets and
any other supporting cost documentation, as well as the signature of an
authorized officer certifjrlng that the billing is true and correct;
C. Carlsbad Police Department will fax the invoice to the SDPD's,
Traffic Division, at (858) 495-7989 by the last working day of each
month; and
D. Carlsbad Police Department will mail a hard copy of the invoice to the
SDPD's, Traffic Division, 9265 Aero Drive MS 732, San Diego, CA
92 123; Attention: Liz Yard, by the last working day of each month.
6. SDPD will make every effort to reimburse within thirty days after
receipt of the invoice.
7. The parties acknowledge that this agreement is by and between two
independent agents and is not intended to and shall not be construed to
create the relationship of agent, servant, employee, partnership, joint
venture or association.
8. Carlsbad Police Department will maintain complete and accurate records
of all overtime worked and allow examination and auditing of these
records as determined by the SDPD andor the City of San Diego.
9. Neither the SDPD nor the City of San Diego or their employees and agents
(collectively "City Parties") shall be liable for, and Carlsbad Police
Department shall defend and indemnify City Parties, against any and all
claims, demands, liability, judgments, awards, fines, mechanics' liens or
other liens, labor disputes, losses, damages, expenses, charges or costs of
any kind or character, including attorneys' fees and court costs
(hereinafter collectively referred to as "Claims"), related to in this
Agreement and arising either directly or indirectly from any act, error,
omission or negligence of Carlsbad Police Department or its contractors,
licensees, agents, servants or employees, including, without limitation,
Claims caused by the concurrent negligent act, error or omission,
whether active or passive, of City Parties. Carlsbad Police Department
shall have no obligation, however, to defend or indemnify City Parties
from a Claim if it is determined by a court of competent jurisdiction that
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OTS DUI Pace Car Grant
Page 3
such Claim was caused by the sole negligence or willful misconduct of
City Parties.
10. No addition or variation of the terms of this Agreement shall be valid
unless made in writing and signed by both parties.
1 1. This Agreement is effective on October 1,2004 and terminates on
September 31,2005.
12. Either SDPD or Carlsbad Police Department may, at its sole option and
for any reason, terminate this Agreement at any time by giving Written
notice to the other party of such termination and specifying the effective
date thereof at least thirty (30) days before the effective date of such
termination.
Carlsbad Police Dep t - /;da ."lo7
an-sdowne, Chief of Police ' Date
San Diego bolice Department