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HomeMy WebLinkAboutReso 06-09 DUI Campaign GrantRESOLUTION NO. 6- 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: Councilmembers, Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST~~ ~~ ~~5.~/- City Clerk ~v . ~ i~ Mayor Reso No. 6-09, Adopted 1-6-09, Item 4.9 Page 1 of 1 ~r~5`-rv -°_~ vv • The Regents of the University of California __ _ School of Public Health, Berkeley, m ~ #~~ • ~ ' GRANT NUMBER ~ _~';~ =~'= o ; with Primary Funding from the y , ~~~-`'=iua~~ 2 California Office of Traffic Safety SC09119 ;l ~ s~o~ J r ``•.,,~rasa•~ • 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 ~ signing this Doge Apency 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 SerSass (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 Savo e Y Title: Lieutenant Office: Finance Office (Signature) (Date) Address: 100 Civic Plaza Dublin, CA 94568 Name: Michael Lamb Title: Sergeant Tax 1D #: 94-2825202 Contact Person: Vivian Gong Email: vivian.gong@ci.dublin.ca.us (Signature) (Date) If P~nc i EXHTI~t~' 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 8-1 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 2 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 checkpoin# 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 Dopers 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 aC~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 io ots ca goy 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. 6. 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. Dublin, City of Grant No. SC09119 Schedule A -Description (continued) Sobriety Checkpoint Mini-Grant Program For 2008-2009 Phase Il: Mobilization (12/12/08- 01/03/09 and 08/21/09 - 09107/09) 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 community parJers 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. 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. ov 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/checkpointmin igrantsl. 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-1371138 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 Band 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 4 Dublin, City of Grant No. SC09119 Schedule B -Budg et Estimate Sobriety C heckpoint Mini-Grant Program For 2008-2009 The Dublin, City of will conduct up to 2 sobriety checkpoints in Dublin as described in Table B below. Table B ~,~o 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 Checkpoints Amount'(Grant Total) $31,346,48 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. page 6 Dublin, City of Grant No. 5C09119 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. Afl 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. page 7 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LI~'ER'~10RE POLICE DEPARTMENT A,ND THE PARTICIPATLIVG ALA'_VIEDA COUNTY CITY LAW ENFORCEME\T AGENCIES AVOID THE 21 DUI CAMPAIGN - ALAI<~IEDA COUNTY OTS GRANT #AL0995 FUNDED BY THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY THIS MEMORANDUM OF UNDERSTANDING, entered into this 1 sr day of October ?008, by and between the CITE" 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 Program" 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. ,Alban}', 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 Poiice Department, BART Police. ABC and the California Highway Patrol. WHEREAS, Livermore is one of the participating Alameda LEAs in the Avoid the ? 1 Program; NOW. THEREFORE. IT IS HERBY AGP.EED B~` THE PARTIES HERETO AS FOLLO~~'S: 1. Services to be Performed by Livermore and all Alameda LEAs. During the term of this agreement all Alameda LEAs participating in the Avoid the ? 1 Pro`nam shall provide DLiI enforcement staff on an overtime basis. as staffinn levels allow. during the approved enforcement deployments. All Alameda L:As commit to participate ii: the a~uh~al campai~z as staffing levels alio«' and to encourage officers to emt~hasize DUI enforcement during all phase= of the ~arant. All Alameda LE =~ s v.~iIl ensure that ~0° o of the ofncers deployed at every A~-•oid ti,e ? 1 operation EXHI13I~1' B will be SFST certified. Livermore and Alameda LEAs a~n-ee to adhere to the OTS rant programmatic, financial and statistical reporting and understand that adhering to the requirements is necessary to be reimbursed for DUI enforcement activities conducted during tl]e time periods of October O1, 2008 through January ~1, ZOL?. 2. Patiment. 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 grant 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 O1, 2008 through January 31, X012. B. Rate of Payment All Alameda LEAs will receive reimbursement for personnel overtime through the Avoid the 21 Pro~-am for a total sum not to exceed the dollar amounts set forth in the Avoid the 21 grant 5693,279.OU for the teen of this Memorandum of Understanding. The amount all participating Alameda LEAs will receive will be based on actual personnel hours worked on DUI enforcement for the Avoid the ? 1 Program and as invoiced in accordance with Para`.-aph C, Invoice Requirements as stated below. Funding is solely for reimbursement of personnel overtime incun•ed during DU1 enforcement activities conducted during the Avoid the ? 1 enforcement period. Only "paid" overtime shall be eligible for reimbursement. Overtime accrued as `'comp time" cannot be reimbursed under this «rant. C. Invoice R~QUir~ment= hlvoices sl]all be submitted on the pro~~ided form and include dates and hours worked. personnel names, overtime salary rate. number of hours worked, and total doIiars requested for overtime reimbursement. ~• Tln1~' Llillll roi' J11bn1Itt11?<? il]L'Oi~°S. All tiii:m.'.d~: j 1/_~„_. shall submit an invoice for services to Livermore, invoices are due to Livermore no late~• than tile~ ZOti] da;~ of the month followin<_ the e.ld c* the Quarter. Invoices received after this date could result in forfeiture of that quarter's funding. Livermore will not be obligated to pay anv Alameda LEA for the services covered by 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 Retiortinv All Alameda LEAs shall collect and report to Livermore all efforts in support of the Avoid the ? 1 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 ser<~ed. 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. Patiment of all ser<~ices provided pursuant to this Memorandum of Understanding is contingent upon OTS funding the Avoid the ? 1 Gran: with Livermore. In the event that OTS does not fund Livermore s <~ an.. Livermore shall not he liable for anv payment ~%hatsoever. Livermore may terminate this Memorandum of Lnderstandir_g in accordance witr, t're provisions of Section g belo~= for unavailability of OTS Hinds. ~. Alteration of I\~iemorandum of L-nderstandinn. This Memorandum of understanding is complete and contains all of tine terms and conditions agreed upon by the parties. No alteration or variation shall be valid unless made in writing and signed b}' the ? ar r ~r~ ~~• a_. om ~~ ~rirr parties hereto, aii~' ra ora. and s~and.r._ . ,.=ro. en s.a.: be bins...` or. Erie parties hereto. 6. Records. .4. 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 avnee to provide to Livermore, to any Federal or State department havini monitoring or reviewing authority, to authorized representatives and!or their appropriate audit agencies upon reasonable notice, access to and the riuht 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 (~) years from the termination date of this Memorandum of Understanding, or until audit ftndings are resolved, whichever is o~reater. 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 findings are resolved, whichever is greater. 7. Compliance with Applicable Laws All ser<~ices to be performed by Livermore and all 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~*reetnetit Subject to compliance «~ith the terns and conditions of this Memorandum of Understandings, the term of this ivlemorandum o' Understanding shall be from of October Ol, 200b fru-ough January ~1. 2012. This Memorandum of Understanding may be terminated by Livermore or any Alameda LEAs a; an_v time upon thim- (,0} days written notice to the other party. In witness whereof, the parties have executed this Memorandum of linderstandin~ on the day and vear last written below. LIZ')/RMORE POLICE DEPARTMEI~°T Steve Sweeney Chief of Police Date: DUBLI?v POLICE SERVICES Commander Date: