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HomeMy WebLinkAboutCC Resolution 13990 (Traffic Safety Grant Funds)RESOLUTION NO. 13990 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE OF STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $235,000.00 FOR THE "AVOID THE MARIN 13 DUI CAMPAIGN — MARIN COUNTY" ENFORCEMENT PROGRAM FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THE GRANT, AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU), IN A FORM APPROVED BY THE CITY ATTORNEY. Whereas, the State of California, Office of Traffic Safety granted the City of San Rafael $235,000.00 in grant funds; and Whereas, this grant money may be spent to pay costs associated with the "Avoid the Marin 13" DUI enforcement campaign; and Whereas, the City of San Rafael will coordinate with the nine municipal law enforcement agencies, the College of Marin, the Marin County Sheriff's office and the California Highway Patrol to conduct checkpoints and strike teams during the periods from October 2015 through September 2016; and Whereas, the Department will use those funds for overtime personnel costs, reimbursement to allied agencies, publicity, educational material, checkpoint supplies and small equipment; and Whereas, the City will be entering into a Memorandum of Understanding (MOU) with the other participants for the distribution of the grant proceeds. NOW, THEREFORE BE IT RESOLVED, that the City Council approves the use of $235,000.00 in California Office of Traffic Safety grant funds for the "Avoid The Marin 13 DUI Campaign—Marin County" Enforcement Program from October 1, 2015 through September 30, 2016, and authorizes the City Manager to execute a Grant Agreement and any other documents related to the Grant in a form approved by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the Chief of Police to execute an MOU for this program in a form approved by the City Attorney. I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on August 17, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey rek-c . ESTHER BEIRNE, City Clerk CRANI' AGREEMENT - Page 1 OTS -38 (Rev. 4/15) 1. GRANT TITLE AVOID DUI CAMPAIGN 2. NAME OF AGENCY CITY OF SAN RAFAEL 3. AGENCY UNIT To ADmEvsTER GRANT POLICE DEPARTMENT 5. GRANT DESCRIPTION GRANT NUMBER AL1628 4. GRANT PERIOD From: 10/1/15 To: 9/30/16 To reduce alcohol -involved fatalities and injuries and raise general public awareness regarding the problems associated with drinking and driving. Increased DUI enforcement and intensive media campaigns will be conducted on a county- wide basis. Participating law enforcement agencies throughout the county, including the Alcohol Beverage Control and the California Highway Patrol, will conduct DUI enforcement activities during the NHTSA summer and winter holiday mobilizations, Memorial Day and July 4th Weekends, as well as special events with identified DUI problems. Activities include DUI checkpoints, DUI saturation patrols, warrant sweeps and court sting operations for repeat DUI offenders. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 235,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A (OTS -38b) — Problem Statement, Goals and • Exhibit A —Certifications and Assurances Objectives and Method of Procedure • Exhibit B* - OTS Grant Program Manual • Schedule B (OTS -38d) — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B -I (OTS -38f) —Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.caeov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. APPROVAL SIGNATURES A. GRANT DIRECTOR NAME: Jim Correa TNLE: Police Lieutenant ADDRESS: 1400 Fifth Avenue San Rafael, CA 94901 E -709R rpd.org �� ignature) C.COUNTING OFFICIAL NAME: Mark Moses TrrLE: Finance Manager ADDRESS: 1400 Fifth Avenue San Rafael, CA 94901 B. AUTHORIZING OFFICIAL OF AGENCY PHONE: 415-485-3392 NAME: Jim Schutz PHONE: 415-485-3070 FAx: 415-485-3043 Tom: City Manager FAX: 415-485-3043 ADDRESS: 1400 Fifth Avenue San Rafael, CA 94901 E- j' chu ci nrafael.org (Date) / (St atur (Date) D. FFICE AUTHO RECEIVE PAYMENTS PHONE: 415-458-5018 NAME: Finance Department FAx: 415-485-3043 ADDRESS: 1400 Fifth Avenue San Rafael, CA 94901 E-MAIL: mark.moses@cityofsanrafael.org (Signature) 9. DUNS NUMBER DUNS #: 19-842-3832 1400 5th Avenue ADDRESS & (Date) zip: San Rafael, CA 94901 Avow SCHEDULE A GRANT DESCRIPTION GRANT No. AL1628 1. PROBLEM STATEMENT PAGE 1 An annual review of fatal driving under the influence (DUI) collisions reveals that DUI incidents are typically at their highest during the winter holiday period (Christmas and New Years), the end of summer vacation/Labor Day period, and also Memorial Day and Independence Day weekends. Other times with high incident of DUI crimes and collisions include Halloween, Super Bowl Sunday, St. Patrick's Day, Cinco de Mayo and local festivals/events with identified DUI problems. Significant progress has been made in reducing the frequency of fatal DUI collisions when law enforcement agencies coordinate awareness campaigns and enforcement efforts with local, regional and national efforts. Nationwide, traffic deaths have declined dramatically; however, DUI deaths have not dropped at the same rate, which indicates the need to continue to coordinate efforts between law enforcement, community -based -organizations, and media outreach. 2. PERFORMANCE MEASURES A. Goals: 1) To reduce the number of persons killed in traffic collisions. 2) To reduce the number of persons injured in traffic collisions. 3) To reduce the number of persons killed in alcohol -involved collisions. 4) To reduce the number of persons injured in alcohol -involved collisions. 5) To reduce the number of persons killed in drug -involved collisions. 6) To reduce the number of persons injured in drug -involved collisions. 7) To reduce the number of persons killed in alcohol/drug combo -involved collisions. 8) To reduce the number of persons injured in alcohol/drug combo -involved collisions. B. Objectives: 1) To conduct the first Avoid Coalition meeting comprised of members representing local, county and state law enforcement by October 31. Roster of attendees and tentative operation plans should be included in the first QPR. 2) To conduct the following enforcement operations during Halloween. • 10 DUI Saturation Patrols OTS -38b (Rev. 4/15) AVOID SCHEDULE A GRANT DESCRIPTION GRANT No. AL1628 PAGE 2 3) To conduct the following enforcement operations and public awareness efforts during the NHTSA Winter Mobilization. 2 DULDriver's License Checkpoints • 30 DUI Saturation Patrols • 1 Court Sting Operations • 1 Warrant Service Operations • 1 Media Event 4) To conduct the following enforcement operations during Super Bowl Sunday. • 10 DUI Saturation Patrols 5) To conduct the following enforcement operations during St. Patrick's Day. • 5 DUI Saturation Patrols 6) To conduct the following enforcement operations during Cinco de Mayo. • 5 DUI Saturation Patrols 7) To conduct the following enforcement operations during the Memorial Day Holiday. • 1 DUI/Driver's License Checkpoints • 10 DUI Saturation Patrols 8) To conduct the following enforcement operations during the Independence Day Holiday. • 1 DUI/Driver's License Checkpoints • 10 DUI Saturation Patrols 9) To conduct the following enforcement operations and public awareness efforts during the NHTSA Summer Mobilization. • 2 DUI/Driver's License Checkpoints • 20 DUI Saturation Patrols • 1 Court Sting Operations • 1 Warrant Service Operations • 1 Media Event 10) To conduct the following enforcement operations during county fairs, festivals, and other community events with identified DUI problems. • 40 DUI Saturation Patrols 11) To conduct Avoid public information campaigns during each NHTSA Winter Mobilization, NHTSA Summer Mobilization, Memorial Day, Independence Day, Halloween, Super Bowl Sunday, St. Patrick's Day, Cinco de Mayo, county fairs, festivals and other community events with identified DUI problems. OTS -38b (Rev. 4/15) AVOID SCHEDULE A GRANT DESCRIPTION GRANT No. AL1628 PAGE 3 12) To collect and report county DUI enforcement data for the NHSTA Winter and Summer Mobilizations within 30 days after each mobilization. 13) To assist in coordinating at least one NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST -certified training. 14) To lead the county's Avoid Coalition by: organizing all planning/scheduling meetings and MADD/Avoid DUI Seminars; collecting the county's schedule of operations that occur during any Avoid campaign; and reporting the county's DUI arrests & DUI fatality information during any Avoid campaign. NOTE. Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specked or predetermined number of citations in pursuance of the goals and objectives hereunder. NOTE. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release for each checkpoint operation. For combination DUUDL checkpoints, departments should issue press releases that mention DL's will be checked at the DUUDL checkpoint. Signs for DUUDL checkpoint operations should read "DUUDriver's License Checkpoint Ahead. " OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoint operations that begin prior to 1800 hours. 3. METHOD OF PROCEDURE A. Phase 1- Prop -ram Preparation. Trainins and Implementation (1St Quarter of Grant Year) • Develop a Memorandum of Understanding (MOU) with each participating agency that details enforcement activities to be conducted and personnel, number of hours required, and rate of compensation for each position. • Checkpoint supervisor(s) should attend "DUI Checkpoints — Planning and Management" eight-hour, POST -certified training by December 31 (this is waived if the supervisor has already attended the training). Officers are encouraged to attend this training as well. • Form an "Avoid Coalition" comprised of representatives of all agencies participating in the program to coordinate and develop DUI operational plans, schedules and media efforts by October 31. • Conduct the first Avoid Coalition meeting comprised of members representing local, county and state law enforcement by October 31. The Coalition should approve all public information concepts and materials, and create all enforcement operational plans. • Develop an Enforcement Operational Plan for each phase of the campaign by: o October 31 st for the Fall and Winter DUI Enforcement Schedules. OTS -38b (Rev. 4/15) AVOID SCHEDULE A GRANT DESCRIPTION GRANT No. AL1628 PAGE 4 o March 1 st for the Spring and July Enforcement Schedules. o July 1 st for the Summer Enforcement Schedules. • Gain commitment from law enforcement executives in the county on the campaigns and encourage them to emphasize DUI enforcement during all phases with officers on regular patrols and by allocating overtime hours to extra units, participating in forming special teams, conducting DUI checkpoints and contributing to all public information elements of the campaigns. • Maintain judicial support of the program by communicating program goals and activities to the court. • Collaborate with Alcoholic Beverage Control, District Attorney's Offices, and community based organizations to gain program support. • Encourage that sworn police department personnel conducting DUI enforcement with grant funding have received NHTSA-Certified Standardized Field Sobriety Testing (SFST) training. • Prepare complete press information for allied agencies and broadcast reporters during each campaign period including a main press release, campaign calendar, departmental plans and fact sheet. The material will emphasize the campaign's serious, aggressive enforcement and the high cost of DUI in terms of money, criminal consequences and human misery. The information for each campaign period should be completed by December 1; May 15; June 15 and August 1. • Partner, where applicable, with other County Avoid programs and OTS for regional Avoid media efforts to mare the overall goal of the Avoid Grants — Enforcement and Public Awareness. Media Reauirements • Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at Dio(&,,ots.ca.sov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. B. Phase 2 - Program ODerations (Throughout Grant Year) • Schedule and conduct enforcement and public information campaigns for each campaign period according to the Operational Plan. Media Reauirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at Dioaots.ca.aov, with a copy to your OTS Coordinator. OTS -38b (Rev. 4/15) AVOID SCHEDULE A GRANT DESCRIPTION GRANT No. AL1628 PAGE 5 a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10-20 days prior to the release date to ensure adequate tum -around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant -funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. OTS -38b (Rev. 4/15) AVOID SCHEDULE A GRANT DESCRIPTION GRANT No. AL1628 PAGE 6 • Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. S. ADMINISTRATIVE SUPPORT This program has full support of the City of San Rafael. Every effort will be made to continue the activities after the grant conclusion. OTS -38b (Rev. 4/15) 01►17R111u1:3:3 164 AL 0%_r VULL" IS DETAILED BUDGET ESTIMATE GRANT NO. AL1628 CATALOG NUMBER (CFDA) FUND DESCRIPTION 20.608 COST CATEGORY A. PERSONNEL COSTS Positions and Salaries Overtime DUI/DL Checkpoints DUI Saturation Patrols Court Sting Operations Warrant Service Operations Grant Management Public Information Officer Benefits @ 0.0145 Category Sub -Total B. TRAVEL EXPENSE In -State Category Sub -Total C. CONTRACTUAL SERVICES Allied Agency Operations Category Sub -Total D. EQUIPMENT None MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE INTOXICA'T'ED FISCAL YEAR ESTIMATES 10/1/15 thru 9/30/16 CFDA FY -1 20.608 $ 40,500.00 20.608 $ 50,400.00 20.608 $ 5,500.00 20.608 $ 5,500.00 20.608 $ 10,000.00 20.608 $ 4,000.00 20.608 $ 1,681.00 $ 117,581.00 20.608 $ 5,419.00 $ 5,419.00 20.608 $ 87,000.00 $ 87,000.00 101AL AMOUNT $235,000 TOTAL COST TO GRANT $ 40,500.00 $ 50,400.00 $ 5,500.00 $ 5,500.00 $ 10,000.00 $ 4,000.00 $ 1,681.00 $ 117,581.00 $ 5,419.00 $ 5,419.00 $ 87,000.00 $ 87,000.00 Category Sub -Total $ - $ E. rj t rmx DIRECT COSTS DUI Checkpoint Supplies 20.608 $ 20,000.00 $ 20,000.00 Educational Materials 20.608 $ 5,000.00 $ 5,000.00 Category Sub -Total $ 25,000.00 $ 25,000.00 F. INDIRECT COSTS None Category Sub -Total $ - $ - GRANr TOTAL $ 235,000.00 $ 235,000.00 OTS -38d (Rev. 4/15) Page 1 of 1 SCHEDULE B-1 GRANT No. AL1628 AvoiD HOST Page 1 BUDGET NARRATIVE PERSONNEL COSTS Budgeted grant activities will be conducted by agency personnel on an overtime basis. Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. The primary personnel duties for the AVOID host agency will be for staffing the following operations: DUI/DL Checkpoints, DUI Saturation Patrols, Warrant Service Operations and Court Stings. Grant management duties will include planning and coordinating multi -agency activities, collection of statistical data for OTS reporting, assisting in claims preparation along with oversight of the grant activities and quarterly reporting. Public Information Officer (PIO) duties include conducting media events, preparing and disseminating press releases, arrest and collision data collection and other duties related to the media objectives. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range (excluding benefits). Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified and benefits. Costs of the operation may include overtime benefits for unemployment insurance, social security/FICA/OASDI, workers compensation, Medicare and state disability/SDI not to exceed 25% of actual overtime reimbursement. Overtime reimbursement will reflect actual cost of the personnel conducting the appropriate operation. Costs are estimated based on an overtime hourly rate range of $15.85/hour to $102.55/hour. Overtime Benefit Rates Medicare 1.45%1 TOTAL BENEFIT RATE 1.45%1 OTS -38f (Rev. 4/15) SCHEDULE B-1 GRANT No. AL1628 AVOID HOST Page 2 BUDGET NARRATIVE TRAVEL EXPENSE In State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES Allied Agency Operations - Memorandums of Understanding (MOU) or contracts will be developed with each participating allied agency that details overtime costs to be reimbursed. Allied agency personnel may participate in the following operations: DUI/DL Checkpoints, DUI Saturation Patrols, Warrant Service Operations and Court Stings. EOUIPMENT 10mi- OTHER- OTHER DIRECT COSTS DUI Checkpoint Supplies - on -scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Educational Materials — costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS INDIRECT COSTS None. PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 4/15) 0%111Li1/ U LL J.7 DETAILED BUDGET ESTIMATE GRANT NO. AL1628 SUB BUDGET: Allied Agencies FUND NUMBER CATALOG FUND DESCRIPTION NUMBER (CFDA) NUNIMUM PENALTIES FOR REPEAT 164 AL 20.608 OFFENDERS FOR DRIVING WHILE COST CATEGORY A. PERSONNEL COSTS Positions and Salaries Overtime DUI/DL Checkpoints DUI Saturation Patrols Court Sting Operations Warrant Service Operations Benefits @ 0.0145 Category Sub -Total B. TRAVEL EXPENSE None Category Sub -Total C. CONTRACTUAL SERVICES None Category Sub -Total D. EQUIPMENT None Category Sub -Total E. OTHER DIRECT COSTS None Category Sub -Total F. INDIRECT COSTS None Category Sub -Total GRANT TOTAL INTOXICATED FISCAL YEAR ESTIMATES 10/1/15 thru 9/30/16 CFDA FY -1 20.608 $ 35,480.00 20.608 $ 38,436.00 20.608 $ 5,920.00 20.608 $ 5,920.00 20.608 $ 1,244.00 $ 87,000.00 $ 87,000.00 OTS -38d (Rev. 4/15) Page 1 of 1 TOTAL AMOUNT $87,000 TOTAL COST TO GRANT $ 35,480.00 $ 38,436.00 $ 5,920.00 $ 5,920.00 $ 1,244.00 $ 87,000.00 $ 87,000.00 SCHEDULE B-1 GRANT No. AL1628 SUB BUDGET: ALLIED AGENCIES BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Budgeted grant activities will be conducted by agency personnel on an overtime basis. Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. The primary personnel duties for the Allied Agencies will be for staffing the following operations: DUI/DL Checkpoints, DUI Saturation Patrols, Warrant Service Operations and Court Stings. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range (excluding benefits). Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified and benefits. Costs of the operation may include overtime benefits for unemployment insurance, social security/FICA/OASDI, workers compensation, Medicare and state disability/SDI not to exceed 25% of actual overtime reimbursement. Overtime reimbursement will reflect actual cost of the personnel conducting the appropriate operation. Costs are estimated based on an overtime hourly rate range of $41.55/hour to $87.67/hour. Overtime Benefit Rates Medicare 1.45% TOTAL BENEFIT RATE I 1.45% TRAVEL EXPENSE None. CONTRACTUAL SERVICES None. EOUIPMENT None. OTS -38f (Rev. 4/15) SCHEDULE B-1 GRANT No. AL1628 SUB BUDGET: ALLIED AGENCIES BUDGET NARRATIVE Page 2 OTHER DIRECT COSTS None. INDIRECT COSTS None. PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 4/15) ExmBrr A CERTIFICATIONS AND ASSURANCES Page 1 Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub -recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, etseq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. Certifications and Assurances (Rev. 6/15) ExHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certifications and Assurances (Rev. 6/15) ExEaBIT A CERTIFICATIONS AND ASSURANCES Page 3 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the Certifications and Assurances (Rev. 6/15) ExmBIT A CERTIFICATIONS AND ASSURANCES Page 4 eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions (1) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the Certifications and Assurances (Rev. 6/15) ExiIIsIT A CERTIFICATIONS AND ASSURANCES Page 5 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certifications and Assurances (Rev. 6/15) x:11; M CERTIFICATIONS AND ASSURANCES Page 6 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 6/15) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL POLICE DEPARTMENT AND THE PARTICIPATING MARIN COUNTY LAW ENFORCEMENT AGENCIES AVOID THE 13 DUI CAMPAIGN — MARIN COUNTY FUNDED BY THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY THIS MEMORANDUM OF UNDERSTANDING, entered into this 17th day of August 2015, by and between the CITY OF SAN RAFAEL POLICE DEPARTMENT, hereinafter called the San Rafael Police Department and the participating Marin County Law Enforcement Agencies, hereinafter called Marin LEA's, related to the Avoid the 13 DUI Campaign — Marin County hereinafter called Avoid the 13 Campaign funded by the State Office of Traffic Safety, hereinafter called OTS. WHEREAS, it is necessary and desirable that Marin LEA's be retained for the purpose of performing professional services for the Avoid the 13 campaign; The Marin County LEA's participating include the Belvedere Police Department, California Highway Patrol, Central Marin Police Authority, Fairfax Police Department, Marin Community College Police Department, Marin County Sheriff's Department, Mill Valley Police Department, Novato Police Department, Ross Department of Public Safety, Sausalito Police Department, and Tiburon Police Department. WHEREAS, the San Rafael Police Department is one of the participating Marin LEA's in the Avoid the 13 Program; IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Services to be Performed by the San Rafael Police Department and all Marin LEA's. During the term of October 1, 2015 through September 30, 2016, all Marin LEA's participating in the Avoid the 13 campaign shall provide DUI enforcement staff, on an overtime basis as staffing levels allow for the Avoid the 13 during the driving under the influence campaign enforcement period beginning on the weekend of October 1, 2015 through September 30, 2016. All Marin LEA's 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 Marin LEA's commit to provide statistical reporting data after enforcement to the San Rafael Police Department. The San Rafael Police Department agrees to adhere to the OTS grant programmatic, financial and statistical reporting and understands that adhering to the requirements is necessary to be reimbursed for DUI enforcement activities conducted during the time periods of October 1, 2015 through September 30, 2016. 2. Pavment A. Maximum Amount: In full consideration of the services provided during the campaign enforcement periods, the amount that the San Rafael Police Department 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 13 campaign grant to the term on this Memorandum of Understanding. Funds are to be used solely for reimbursement of officer overtime incurred while staffing DUI Enforcement activities in support of the Avoid the 13 Campaign during the time period of October 1, 2015 through September 30, 2016. B. Rate of Payment: All Marin LEA's will receive reimbursement for officer overtime through the Avoid the 13 Campaign for a total sum not to exceed the dollar amounts set fourth in the Avoid the 13 Grant, which is $95,000.00 for the term of the Memorandum of Understanding. The amount all participating Marin LEA's will receive will be based on actual staff hours worked on DUI enforcement for the Avoid the 13 Campaign and as invoices in accordance with paragraph C, Invoice Requirements as stated below. The above funding amount is solely for reimbursement of officer overtime incurred during DUI enforcement activities conducted during the Avoid the 13 enforcement period. C. Invoice Requirements: Invoices shall include dates and hours worked, officer's name, officer's overtime salary rate with allowable benefits, number of hours worked and total dollars requested for overtime reimbursement. The only benefit cost OTS will reimburse is Medicare. County, City and/or Marin LEA's overhead costs and consumable goods will not be reimbursed. Invoices shall also include the statistics required by OTS as outlined in Item 3, Statistical Reporting. D. Time limit for Submitting Invoices: All Marin LEA's shall submit an invoice for service to the San Rafael Police Department. All Marin LEA's shall submit the required statistical data the following day of any DUI enforcement operation(s) to the San Rafael Police Department. The San Rafael Police Department shall not be obligated to pay Marin LEA's for the services covered by any invoice if any Marin LEA's present the invoices to the San Rafael Police Department more than thirty (30) days after the date Marin LEA's render the services, or more than thirty (30) days after this Memorandum of Understanding terminates, whichever is earlier or if any Marin LEA's fail to provide the San Rafael Police Department with statistical data of any DUI enforcement operation(s). 3. Statistical Reporting All Marin LEA's shall collect and report to the San Rafael Police Department, the number of DUI Checkpoints paid with funds from this Memorandum of Understanding. For each checkpoint, the following information must be collected and reported: Number of vehicles passing through the checkpoint, number of vehicles screened, number of 2 of 6 field sobriety tests conducted, number of DUI arrests, number of criminal arrests, number of citations issued and number of vehicles impounded. For each DUI saturation patrol, multi -agency DUI task force operation, warrant operation and court sting operation, the following information must be collected and reported: Number of vehicles stopped, number of field sobriety tests conducted, number of DUI arrests, number of criminal arrests, number of citations issued and number of vehicles impounded. 4. Availabilitv of Funds Payment of all services provided pursuant to the Memorandum of Understanding is contingent upon OTS funding the Avoid the 13 Grant with the san Rafael Police Department. In the event that OTS does not fund the San Rafael Police Department's grant, the San Rafael Police Department shall not be liable for any payment whatsoever. The San Rafael Police Department 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 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. Access: Marin LEA's agree to provide to the San Rafael Police Department, to any Federal or State Department having monitoring or reviewing authority, to authorize representative 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. B. Retention: The San Rafael Police Department shall maintain and preserve in its possession all records relating to this Memorandum of Understanding for a period of 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 the San Rafael Police Department and all Marin LEA's pursuant to this Memorandum of Understanding shall be performed in accordance with all applicable Federal, State, County and Municipal laws, ordinances and regulations. 3 of 6 8. Term of Agreement Subject to compliance with the terms and conditions of this Memorandum of Understanding, the term of this Memorandum of Understanding shall be from October 1, 2015 through September 30, 2016. This Memorandum of Understanding may be terminated by the San Rafael Police Department or any Marin LEA's at any time upon seven (7) days written notice to the other party. In witness whereof, the parties have executed this Memorandum of Understanding. CITY OF SAN RAFAEL POLICE CHIEF ��lsl�� 9 I � ° 115 Diana Bishop Date Chief of Police TOWN OF BELVEDERE POLICE CHIEF C� Chief of Date Police CALIFORNIA HIGHWAY PATROL Ae Jesus Holguin 'Dale Commander Todd k Cusimano Date Chief of Police TOWN OF FAIRFAX POLICE CHIEF Christopher Morin Date Chief of Police 4 of 6 L G -v, QF iN POLICE CHIEF Lemay Date Chief of Police CITY OF MILL VALLEY POLICE CHIEF' Angel Bern Date Chief of Police N :COUN Y S ERIFF'S OFFICE 0 (Al 114 Robert T. Doyle Date Sheriff CITY OF NOVAT O POLICE CHIEF james Berg Date �fief of Police "Ill TO N OF ROSS POLICE CHIEF q�J k Masterson Date hief of Police CITY OF SAUSALITO POLICE CHIEF 'Scott Paulin Date Interim Chief of Police 5 of 6 TO OF TIBURO POLICE CHIEF Michael J. CroAn Date Chief of Police 6 of 6