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Home My WebLink AboutReso 194-11 Avoid 21 DUI Campaign RESOLUTION NO. 194 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* CONFIRMING CITY OF DUBLIN PARTICIPATION IN THE "AVOID THE 21" DUI CAMPAIGN GRANT ADMINISTERED BY LIVERMORE POLICE DEPARTMENT (#AL2210) WHEREAS, injuries and fatalities resulting from traffic collisions are frequently caused by preventable factors such as driver impairment; and WHEREAS, On September 14, 2011, the City of Dublin Chief of Police signed a Memorandum of Understanding between the City of Livermore Police Department and Participating Agencies to conduct a multi-year DUI enforcement project, entitled "Avoid the 21" DUI Campaign Grant - #AL2210; and WHEREAS, the City was advised, after the adoption of the Fiscal Year 2011/2012 Budget, of the award of $11,880 to be made under the "Avoid the 21" DUI Campaign Grant; and WHEREAS, the total award for the "Avoid the 21" DUI Campaign will span two fiscal years as described in the Staff Report presented November 15, 2011; and WHEREAS, the enforcement grant is dedicated to reducing the number of fatal and injury traffic collisions by funding supplemental saturation patrols and DUI checkpoints, as well as providing for additional Public Safety Awareness activities; and . WHEREAS, the City Council of the City of Dublin has agreed the 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 confirms the Memorandum of Understanding with the City of Livermore Police Department attached hereto as Exhibit A and executed by Dublin Police Chief Tom McCarthy on September 14, 2011. BE IT FURTHER RESOLVED that the Chief of Police shall be designated as the party authorized to sign and execute agreements, claims for funds, and other administrative documents under this grant program. PASSED, APPROVED AND ADOPTED this 15th day of November 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None (){~ Mayor ATTEST: -LJAAJ i' j? ~ City Clerk Reso No. 194-11, Adopted 11-15-11, Item 4.7 Page 1 of 1 i~ " MEMORANDUl\1 OF UNDERSTANDiNG. BETWEEN , ' THE CITY OF LIVERMOREfOLICE DEPARTMENT AND THE . - .' :, ,. : _. ~ ..' .... .. ~:~ ,'1-, P ARIJCIP ATlNGALAMEDACOUNTY'QITY LAW ENFORCEMENT AGENCIES, AVOID TIIE 21 DUI CAMPAIGN - ALAMEDA COUNTY ',' 'OTS ,GRANT #AJ;221 0 FUNDED BY THE STATE OF CALIFORNIA OffiCE OF TRAFFIC SA:FETY THIS 1vffiMORANDUM OF UNDERSTANDING, entered into this 1sT day of October 2011, 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 Dill , 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, Albany, Berkeley, DubliJi, Emeryville, Fremont, Hayward, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, the Alameda County Sheriffs Department and Department of Probation, CSU East Bay Police Department, UC Berkeley Police' Department; Peralta COlUITlmuty College District Police Department, East Bay Regional Parks Police Department, BART Police, ABC and the California Highway Patrol. WHEREAS, Livennore is one of the participating Alameda LEAs in the Avoid the 21 Pro gram; NOW, THEREFORE, IT IS HERBY AGREED BY THE P ARTIESHERETO AS FOLLOWS: . . ' 1. Services to be Performed by Livermore and all A1aimida LEAs. During the term of this agreement all Alameda LEAs participating in the , Avoid the 21 Program shall provide DUI enforcement staff on an overtime b~sis, as staffing levels allow,. during the appr~ved enforcement depl.oyments. All Alameda LEAs commit to participate in the arinual campaign as staJfmg levels allow and to encoUrage officers to emphasize . Dill enforcement during all phases of the grant. All Alameda LEAs will' ensure that 50% of the officers deployed at every Avoid the 21 operation will be SFST certified. Each of the Alameda LEAs hosting a DUI Checkpoint will ensure the Officer in Charge (OlC) has taken the Dill Checkpoint Management Class sponsored by OTS. Livermore and . Alameda LEAs agree to adhere to the OTS grant programmatic, financial and statistical reporting and understand that adhering to the requirements is necessary to be reimbursed for DUl enforcement activities conducted during the time periods of October 01, 2011 through September 30,2012. . 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 grant for. the term of this Memorandum of Understanding. Funds are to be used solely for reimbursement of personnel overtime incurred while staffing DUl Enforcement activities in support of the Avoid the 21 Program during the specified enforcement periods of October 01, 2011 through September 30, 2012. B. Rate . of Payment. All Alameda LEAs will receive reimbursement for personnel overtime through the Avoid the 21 Program for a total sum not to exceed the dollar amounts set forth in the Avoid the 21 grant $202,200.00 for the term of this Memorandum of Understanding. The amOlUlt all participating Alameda LEAs will receive will be based on actual personnel hours worked on DUI enforcement for the Avoid the 21 Program and as invoiced in accordance with Paragraph C,lnvoice Requirements as . stated below. Funding is solely for reimbursement of - personnel overtinie incurred during Dill enforcement activities conducted during the Avoid the 21 enforcement period. . Only "paId" overtime shall be eligible for reimbursement. Overtime. accrued as "comp time" cannot be reimbmsed under this grant. I I I 1 c. Invoice Requirements. 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. '. "-, * . "-. j D. Time Limit for Submitting Invoices. All Alameda LEAs shall submit an'invoice for services to Livermore. Invoices are due to Livermore no later than the 20th day of the month following the end of the quarter. Invoices received 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 by any invoice if the Alameda LEA presents the invoice to Livermore more than forty-Jive (45) days after the cloSe ofthegrant period. For invoices' received within the es~ablished time limits, payment shall be made to Alameda LEA's by the last day of the quarterfollbwing the quarter for which services were rendered. . ,3. ,Statistical Reporting' m' All Alameda LEAs shall collect and report to Livermore all efforts in support of the Avoid the 21 Program. This is toinc1ude, but not limited to DUIIDL checkpoints reporting: number of vehicles passing tbrough checkpoint, number of vehicles screened, number of field sobriety tests conducted, number of DUlarrests, number of criminal arrests, number ofcitatioDs issued and number of vehicles impounded; saturation patrols reporting: number ofvehic1e stops, number of field sobriety tests conducted, number of DUI arrests and number of vehicles impOlmded; 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. Statistical reports not submitted by the ih day following each Avoid the 21 deployment may result in suspension of future funding. 4. AvaIlability of Funds, Payment of all services provided pursuant to this Memorandum of Understanding is contingent upon OTS funding the Avoid the 21 Grant with Livermore. In the event that OTS does not fund Livermore's grant, Livermore shall not be liable for any payment whatsoever. Livermore may terminate this Memorandum of Understanding in accordance with the provisions of Section 8 below for unavailability of OTS funds. ' S. Alteration of Memorandum of Understanding. This Memorandum of Understanding is complete and contains all of the terms and conditions agreed upon by the parties. No alteration or variation shall be valid unless made in writing and signed by. the parties hereto, and no oral understanding or agreement shall be binding on the parties hereto, 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 OT 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 reso lved, whichever is greater. C. Retention. Livermore and Alameda LEAs shan 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 tif this Memorandum of . Understanding,.OT Lilltil audit fmdings are resolved, whichever is greater. .7. Compliance with Applicable Laws. All servi.ces to be performed by Liveimore and all Alameda LEAs pursuant to tbis Memorandum of Understanding shall be performed in. accordance with all applicable Federal, State, County and Municipal. laws, ordinances and regulations. 8. Term ofthe Agreement. Subject to compliance wiih the tenus and conditions of. tbis Memorandum of Understanding, the term of this. Memorandum of Understanding shall be from of October 01, 2011 through September 30,2012. This Memorandum of Understanding may be terminated by . Livermore or any Alameda LEAs at any time upon thITty(30) days written notice to the other party. In witness whereot: the parties have executed this Memorandum of .,Understandingon the day and year last written below. LIVERMORE POLICE DEPARTMENT ../ /~ Steve S~:;;; Chief of Police Date: ~,/J/ DUBLIN POLICE SERVICES ~..J..~64 Commander. .' . Date: 1- ! Lf- WI/