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HomeMy WebLinkAboutItem 4.09 Traffic Safety Grants Avoid the 21~~~~ ~ 1~ ~~~ SUBJECT: ATTACHMENTS: CITY CLERK File # ^~~0'~a X ~~o-~o AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 6, 2009 Approval of Grants for Traffic Safety Activities: Report Prepared by Kurt von Savoye, Lieutenant Resolution Approving Agreements with the Regents of the University of California and Livermore Police Department for participation in the Office of Traffic Safety "Sobriety Checkpoint" and "Avoid the 21" DUI Campaign Grants with Exhibits A and B attached. 2. Budget Change Form RECOMMENDATION: Staff recommends that the City Council: (1) Adopt the resolution approving Agreements with the Regents of the University of California and Livermore Police Department for participation in the Office of Traffic Safety Sobriety Checkpoint and "Avoid the 21" DUI Campaign Grants; and (2) Approve the ~/ Budget Change. FINANCIAL STATEMENT: Dublin Police Services overtime expended on eligible activities will be reimbursed up to a maximum of $28,673.24 for Fiscal Year 2008-2009 l. Sobriety Checkpoint Mini-Grant = $15,673.24 * 2. Avoid the 21 DUI Campaign Grant =$13,000.00 Combined Total for FY 2008-2009 =$28,673.24 (* The second installment of $15,673.24 will be made in Fiscal Year 2009-2010 for Labor Day Checkpoints for a total Grant Allocarion of $31,346.48 from the O~ce of Traffic Safety Sobriery~Checkpoint Grant) DESCRIPTION: Vehicle collisions resulting in injuries and/or fatalities continue to be a major concern for all law enforcement agencies in the State of California. A major causative factar in injury/fatal collisions is alcohol-involved crashes. In an effort to reduce the number of injury/fatal collisions and to raise general public awareness regarding the problems associated with drinking and driving, the California Office of Traffic Safety (OTS) has made available grant funding for local law enfarcement agencies to participate in additional driving under the influence (DUI) enforcement campaigns. The City of Dublin Police Services has recently been awarded funding through two such grants: The Sobriety Checkpoint Mini-Grant, managed by the Regents of the University of California School Of Public Health (OTS Grant #SC09ll9 - Exhibit A to Attachment 1). COPY TO: Page 1 of 2 j~ ITEM NO. - t • ~ C:ADocuments and Settings\ChrisF\I.ocal Settings\Temporary Internet Files\OLKFC\OTS Checkpoint-Avoid 21 Grant.doc ~~ The "Avoid the 21"DUI Campaign Grant, managed by the Livermore Police Department (OTS Grant #AL0995 - Exhibit B to Attachment 1). Both of these grants provide additional funding to enhance existing efforts bylaw enforcement agencies within Alameda County to conduct DUI enforcement campaigns. Cities participating in these programs agree to provide additional staffing for DUI checkpoints, DUI saturation patrols, Multi-Agency DUI Task Force Operations, and Warrant/Probation Sweeps during specified deployment periods. Pursuant to both agreements, Dublin Police Services would participate in organized traffic enforcement and Public Safety Awareness activities within the City of Dublin as well as in partnership with law enforcement agencies from our neighboring communities. These operations are aimed at reducing the number of fatal and injury collisions resulting from impaired drivers. These additional activities are conducted on an overtime basis, the costs for which would be reimbursed through the grant funding. Pursuant to the Sobriety Checkpoint Mini-Grant Agreement, the University of California Berkeley Traffic Safety Center would provide the City of Dublin reimbursement of up to $31,346.48 for overtime expenditures incurred by Dublin Police Services in staffing two sobriety checkpoints that will occur over two fiscal years (Fiscal Year 2008-2009 and Fiscal Year 2009-2010). The Sobriety Checkpoint Mini-Grant program operational phase is October 1, 2008 through September 8, 2009. The operations conducted pursuant to this grant shall be by a mutual agreement between the Regents of the University of California and the City of Dublin, Police Services. The first half, or $15,673.24, of the Mini-Grant funds is intended for operations conducted during the winter campaign and would be expended during Fiscal Year (FY) 2008- 2009. The second half, or $15,673.24, is intended to be expended conducting operations during FY 2009- 2010 (Labor Day Checkpoints) and would therefore be incorporated into that year's budget. The "Avoid the 21"DUI Campaign program operational phase is October 21, 2008, through January 31, 2012. The operations conducted pursuant to this grant shall be by mutual agreement between Livermore Police Department and the City of Dublin Police Services. The Livermore Police Department has allotted an amount of $13,000 to be reimbursed to the City of Dublin for overtime expenditures incurred during operations scheduled for FY 2008-2009. These operations would take place during the winter mobilization period (December 12, 2008 through January 1, 2009) and the St. Patrick's Day weekend operation (March 13, 2008 through March 17, 2008). In addition to reimbursement funds dedicated to the two mobilization periods during FY 2008-2009, Livermore Police Department would continue to provide additional funding for overtime expenditures incurred during future mobilization periods for the life of the "Avoid the 21" DUI Campaign Grant. Any "Avoid the 21"grant funding provided for these future operations would be incorporated into future budgets. A Budget Change is attached which recognizes this revenue, offsetting operational expenditures for Fiscal Year 2008-2009. RECOMMENDATION: Staff recommends that the City Council: (1) Adopt the resolution approving Agreements with the Regents of the University of California and Livermore Police Department for participation in the Office of Traffic Safety Sobriety Checkpoint and "Avoid the 21"DUI Campaign Grants; and (2) Approve the Budget Change. COPY TO: Page 2 of 2 C:\Documents and Settings\ChrisF\Local Settings\Temporary Internet Files\OLKFC\OTS Checkpoint-Avoid 21 Grant.doc i~ -~-~- RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND LIVERMORE POLICE DEPARTMENT FOR PARTICIPATION IN THE OFFICE OF TRAFFIC SAFETY SOBRIETY CHECKPOINT AND "AVOID THE 21" DUI CAMPAIGN GRANTS. WHEREAS, injuries and fatalities resulting from traffic collisions are frequently caused by preventable factors such as driver impairment; and WHEREAS, the Regents of the University of California and Livermore Police Department have received grant funding, through the California Office of Traffic Safety, to partner with the City of Dublin, Police Services in DUI enforcement projects, entitled "Sobriety Checkpoint Mini- Grant"- SC09119(Exhibit A) and "Avoid the 21"DUI Campaign Grant - AL0995 (Exhibit B); and WHEREAS, these DUI enforcement projects are dedicated to reducing the number of fatal and injury traffic collisions by funding supplemental DUI checkpoints and saturation patrols, as well as providing for additional Public Safety Awareness activities; and WHEREAS, the City Council of the City of Dublin has agreed that DUI enforcement and awareness are important elements in improving overall public safety. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin expresses strong support for the goals of the Sobriety Checkpoint and "Avoid the 21" DUI Campaign projects and authorizes execution of all associated agreements with the Regents of the University of California and Livermore Police Department, as well as the necessary budget change documents. BE IT FURTHER RESOLVED that the Chief of Police is authorized to sign and execute the agreements. PASSED, APPROVED AND ADOPTED this 6th day of January, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ATTACHMENT 1 CITY OF DUBLIN BUDGET CHANGE FORM z~ - ~-~- CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity X _ New Revenues - Between Departments (City Council Approval Required) Other DECREASF,RTTi)GF,T A('('(ITiNT AM(IiTNT iNf~ur, ~c~ uT1n~~rr ~rnnTr~rm .,.,~.~rr,.r.~. Name: General Fund -REVENUE INTERGOVERNMENTAL -STATE : $ 2$,673 Police Enforcement Grants Account #: 001-555-023 Name: EXPENSE -POLICE SERVICES - CONTRACT SERVICE -Personnel /Staff $ 13,000 Costs (Avoid 21 DUI Campaign) Account #: 001-20100-740-001 Name: EXPENSE -POLICE SERVICES - CONTRACT SERVICE -Personnel /Staff $ 15,673 Costs (Sobriety Check-Point Mini-Grant) Account #: 001-20100-740-001 Fin Mgr/ASD: Signature Date: ~~j~4~~a8 ` r REASON FOR BUDGET CHANGE ENTRY: Dublin Police Services (DPS) have an opportunity to participate in regional efforts aimed at enhanced enforcement activities including Check-Points to identify drivers who may be under the influence of drugs or alcohol. The goal is to make travel safer among local communities with a focus on key enforcement periods. Authorization to participate in these Grant funded projects during Fiscal Year 2008 / 2009 was presented to the City Council on January 6, 2009. Two separate Grant Projects will reimburse the City for personnel expenses associated with the eligible activities. This Budget Change recognizes both the additional ex ense for unbudgeted overtime expenditures which will be incurred by DPS in staffing special enforcement activities, and additional revenue, which is not included in the adopted 2008 / 2009 Budget. City Manager: Date: Signature As Approved at the City Council Meeting on: Date: 1/6/2009 Mayor: Date: Signature Posted By: Date: Signature ATTACHMENT # 2 F:\,Sgenda\2009\Police DUI Grants\l_6_09BUDGCHNG_PoliceGrants.DOC(rankin) 3~~~ ~,.... TY^,•o ....,,.. r 5~ ~ The Regents of the University of California ~ %~`` v~': School of Public Health, Berkeley, 'i T t with Primary Funding from the GRANT NUMBER z ~ _ _ _ ` ~ ~ - _"~ °' . _== California Office of Traffic Safety SC09119 A~ r -" t i r ~cr~t 2 y t ~ 5f4f b~ •~` . ' ~ '~ •186& '^•....,.,,,,•,.- GRANT 1. Title of Program SOBRIETY CHECKPOINT MINI-GRANT PROGRAM FOR 2008-2009 2. Name of Applicant Agency 4. Period of Contract DUBLIN, CITY OF Month -Day -Year 3. University of California Berkeley, Traffic Safety Center From: 10/01/08 DAVID RAGLAND, DIRECTOR, UC BERKELEY TRAFFIC SAFETY CENTER To: 09/08/09 5. Description of Program The goal of the Sobriety Checkpoint Mini-Grant Program For 2008-2009 is to reduce the number of victims killed and injured in alcohol involved crashes in cities participating in this program. The period of this grant contract ("Contract"), October 01, 2008 to September 08 , 2009, encompasses two national mobilization periods: the Winter Holiday Mobilization period, December 12, 2008 -January 03 2009 and , the Labor Day Mobilization period, August 21, 2009 -September 07, 2009. The Dublin Police Services will conduct sobriety checkpoints in Dublin in accordance with this Contract. The Contract includes the attached Schedule A -Descriptions, Schedule B -Budget Estimate , Schedule B-1 -Budget Narrative, and Schedule C -Terms and Conditions. 6. Federal Funds Allocated Under This Grant Shall Not Exceed: $31,346.48 7. Approval Signatures (Bv sianinn this aaae Aaencv agrees to the terms and conditions which follow and are attached) A. The Regents of the University of California Authorized B. Authorizing Official For Applicant Agency Signature Name: Jyl Baldwin Phone: 510-642-8110 Name: Gary Thuman Phone: (925) 833-6685 Title: Assistant Director, SPO Fax: 510-643-8236 Title: Commander/Chief of Police Ser6a~s (925) 833-6678 Address: UC Berkeley Sponsored Projects Office Address: 100 Civic Plaza 2150 Shattuck Avenue, Suite 313 Dublin, CA 94568 Berkeley, CA 94704-5940 Email: jbaldwin@berkeley.edu Email: gary.thuman@ci.dublin.ca.us (Signature) (Date) (Signature) (Date) C. Agency Office Authorized to Receive Payments D. Optional: Individuals Authorized to Sign Claims (in addition to the Authorizing Official for Applicant Agency) Agency: Dublin, City of Phone: (925) 833-6640 Name: Kurt von Savoye Title: Lieutenant Office: Finance Office (Signature) (Date) Address: 100 Civic Plaza Dublin, CA 94568 Name: Michael Lamb Title: Sergeant Tax ID #: 94-2825202 Contact Person: Vivian Gong Email: vivian.gong@ci.dublin.ca.us (Signature) (Date) Page 1 EXI-~ 1 RT"1' A ~~) ~ Dublin, City of Grant No. SC09119 Schedule A -Description Sobriety Checkpoint Mini-Grant Program For 2008-2009 GOALS 1. To reduce the number of victims killed in alcohol-involved crashes. 2. To reduce the number of victims injured in alcohol-involved crashes. 3. To reduce nighttime (2100 hours to 0259 hours) single vehicle fatal crashes. 4. To reduce nighttime (2100 hours to 0259 hours) single vehicle injury crashes. 5. To reduce hit and run fatal crashes. 6. To reduce hit and run injury crashes. AGENCY OBJECTIVES To conduct a minimum of 2 and a maximum of 2 sobriety checkpoints by 09/08/09. NOTE: For combination DUI/DL checkpoints, applicant agencies must issue press releases that indicate DLs will be checked at the DUI/DL'checkpoint. According to the Attorney General's Office, all DUI/DL checkpoint operations must post signs reading "DUI/Driver License Checkpoint Ahead." To maximize effectiveness, it may be necessary to conduct a checkpoint operation at more than one location on any evening. Each checkpoint should be highly publicized and visible. No occupant restraint citations will be issued at the checkpoints. The Office of Traffic Safety (OTS) does not fund or support independent DL checkpoints or DUI/Driver License checkpoints operating before 1800 hours. Notify the Traffic Safety Center (TSC) in advance if the agency: a) cannot conduct a minimum of one checkpoint during each of the two mobilization periods (at least one must be conducted per mobilization period), b) wishes to conduct additional checkpoints than those listed in Schedule B). 2. To participate in TSC's pre-operational training classes for officers and support personnel selected to participate in checkpoints. Finance department representatives are urged to attend. 3. To collect and report data on-line for checkpoints conducted during the Winter and Labor Day mobilization periods using the OTS-137/138 data report, and submit the data by the deadlines established by the TSC. Applicant agencies will not receive reimbursement for claimed costs until they submit these reports. 4. To collect and report data on-line for checkpoints conducted outside the mobilization periods, using the OTS-137/138 data report, and to submit the data by the end of the applicable quarter(s). Applicant agencies will not receive reimbursement for claimed costs until they submit these reports. 5. To submit to the TSC all appropriately completed and requested documentation for claims made. These include completed claim forms and supporting documentation as listed in Schedule B-1 of this Contract. The Agency must claim only reimbursable costs per Schedule B-1, e.g., the cost of each checkpoint does not exceed the Maximum Allowed Cost per Checkpoint. No other costs are covered. Only authorized individuals (as listed in Boxes B and D in the contract cover sheet) may sign the claim forms. NOTE: All sobriety checkpoints identified for funding reimbursement in this Contract are over and above other checkpoints that may be included in another OTS grant for sobriety checkpoint funding. page z 5a~-, ~ ~ v Dublin, City of Grant No. SC09119 Schedule A -Description (continued) Sobriety Checkpoint Mini-Grant Program For 2008-2009 MEDIA OBJECTIVES 1. After the statewide kick-off press event, issue a press release announcing the kick-off of this grant, using the TSC-provided template. 2. During the mobilization periods (December 12 -January 3 and August 21-September 7), if an AVOID media campaign is active in the county, notify the AVOID Regional Coordinator of checkpoint locations, dates and times as early as possible in advance of all planned checkpoints. The AVOID Regional Coordinator will issue press releases including checkpoints conducted during the mobilization periods to all major media outlets in the region. 3. Also during the mobilization periods, develop and distribute to local community papers a press release for each checkpoint operation, or, if multiple checkpoints are to be conducted within aseven-day period, develop and distribute a single press release covering all operations within the seven-day period. If using the OTS press release template provided by TSC, forward press releases, media advisories, alerts, and other press materials to TSC concurrently with distribution to the media..lf any other press release format or copy is used, that press release must be submitted for review and approval to the OTS Public Information Officer at oio a(~ots.ca.gov at least 14 days in advance of the operation. 4. For checkpoints conducted outside the mobilization periods, develop and distribute to local media a press release for each checkpoint operation, or, if multiple checkpoints are to be conducted within a seven-day period develop and distribute a single press release covering all operations within the seven day period. If using the OTS press release template provided by TSC, forward press releases, media advisories, alerts, and other press materials to TSC concurrently with distribution to the media. If any other press release format or copy is used, that press release must be submitted for review and approval to the OTS Public Information Officer at piola ots.ca.gov at least 14 days in advance of the operation. 5. Use NHTSA's DUI tagline, "Drunk Driving. Over the Limit. Under Arrest" and use OTS's tagline "Report Drunk Drivers. Call 911" on all news releases and checkpoint publication materials. 3. Submit to the TSC copies of all newspaper articles and short descriptions of broadcast news stories which relate to checkpoint operations or results. METHOD OF PROCEDURE Phase I: Program Preparation (October 01, 2008 -November 30, 2008) 1. Review the Contract to ensure compliance with Contract provisions. 2. Provide contract information to the TSC in a timely manner to expedite issuance of a University of California, Berkeley purchase order. The purchase order must be issued to the agency before reimbursable costs are incurred for operation of the checkpoint(s). 3. Consult the TSC and OTS web sites and read any TSC Fact Blasts for directions and information on the operation of the checkpoints. 4. Notify the TSC of any changes in contact information. The Contract and the purchase order (and Fact Blasts) are emailed to the contact person listed in the agency application. 5. Attend TSC's pre-operational training. 3. Plan checkpoint staffing, i.e., supervisors, officers, clerical staff, community service officers, or lab technicians, as needed to staff each sobriety checkpoint on an overtime basis. page 3 c~ ~~ ~ ~ Dublin, City of Grant No. SC09119 Schedule A -Description (continued) Sobriety Checkpoint Mini-Grant Program For 2008-2009 Phase II: Mobilization (12/12/08- 01/03/09 and 08/21/09 - 09/07/09) 7. After the statewide kick-off press event, issue a press release announcing the kick-off of this grant, using the TSC-provided template. 8. During the mobilization periods (December 12 -January 3 and August 21-September 7), if an AVOID media campaign is active in your county, notify your AVOID Regional Coordinator of checkpoint locations, dates and times as early as possible in advance of all planned checkpoints. Your AVOID Regional Coordinator will issue press releases including checkpoints conducted during the mobilization periods to all major media outlets in the region. 9. Also during the mobilization periods, develop and distribute to local communitypapers apress release for each checkpoint operation, or, if multiple checkpoints are to be conducted within aseven-day period, develop and distribute a single press release covering all operations within the seven-day period. If using the OTS press release template provided by TSC, forward press releases, media advisories, alerts, and other press materials to TSC concurrently with distribution to the media. If any other press release format or copy is used, that press release must be submitted for review and approval to the OTS Public Information Officer at pio(c~ots.ca.oov at least 14 days in advance of the operation. 10. For checkpoints conducted outside the mobilization periods, develop and distribute to local media a press release for each checkpoint operation, or, if multiple checkpoints are to be conducted within a seven-day period develop and distribute a single press release covering all operations within the seven day period. If using the OTS press release template provided by TSC, forward press releases, media advisories, alerts, and other press materials to TSC concurrently with distribution to the media. If any other press release format or copy is used, that press release must be submitted for review and approval to the OTS Public Information Officer at pio .ots.ca.gov at least 14 days in advance of the operation 11. Use NHTSA's DUI tagline, "Drunk Driving. Over the Limit. Under Arrest" and use OTS's tagline "Report Drunk Drivers. Call 911" on all news releases and checkpoint publication materials. 12. Submit to the TSC copies of all newspaper articles and short descriptions of broadcast news stories which relate to checkpoint operations or results. 13. Plan roll call training for officers, staff, or volunteers. Roll call training costs are not reimbursable; they must be borne by the agency. 14. Deploy designated staff (and volunteers) to the checkpoint locations. 15. Begin the checkpoint no earlier than 1800 hours. 16. The last checkpoint must be conducted no later than September 07, 2009. Phase III: Post Operational Data Collection (at the end of each mobilization period and each applicable calendar quarter) 17. Prepare data collected at the checkpoints using forms downloaded from the TSC web site at: http://www.tsc.berkeley.edu/checkpointminigrants/. 18. Submit on-line to the TSC, OTS-137/138 data for checkpoints conducted during the Winter Holiday Mobilization. Similarly, submit the OTS-137/138 data on-line to the TSC for checkpoints conducted during the Labor Day Mobilization. Data must be submitted by TSC deadlines. 19. Submit on-line to the TSC, OTS-137/138 data for checkpoints conducted outside the mobilization periods. Submit the OTS-137/138 report by the end of the applicable quarter. If multiple checkpoints are conducted during the quarter, summarize (total) the checkpoint statistics and submit on-line to the TSC. Phase IV: Claim Submission (at the end of the applicable calendar quarter) 20. Compile overtime costs for operating the grant funded checkpoints. 21. Obtain the claim forms from the TSC web site at: http://www.tsc.berkeley.edu/checkpointminigrants/. 22. Complete the claim forms titled, "Agency Information,' "Claim," and "Claim Details." 23. Obtain the signature of any of the authorized individuals depicted in Boxes B and D of the contract cover sheet. 24. Attach to the claim forms: a) the personnel time sheets supporting the overtime personnel costs for each checkpoint and b) the ledger report(s) supporting the actual costs incurred for the checkpoints covered by the claim. 25. Mail the claim forms for the quarter, the personnel time sheets and the ledger report to the TSC following the end of the applicable calendar quarter. page v ~~~j i ~ Dublin, City of Grant No. SC09119 Schedule B -Budget Estimate Sobriety Checkpoint Mini-Grant Program For 2008-2009 The Dublin, City of will conduct up to 2 sobriety checkpoints in Dublin as described in T able B below. Table B Maximum No. Maximum Allowed Total Cost Checkpoints Cost /Checkpoint Winter Holiday Mobilization, December 12, 2008 -January 03, 2009 (minimum one 1 $15,673.24 $15,673.24 checkpoint) Labor Holiday Mobilization, August 21, 2009 -September 07, 2009 (minimum one 1 $15,673.24 $15,673.24 checkpoint) Number of checkpoints outside the mobilization periods 0 $15,673.24 $0.00 Maximum Number of 2 Maximum Reimbursable $31 346 48 Checkpoints Amount'(Grant Total) , . page 5 ~~ i ~ Dublin, City of Grant No. SC09119 Schedule B-1 -Budget Narrative Sobriety Checkpoint Mini-Grant Program For 2008-2009 Dublin, City of will be reimbursed for personnel costs to conduct the checkpoints. No other costs are covered. Budgeted grant activities will be conducted by personnel on an overtime. basis. Grant-funded operations may be conducted by personnel such as an Officer, Sergeant, Corporal, Deputy, Community Service Officer, Dispatcher, etc. depending on the titles used by the agency. Personnel will be deployed as needed to accomplish the grant goals and objectives. Personnel categories not listed in the application form may be assigned to the checkpoint on an overtime basis. Overtime reimbursement will reflect actual costs (OT hourly rate and overtime benefit rate) of the personnel conducting the appropriate operation(s) up to the amount of the approved cost per check point and the grant total stated in Schedule B. The maximum allowed cost per checkpoint is based upon the overtime rates submitted by the grantee. Only benefits earned as a percentage of hourly pay are allowed. Benefit costs for overtime hourly rates are always lower than benefit costs for regular hourly rates. Reimbursements are contingent upon the following: i. The applicable OTS-137 or OTS-138 data has been submitted. ii. A press release for each checkpoint has been submitted; or, if multiple checkpoints are conducted within aseven-day period, a press release for the seven-day period has been submitted. iii. Claim forms titled, "Agency Information," "Claim," and "Claim Details" are complete and correctly filled out. iv. Personnel overtime slips supporting the overtime personnel costs for each checkpoint are attached to the claim. v. A ledger report(s) supporting the actual costs incurred for each of the checkpoints listed in the claim is attached to the claim. vi. The claim is signed by the Authorizing Official of the Applicant Agency or by one of the Additional Individuals designated by the Authorizing Official to sign claims, as designated in the contract. vii. Changes in the Authorizing Official of the Applicant Agency or the designation of an additional individual(s) to sign claims are documented in accordance with TSC documentation requirements. viii. The final claim is submitted no later than October 15, 2009. Kaye n ~~ i~ Dublin, City of Grant No. SC09119 Schedule C -Terms and Conditions Sobriety Checkpoint Mini-Grant Program For 2008-2009 A. INDEMNIFICATION Applicant Agency agrees to indemnify, defend, and save harmless the State of California, its officers, agents, and employees, the Regents of the University of California, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Applicant Agency in the performance of this Contract. B. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of California. C. NON-ASSIGNABILITY The obligations of the applicant agency under this Contract are not assignable to any third party. D. USE OF UNIVERSITY NAME/TRADEMARKS Applicant Agency shall not use the name of the University of California, or any abbreviation thereof, or any name of which "University of California" is a part, or any trademarks of the University, in any commercial context, such as may appear on products, in media (including web sites) and print advertisements in cases when such use may imply an endorsement or sponsorship of the Applicant Agency, its products, or services. All uses of the University's name and trademarks, therefore, must first receive prior written consent of The Regents of the University of California through the Office of Marketing & Business Outreach. This policy is in compliance with the State of California Education Code Section 92000. E. TERMINATION Each party has the right to suspend, terminate or abandon the execution of any work by the Applicant Agency without cause at any time upon giving prior written notice. In the event that this Contract is suspended, terminated, or abandoned, the Regents of the University of California shall pay the Applicant Agency for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with Schedules B and B-1, provided that the maximum amount payable to the Applicant Agency for its services shall not exceed the Grant Total on Schedule B for services provided hereunder prior to the effective date of suspension, termination, or abandonment. F. STATE OF CALIFORNIA TERMS, CONDITIONS, AND CERTIFICATIONS Applicant Agency agrees to abide by the General Terms, Conditions, and Certifications contained in OTS Grant Program Manual, Chapter 6, Exhibit 6-A www.ots.ca.gov. Nuys i~~,~. 1VIEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LI~'ERMORE POLICE DEPARTIVIENT AND THE PARTICIPATING ALAMEDA COUNTY CITY LAW ENFORCEMEIlT AGENCIES AVOID THE 21 DUI CAMPAIGN - ALAII~FEDA COUNTY OTS GRANT #AL099~ FUNDED BY THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY THIS MEMORANDUM OF UNDERSTANDING, entered into this 1sT day of October ?008, by and between the CITY OF LIVERMORE POLICE DEPARTMENT, hereinafter called "Livermore" and the participating Alameda County Law Enforcement Agencies, hereinafter called "Alameda LEAs," related to the Avoid the 21 DUI Campaign -Alameda County, hereinafter called "Avoid the 21 Proa am" funded by the State Office of Traffic Safety, hereinafter called "OTS." WHEREAS, it is necessary and desirable that Alameda LEAs be retained for the purpose of performing professional services for the Avoid the 21 Program; the Alameda LEAs participating include the Police Departments from the cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Newark, Oalaand, Piedmont, Pleasanton, San Leandro, union City. the Alameda County Sherifr"s Department and Department of Probation. CSU East Bay Police Department, UC Berkeley Police Department, Peralta Community College District Police Department, East Bay Regional Parks Police Department, BAP~T Police, ABC and the California Highway Patrol. WHEREAS; Livermore is one of the participating Alameda LEAs in the Avoid the ? 1 Program; NOW, THEREFQRE, IT IS HEP`B~' AGREED BY THE PARTIES HERETO AS FDLi.,O~'S: 1. Services to be Performed by Livermore and all Alameda LFAs During the term of this a~~reement all Alameda LEAs participatin, in the Avoid the ? 1 Pro~~am shall provid° DUI enforcement staff on an overtime t~asis. as staffing leveis allow, during the approved enforcement CteplOVI11e11t5. Ali Aiaill:,da..i;A~ %Omlilit t0 partlclpate lil tll: aillluai campai~ as stafrm~r leveis allow and to encourage officers to emphasize DUI enforcement durin;~ all phase: of the grant. All AiallZeda LEAs v,~ill ensure that ~C~° o of the ofncers deployed a~ every Avoid the 21 operation EXHIl3IT B will be SFST certified. Livermore and Alameda LEAs am~ee to adhere to the OTS grant programmatic, financial and statistical reporting and understand that adhering to the requirements is necessary to be reimbursed for DUI enforcement activities conducted during the time periods of October Ol, 2008 through January ~ I, 2012. 2. Payment. A. Maximum Amount. In full consideration of the services provided during enforcement periods, the amount that Livermore shall be obligated to pay for services rendered under this Memorandum of understanding shall not exceed the dollar amounts set forth in the Avoid the 21 ~-rant for the term of this Memorandum of Understanding. Funds are to be used solely for reimbursement of personnel overtime incurred while staffing DUI Enforcement activities in support of the Avoid the ? 1 Program during the specified enforcement periods of October OI, 2008 through January 31.2012. B. Rate of Payment. All Alameda LEAs will receive reimbursement for personnel overtime fnrough the Avoid the 21 Program for a total suln not to exceed the dollar amounts set forth in the Avoid the 21 grant X693,279.00 for the teen of this Memorandum of Understanding. T`lie amount all participating Alameda LEAs will receive will be based on actual personnel hours worked on DUI enforcement for the Avoid the 21 Pro~am and as invoiced in accordance with Para~~ aph C, Invoice Requirements as stated below. Funding is solely for reimbursement of personnel overtime incurred during DUI enforcement activities conducted during the Avoid d1e 21 enforcement period. Only "paid" overtime shall be eligible for reimbursement. Uvertime accrued as "comp time'' cannot be reimbursed under this meant. ~. Invoice Reauirements. Invoices shall be submitted on the provided form and include dates and hours worked. personnel names, overtime salary rate. number of hours worked, and total dollars requested for overtime reimbursement. D. lime Llmlt IOi' ~Uu'_??itP.n~~ II?i'oi~ - !mil: :A'„i~m~Ci~: Ll/_~~:. shall submit an invoicE: for services to Live~?ore. Invoices are due to Livermore no later than the 20th da,~ of the month following the enu' at the quarter. Invoices received i ~~ i ~- i2~~~- after this date could result in forfeiture of that quarter" s funding. Livermore will not be obligated to pay any Alameda LEA for the services covered b_y any invoice if the Alameda LEA presents the invoice to Livermore more than forty-five (4~) days after the close of the grant period. For invoices received within the established time limits, payment shall be made to Alameda LEA's by the last day of the quarter following the quarter for which services were rendered. 3. Statistical Reporting A11 Alameda LEAs shall collect and report to Livermore all efforts in support of the Avoid the 21 Program. This is to include. but not limited to DUI/DL checkpoints reporting: number of vehicles passing through checkpoint, number of vehicles screened, number of field sobriety tests conducted, number of DUI arrests, number of criminal arrests, number of citations issued and number of vehicles impounded; saturation patrols reporting: number of vehicle stops, number of field sobriety tests conducted, number of DUI arrests and number of vehicles impounded; warrants served reporting: number of attempts and total number served. Alameda LEAs shall submit daily statistical reports to Livermore. for all identified Avoid the 21 enforcement deployments. regardless of whether or not funding for the deployment is received under this grant. 4. Availability of Funds. Payment of all services provided pursuant to this Memorandum of Understanding is contingent upon OTS funding the Avoid the ? 1 Grant with Livermore. In the event that OTS does not fund Livermore s ~~ ant, Livermore shall not be liable for any payment whatsoever. Livermore may terminate this Memorandum of L'nderstandinu in accordance with the provisions of Section ~ below- for unavailability of OTS fiends. ~. Alteration of Memorandum of Linderstandinu. This Memorandum of understanding is complete and contains all of the terms and conditions a~-eed upon by the parties. No alteration or variation shall be valid unless made in writing and si;n~ed by the parties hereto, and nc1 oral understa:~di:.t_ o: aree::e~~ shall ~?i:.g be bin on the parties hereto. i~~~~~ 6. Records. A. Documentation. Alameda LEAs will maintain all supporting documentation necessary to substantiate submitted invoices as required in the current OTS Grant Program Manual. B. Access. Alameda LEAs agree to provide to Livermore, to any Federal or State department having monitoring or reviewing authority, to authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit all records and documents necessary to determine compliance with relevant Federal, State and local statutes, rules and regulations and this Memorandum of Understanding, and to evaluate the quality, appropriateness and timeliness of services performed, for a period of at least three (3) years from the termination date of this Memorandum of Understanding, or until audit findings are resolved, whichever is greater. C. Retention. Livermore and Alameda LEAs shall maintain and preserve in its possession all records relating to this Memorandum of Understanding for a period of at least three (3) years from the termination date of this Memorandum of Understanding, or until audit findin~~s are resolved. whichever is seater. 7. Compliance with Applicable Laws. All services to be performed by Livermore and alI Aiameda LEAs pursuant to this Memorandum of Understanding shall be performed in accordance with all applicable Federal, State, County and Municipal laws, ordinances and regulations. 8. Term of the A:~reemez~t. Subject to compliance with tl7e terns and conditions of this Memorandum of Understanding, the term of this Memorandum of Understanding shall be from of October Ol, 200b through January 31, 2012. This Memorandum of Understanding may be terminated by Livermore or any Alameda LEAs a; an_v time upon thirty (30} days written notice to the other party. ~~~~~~ In witness whereof, the parties have executed this Memorandum of understanding on the day and year last written below. LI~~ERMORE POLICE DEPARTMENT Steve Sweeney Chief of Police Date: DUBLII~1 POLICE SERVICES Commander Date: