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HomeMy WebLinkAboutItem 4.07 Traffic Safety Grant • t94J 1 STAFF REPORT CITY CLERK •. CITY COUNCIL File #_StOi4° �4 Iro�'‘"S DATE: • November 15, 2011 TO: Honorable Mayor and City Councilmembers FROM: . Joni Pattillo, City Manager(`lerk... czit.ae.) SUBJECT: _ Confirmation and Approval of Memorandum of Understanding (#AL2210) and Acceptance of Traffic Safety Grant , Prepared by Herb Walters, Lieutenant Police Services EXECUTIVE SUMMARY: Dublin Police Services has received a grant award for continued participation in the Avoid the 21 DUI Campaign. This is a multi-agency effort to conduct targeted enforcement to reduce the incidence of driving under the influence. The grant award includes an agreement for the use of Grant Funds. It is appropriate for the City Council to confirm the City's participation. FINANCIAL IMPACT: New grant funds awarded after the adoption of the Fiscal Year 2011/2012 Budget are detailed below. A portion of the activities associated with the Avoid the 21 DUI Enforcement Campaign will occur next Fiscal Year and the revenue and expenditures will be included in the FY • 2012/2013 Budget. The eligible expenses are limited to reimbursement of Police Services overtime costs associated grant program activities; the City absorbs all Sheriff's Department indirect charges and other administrative costs. FISCAL YEAR Expenditure Period Grant Revenue • 2011-2012 (11/15/2011-6/30/2012) $ 9,680.00 2012-2013 (7/1/2012 — 9/30/2012) $ 2,200.00 TOTAL GRANT AWARD: $11,880.00 A Budget Change is needed to recognize the current year new revenue. The expense will be offset by a reduction to the General Fund Police Contract Personnel cost. RECOMMENDATION: • Staff recommends that the City Council: (1) Adopt the Resolution Confirming City of Dublin Participation in the "Avoid the 21" DUI Campaign Grant Administered by Livermore Police Department (#AL2210) and (2) Approve the budget change. 1/07,144A G Caw, C'J� � �J� 7,l) - Submitted By Reviewed By Reviewed By Police Chief Administrative Services Assistant City Manager Director • .. Page 1 of 2 ITEM NO. 4.7 DESCRIPTION: The adopted FY 2011/12 budget included grant related enforcement activities that were scheduled to occur from July 1, 2011 to September 30, 2011. Dublin Police Services has coordinated securing the "Avoid the 21" DUI Enforcement grant that will fund additional enforcement efforts after September 30, 2011 in the current fiscal year. The grant only reimburses direct costs of Police overtime expense up to the maximum allowed by the grant. In September 2011, amulti-agency Memorandum of Understanding (MOU) was signed by Dublin Police Services, which provides funds for "Avoid the 21" Enforcement activities between October 1, 2011 and September 30, 2012 (Exhibit A to Attachment 1). The MOU was signed by the Chief of Police in order to allow the lead agency (City of Livermore) to process the necessary paperwork. As part of the recommendation of this staff report, the City Council will confirm the execution of the Agreement. The actual amounts awarded are based upon available funds and the grant program funding is coordinated by the Livermore Police Department. The operations conducted pursuant to the 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 $9,680 to be reimbursed to the City of Dublin for overtime expenditures incurred during operations scheduled for Fiscal Year 2011/2012. These operations would take place at various times throughout the year and are in addition to those already included in the adopted Fiscal Year 2011/2012 Budget. The MOU includes one authorized mobilization period (Labor Day) scheduled to occur during Fiscal Year 2012/2013. Funds and expenditures related to the Fiscal Year 2012/2013 mobilization period will be included in next year's budget. City Staff have prepared a Resolution for adoption by the City Council (Attachment 1), which confirms the City of Dublin's participation in the "Avoid the 21" DUI Campaign Grant. A Budget Change (Attachment 2) is attached which recognizes this revenue, offsetting operational expenditures for Fiscal Year 2011/2012. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not Applicable ATTACHMENTS: 1. Resolution Confirming City of Dublin Participation in the "Avoid the 21" DUI Campaign Grant Administered by Livermore Police Department (#AL2210), including Exhibit A to the Resolution, Memorandum of Understanding for October 1, 2011 to September 30, 2012. 2. Budget Change Page 2 of 2 RESOLUTION NO. xx - 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 amulti-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: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LNERMORE POLICE DEPARTMENT AND THE PARTICIPATING ALAMEDA COUNTY;GITY LAW ENFORCEMENT AGENCIES AVOID THE 21 DUI CAMPAIGN -~ ALAMEDA COUNTY OTS .GRANT #AL22;10 FUNDED BY THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY THIS MEMORANDUM 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 DUI Campaign -Alameda County, hereinafter called "Avoid the 21 Program" funded by the State Office of Traffic Safety, hereinafter called "OTS." WHEREAS, it is necessaxy 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, Oakland, Piedmont, Pleasanton, San Leandro, Union City, the Alameda County Sheriff's Department and Department of Probation, CSU East Bay Police Depaxtment, UC Berkeley Police Department, Peralta Comrx~unity College District Police Department, East Bay Regional Parks Police Department, BART Police, ABC and the California Highway Patrol. WHEREAS, Livermore is one of the participating Alameda LEAs in the Avoid the 21 Program; NOW, THEREFORE, 1T TS HERBY AGREED BY THE PARTIES HERETO AS FOLLOWS: Services to be Performed by Livermore 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 (OIC) has taken the DUI 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 DUI enforcement activities conducted during the tune periods of October 01, 20I 1 through Septerriber 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 teen 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 21 Program during the specifed 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 fatal 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 amoiuit 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. Trunding 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. t D. Time Limit for Submittin Invoices. Ail 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-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_Reportin~ All 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, numbex 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 Livermare fox all identified Avoid the 21 enforcement deployments, regardless of whethex or not funding for the deployment is received under this grant. Statistical reports not submitted 6y the 7~h day following each Avoid the 2l deployment may result in suspension of futuxe funding. 4. Availability of Funds. Payment of all services provided pursuant to this Memorandum of Understanding is contingent upon OTS funding the Avoid the 2l 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. 5. Alteration of Memorandum of Understandin . This Memorandum of Understanding is complete and contains ail 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 Frogram 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 possessiozz all records relatixzg 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 Livermore 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. $. Term of the A eernent. 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, 2011 through September 30, 2012, This Memorandum of Understanding may be terminated by Livermore 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. LIVERMORE POLICE DEPARTMENT Steve Swee y Chief of Police Date: /~d~/ DUBL]N POLICE SERVICES Comzaaander ~ Date: ~- l ~~ ZOd CITY OF DUBLIN BUDGET CHANGE FORM FISCAL YEAR 2011/2012 New Appropriations (City Council Approval Required) From Unappropriated Reserves X From New Revenues Budget Transfers: CHANGE FORM # From Budgeted Contingent Reserve (1001.1901-81101) Within Same Department Activity Between Departments (City Council Approval Reqd) Other DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Name: REVENUE: Enforcement Grant Fund - Intergovernmental -Other State Grants $ 8,680 "Avoid 21"DUI Enforcement Account #: 2111.0000.47261 Name: EXPENDITURE: General Fund - Name: EXPENDITURE: Police Svcs (Traffic) Contract Services - Enforcement Grant Fund - Personnel $ g 680 Police Svcs (Traffic) Contract Services - $ 8,680 Personnel Account #:1001.2103.64021 Account #:2111.2103.64021 REASON FOR BUDGET CHANGE ENTRY: This budget change will recognize as revenue in Fiscal Year 2011/12 additional Police Enforcement Grants awarded after the budget was completed, as presented to the City Council on 11/15/2011. In addition to recognition of the revenue for the grant awards, the Budget Adjustment appropriates a matching expenditure for the portion of the contract Police Personnel cost that is reimbursable through the grant. The expenditure is offset by an identical contract personnel amount originally appropriated as a General Fund expenditure. As Presented at the City Council Meeting on: Posted By: #################(Finance Use Only)################### G:IBudgetChangesl4_20~~_~2N0 ~~_~5_~~_PoliceGrant DUl_.doc Date: 11 /15/2011 Date: ATTACHMENT 3