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HomeMy WebLinkAboutReso 01-14 Avoid the 21 Campaign RESOLUTION NO. 1 - 14 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 HAYWARD POLICE DEPARTMENT (#AL1453) WHEREAS, injuries and fatalities resulting from traffic collisions are frequently caused by preventable factors such as driver impairment; and WHEREAS, On October 22, 2013 a Memorandum of Understanding between the City of Hayward Police Department and Participating Agencies including Dublin Police Services was signed to conduct a multi-year DUI enforcement project, entitled "Avoid the 21" DUI Campaign Grant — #AL1453; and WHEREAS, the City was advised after the adoption of the Fiscal Year 2013/2014 Budget of the award of$6,124.80 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 January 21, 2014; 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 Hayward Police Department attached hereto as Exhibit A and executed on October 22, 2013. BE IT FURTHER RESOLVED, that the City Council accept the grant award of$6,124.80. PASSED, APPROVED AND ADOPTED this 21st day of January 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Jam/ Artej ATTES Mayor Ca4/0 City Clerk Reso 1-14,Adopted 1-21-14, Item 4.3 Page 1 of 1 MEMORANDUM OF UNDERSTANDING BETWEEN • THE CITY OF HAYWARD POLICE DEPARTMENT AND THE PARTICIPATING ALAMEDA COUNTY CITY LAW ENFORCEMENT AGENCIES AVOID THE 21 DUI CAMPAIGN—ALAMEDA COUNTY OTS GRANT#AL1453 FUNDED BY THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY THIS MEMORANDUM OF UNDERSTANDING,entered into this 1sT day of October 2013, by and between the CITY OF HAYWARD POLICE DEPARTMENT, hereinafter called "Hayward" 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, Albany, Berkeley, Dublin, Emeryville, Fremont, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, the Alameda County Sheriff'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,BART Police,ABC and the California Highway Patrol. WHEREAS,Hayward is one of the participating Alameda LEAs in the Avoid the 21 Program; NOW, THEREFORE, IT IS HERBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Services to be Performed by Hayward and all Alameda 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 basis, as staffing levels allow, during the approved enforcement deployments. All Alameda LEAs commit to participate in the annual campaign as staffing levels allow and to encourage officers to emphasize DUI 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 (OTC) has taken the DUI Checkpoint Management Class sponsored by OTS.Hayward and Alameda LEAs agree to adhere to the OTS grant programmatic, financial and I 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 01,2013 through September 30,2014. 2. Pavment., • A. Maximum Amount. In full consideration of the services provided during enforcement periods, the amount that Hayward 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 staifmg DUI Enforcement activities in support of the Avoid the 21 Program during the specified enforcement periods of October 01, 2013 through September 30,2014. 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$138,500.00 for the term 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 21 Program and as invoiced in accordance with Paragraph C, Invoice Requirements as stated below. Funding is solely for reimbursement of personnel overtime incurred during DUI 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 reimbursed under this grant. 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. D. Time Limit for Submitting Invoices, All Alameda LEAs shall submit an invoice for services to Hayward. Invoices are due to Hayward no later than the 20th day of the month following the end of the quarter. Invoices received after this date will result in forfeiture of that quarter's funding. Hayward will not be obligated to pay any Alameda LEA for the services covered by any invoice if the Alameda LEA presents the invoice to Hayward more than forty-five (45) 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 All Alameda LEAs shall collect and report to Hayward 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 Hayward 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 7a' day following each Avoid the 21 deployment will 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 Hayward. In the event that OTS does not fund Hayward's grant, Hayward shall not be liable for any payment whatsoever. Hayward may terminate this Memorandum of Understanding in accordance with the provisions of Section 8 below for unavailability of OTS funds. 5. ,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 Hayward,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. Hayward 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 services to be performed by Hayward and all Alameda 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. Tenn of the Agreement. • Subject to compliance with the terms and conditions of this Memorandum of Understanding, the term of this Memorandum of Understanding shall be from of October 01, 2013 through September 30,2014. This Memorandum of Understanding may be terminated by Hayward or any Alameda LEAs at any 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. HAYWARD POLICE DEPARTMENT eZI,Yet, Diane E.Urban Chief of Police Date: 6b'//Yfa Alameda County Sheriff s Department (Contract City)Dublin Police Department Greg Sheriff Date: /6 111103