Legislation Details

File #: HIST-8999    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 8/11/2008 Final action: 8/11/2008
Title: FOUR-FIFTHS VOTE REQUIREMENT - Adoption of a Resolution Authorizing the Acceptance of a Driving Under the Influence Enforcement and Awareness Program Grant from the California Office of Traffic Safety and Authorize a Budget Amendment upon Approval of this Grant.
Attachments: 1. FOUR-FIFTHS VOTE REQUIREMENT - Adoption of a Resol - A-1__08-08-11_PD_DUI GRANT - FINAL.doc, 2. FOUR-FIFTHS VOTE REQUIREMENT - Adoption of a Resol - A-1__DUI Grant.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends the City Council authorize the acceptance and appropriation of grant funds in the amount of $129,433, awarded by the California Office of Traffic Safety. The grant period is based on a federal fiscal year, which begins October 1, 2008 and ends September 30, 2009. A budget amendment requires a 4/5 th vote of the City Council BACKGROUND: The Office of Traffic Safety distributes federal funding apportioned to California under the National Highway Safety Act and the Safe, Accountable and Flexible Transportation Equity Act. These grants are used to mitigate traffic safety programs deficiencies, expand ongoing activity, or develop a new program. Grant funding cannot replace existing program expenditures, nor can traffic safety funds be used for program maintenance, research, rehabilitation, or construction. The Culver City Police Department has applied for and has been granted approval from the California Office of Traffic Safety to receive $129,433 in grant funds for enforcing Driving under the Influence (DUI) laws. The majority of these funds ($94,933) will be in overtime reimbursement to perform Driving Under the Influence and Drivers License (DUI/CDL) checkpoints, DUI saturation patrols, stakeout operations to concentrate on repeat DUI offenders on probation who have had their licenses suspended or revoked, and warrant service for multiple DUI offenders who violate probation or do not appear in court. The remaining funds ($34,500) will be used to purchase a DUI trailer for the checkpoints and Meeting Date: August 11, 2008 Item Number: A-1 AGENDA ITEM: FOUR-FIFTHS VOTE REQUIREMENT - Adoption of a Resolution Authorizing the Acceptance of a Driving Under the Influence Enforcement and Awareness Program Grant from the California Office of Traffic Safety and Authorize a Budget Amendment upon Approval of this Grant. Contact Person/Dept.: Lt. Manuel Ariza Phone Number: (310) 253-6251 Fiscal Impact: Yes [x] No [] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Master E-Mail Notification List (08/06/08) Department Approval: Don Pedersen (07/10/08) City Attorney Approval: Carol A. Schwab (08/06/08) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (08/06/08) City Manager Approval: Jerry B. Fulwood (08/06/08) City of Culver City, California City Council Agenda Item Report educational materials and supplies. It will also be used for expenses associated with travel and registration for a vehicle homicide class. Nation wide motor vehicle collisions are a leading cause of death for all age groups and the number one cause of death for people between the ages of 1 and 34. In California for 2006, motor vehicle crashes killed 4,197 persons of which 1,779 were alcohol related. The 2006 statistics also show that 277,574 persons were injured due to collisions and the total cost of the collisions is approximately $15 billion per year. In 2007, Culver City had 4 fatal collisions, 2 of which were alcohol related. Culver City also had 265 injury collisions resulting in 370 persons injured. Statistics: Collision Type 2005 2006 2007 Collision Victims Collisions Victims Collisions Victims Fatal 4 4 4 4 4 4 Injury 252 340 211 340 265 370 Number of Collisions Fatal Injury Fatal Injury Fatal Injury Alcohol 0 14 1 11 2 11 Hit & Run 0 20 1 23 0 19 Nighttime (2100-0259) 0 17 0 10 2 28 Goals: The goals of this DUI grant will be to: 1. Reduce the number of traffic fatalities. 2. Reduce the number of persons injured in traffic collisions. 3. Reduce the number of traffic fatalities due to alcohol-involved collisions. 4. Reduce the number of persons injured in alcohol-involved collisions. 5. Reduce Hit and Run injury collisions. 6. Reduce nighttime fatal collisions. 7. Reduce nighttime injury collisions. Objectives: The below described objectives will be used in order to achieve the overall goals: 1. Issue a press release announcing the kick-off period of the grant. 2. Issue a press release prior to each of the DUI/CDL checkpoints. 3. Conduct Standardized Field Sobriety Testing Training for Traffic Officers. 4. Conduct 4 DUI/CDL checkpoints. City of Culver City, California City Council Agenda Item Report 5. Purchase a DUI trailer to conduct the checkpoints. 6. Conduct 36 DUI Saturation Patrols. 7. Conduct 6 warrant service operations. 8. Conduct 6 stakeouts to observe DUI offenders on probation and with revoked or suspended licenses. 9. To develop a “Hot Sheet” to notify patrol officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses. 10. Distribute educational materials at public forums and schools to inform the public on traffic safety. Proposed Used of Funds: Reimbursement of overtime for DUI/CDL checkpoints: $40,000 Reimbursement of overtime for DUI saturation patrols: $24,586 Reimbursement of overtime for DUI warrant service: $25,347 Reimbursement of overtime for DUI habitual offenders: $5,000 Purchase of a DUI Trailer: $25,000 Educational Materials and Supplies: $5,500 In-State Travel Expense for Vehicle Homicide Class: $4,000 TOTAL: $129,433 Length of Award: The grant period is October 1, 2008 through September 30, 2009. Matching Funds: There are no matching funds required. FISCAL ANALYSIS: The overtime and purchases for the DUI Enforcement and Awareness Program are reimbursed and funded completely by the grant. The maximum allowed for this grant is $129,433 and it will not negatively impact the General Fund. Since this grant period is based on the Federal Fiscal Year (October through September), it will be necessary to separate the grant revenue into two Culver City Fiscal Years. The $129,433 should be included in FY 2008/2009 with the unused portion of the grant carried over to FY 2009/2010. City of Culver City, California City Council Agenda Item Report ATTACHMENTS: 1. Grant Agreement AL0964 2. Grant Acceptance of Conditions and Certifications 3. Grant Acceptance letter 4. Resolution MOTION: That the City Council: 1. Adopt a resolution authorizing acceptance of a Driving under the Influence Enforcement and Awareness Program Grant from the California Office of Traffic Safety. 2. Authorize the appropriation of funds from the California Office of Traffic Safety to fund the DUI Enforcement and Awareness Program. 3. Authorize staff to include $129,433 in Fiscal Year 2008/2009 and carry over the unused portion of the grant into Fiscal Year 2009/2010 in the grant fund for revenues from the California Office of Traffic Safety. 4. Authorize the City Attorney to review/prepare the necessary documents; and, 5. Designate the City Manager, or his designee, and the Chief Financial Officer, or his designee, as the authorized City official to sign all documents needed to implement the DUI Enforcement and Awareness Program grant offered by the California Office of Traffic Safety. MEETING DATE: August 11, 2008 AGENDA ITEM: Adoption of a Resolution Authorizing the Acceptance of a Driving Under the Influence Enforcement and Awareness Program Grant from the California Office of Traffic Safety and Authorize a Budget Amendment upon Approval of this Grant ATTACHMENTS Pages 1. Grant Agreement AL0964 1 2. Grant Acceptance of Conditions and Certifications 2-4 3. Grant Acceptance Letter 5 4. Resolution 6-70 -_-_43--- State of California I 7 IV(' OFFICE OF TRAFFIC SAFETY -:- 11 ), 1 . -75-i rr7 ,,... , , GRANT AGREEMENT PROJECT NUMBER AL0964 PAGE I (To be completed by applicant Agency) 1. PROJECT TITLE DUI ENFORCEMENT AND AWARENESS PROGRAM 2. NAME OF APPLICANT AGENCY CULVER CITY 4. PROJECT PERIOD Month — Day - Year From: 10/1/08 To: 9/30/09 3. AGENCY UNIT TO HANDLE PROJECT CULVER CITY POLICE DEPARTMENT 5. PROJECT DESCRIPTION (Provide an overview of the project activities that will address the problem statement, in approximately 100 words. Space is limited to six lines.) To reduce the persons killed and injured in alcohol involved crashes, best practice' strategies will be conducted on an overtime basis. The funded strategies include DUPDriver's License checkpoints and DUI saturation patrols. This program will also develop a 'Hot Sheet' program and conduct 'Stakeout' operations for officers to concentrate on repeat DUI offenders on probation who have had their licenses suspended or revoked. Court 'stings' operations will focus on DUI offenders with suspended or revoked driver licenses who get behind the what.] aftpr I paitiricr r.rialrf Tbrrmerb Ixrarranf cir,ruiri. r-L.1-0;10 t114. rnnUr.e. rtm.,-3-ri-r,-r1-1- -,-.411 +,-,-=.1- ,.......n+ TNT TT violators who failed to appear in court or violate probation. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER TIHS AGREEMENT SHALL NOT EXCEED: $ 129,433 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Manuel Ariza PHONE: (310) 253-6251 TITLE: Lieutenant FAX: (310) 253-6274 ADDRESS: 4040 Duquesne Ave. Culver City, CA 90232 E-MAIL: manuel.ariza@culvercity.org NAME: Jerry Fulwood PooNE: (310) 253-6035 TITLE: City Manager FAX: (310) 253-6010 ADDRESS: 9770 Culver Blvd. Culver City, CA 90232 E-mAn: jerry.fuiwood@culvercity.org (Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED To RECEIVE PAYMENTS NAME: Jeff Muir PHONE: (310) 253-5865 TITLE: Chief Financial Officer FAX: (310) 253-5880 ADDRESS: 9770 Culver Blvd. Culver City, CA 90232 E-MAIL: jeff.inuir@culvercity.org NAME: Finance Department ADDRESS: 9770 Culver Blvd. Culver City, CA 90232 (Signature) (Date) /t9: --t— OTS-3/i (Rev. 5/051STATE OF CALIFORNIA • OFFICE OF TRAFFIC SAFETY ACCEPTANCE OF CONDITIONS AND CER1114ICATIONS OTS-33 (Rev. 09/07) APPLICANT AGENCY OTS GRANT NUMBER Culver City Police Department AL0964 The following attachments are included herein and constitute a part of this Grant Agreement: 1. OTS-38 — Page 1 5. Schedule C — Quarterly Evaluation Data (when required) 2. Schedule A — Grant Description 6. OTS-33 — Acceptance of Conditions and Certifications 3. Schedule B — Detailed Budget 7. General Terms, Conditions, and Certifications Estimate for Grant Costs (OTS Grant Program Manual (GPM), Exhibit 6A. 4. Schedule B-1 — Budget GPM available on-line at www.ots.ca.gov ) Narrative TERMS AND CONDITIONS It is understood and agreed by the Grantee that grant funds received as a result of this Agreement are subject to all applicable federal and state regulations governing grants and to the following applicable controls, terms and consideration expressed in the OTS Grant Program Manual which includes but is not limited to: REPORTS/ CLAIMS FOR REIMBURSEMENT 1. Quarterly Performance Reports and Reimbursement Claims must be submitted by the Grantee to the Office of Traffic Safety (OTS) by January 30, April 30, July 30, and October 30, during each year of grant operation. The failure to timely submit complete and correct cloims within sixty (60) days of their due dates may constitute Grantees irrevocable waiver of any right to thereafter recover from Grantor any part of those waived grant sums which may thereafter be reallocated or reverted by Grantor. 2. OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a Grantee fails to comply with any applicable term or condition of this Grant Agreement or program guidelines (GPM, Chapter 3.11). This may include, but is not limited to, the following: • Failure to submit acceptable and timely reimbursements claims; • Failure to submit acceptable and timely quarterly performance reports; • Failure to submit an acceptable and timely Schedule C, Quarterly Evaluation Data (OTS-38g, applies only when a Schedule C has been required); • Failure to comply with requirement of the Single Audit Act (GPM, Chapter 4.11); and 3. By October 30, "continuing" grants must submit a September 30 claim and a written justification to support carrying forward the remaining grant year unexpended funds. September 30 claims and written justifications, supporting the carrying forward of these prior year unexpended funds submitted after November 30 may not be processed and the prior claim (i.e., June 30) will be considered the year-end claim in order to close out the federal fiscal year ending September 30. In addition, these unexpended funds will be de-obligated and allocated to new grants. 1SUB-CONTRACTS Grantee may enter into subcontract(s) to perform applicable provisions of this Grant Agreement. The Grantee is responsible for ensuring that all activities delegated to subcontractors are in support of this Grant Agreement. A. Grantee is the responsible party and shall remain liable for the performance of the terms, conditions, assurances, and certifications of this Grant Agreement, without recourse to the State, regarding the settlement and satisfaction of all contractual and administrative issues arising out of subcontract agreement(s) entered into in support of this Grant Agreement, including disputes, claims, or other matters of a contractual nature as well as civil liability arising out of negligence or intentional misconduct of the subcontractor(s). B. Nothing contained in this Grant Agreement shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Grantee of its responsibilities and obligations hereunder. Grantee agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee' s obligation to pay its subcontractors is an independent obligation from the State's obl igation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 4. Consultants and/or sub-contractors shall be selected in accordance with the grantee agency procurement policies and procedures in order to comply with the terms of this agreement and in accordance with OTS GPM Chapter 6 Procurement & Contract Administration and Exhibit 6-A General Terms, Conditions, and Certifications. The Grantee, consultant, contractor and/or sub-contractor are subject to all applicable terms and conditions and are bound by the applicable certifications of the Grant Agreement and 49 CFR Part 18, and/or CFR Part 19 whichever is applicable. Grantor is not obligated to make any payment under any agreement prior to final execution or outside the terms of the sub-contract period. Contractor/Grantee Agency expenditures incurred prior to final sub-contract execution are taken at the risk of that Contractor/Grantee Agency and will be considered unallowable if that agreement/sub-contract is not executed. AVAILABILITY OF FUNDS 5. If, during the term of the Grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the Grant award sum for allowable and uncancelable grant costs incurred following receipt of Grantor's written notice to the Grantee. 6. Funds Awarded under Catalog of Federal Domestic Assistance (CFDA) Number 20.600.REVISIONS 7. Grant Agreement revisions are allowed in accordance with the guidelines detailed in the OTS GPM, Chapter 3.8 and conforming to the revision examples provided in Chapter 3.9. All appropriate documentation required to request a grant revision requiring Grantor's approval (i.e. budget category increases, etc.) must be timely submitted to Grantor. 8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Those additional applicable terms and conditions identified in the OTS GPM, Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-A), are incorporated herein by reference and made a part of this Agreement. TRAFFIC ENFORCEMENT AGENCIES ONLY: 10. Full time Grantee traffic enforcement personnel and any equipment funded under this Grant shall be dedicated solely to Grant supported enforcement tasks unless a criminal offense is committed in the officer's presence and response to an officer in distress is initiated, and a riot requires that all available enforcement personnel be committed in response. 11. By signing this document the Grantee certifies that it is not suspended or debarred from doing business with the Federal Government. We, the officials named below, hereby swear that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. Executed on the date and in the county named below and made under penalty of perjury under the laws of the State of California. GRANT DIRECTOR'S NAME EXECUTED IN THE COUNTY OF Manuel Ariza GRANT DIRECTOR'S SIGNATURE TITLE Lieutenant Los Angeles, CA DATE EXECUTED AUTHORIZING OFFICIAL'S NAME EXECUTED IN THE COUNTY OF Jerry Fulwood Los Angeles, CA AUTHORIZING OFFICIAL'S SIGNATURE DATE EXECUTED TITLE City Manager Grant No. AL0964 CALIFORNIA OFFICE OF TRAFFIC SAFETY STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, GOVERNOR BUSINESS, TRANSPORTATION AND HOUSING AGENCY DALE E. BONNER, SECRETARY OFFICE OF TRAFFIC SAFETY 7000 FRANKLIN BOULEVARD, SUFTE 440 SACRAMENTO, CA 95823-1699 www.ots.ca.gov (916) 262-0990 (80O) 735-2929 (TT/TDD-Referral) (916) 262-2960 (FAX) May 28, 2008 Manuel Ariza, Lieutenant Culver City Police Department 4040 Duquesne Avenue Culver City, CA 90232 Dear Lieutenant Ariza: Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your funding request for the proposal titled "DUI Enforcement and Awareness Program" in the amount of approximately $128,433.00. Your OTS Coordinator will contact you by June 6, 2008, to discuss your proposal and explain the Grant Agreement process, including a possible "Pre-Funding Assessment" meeting. In preparation, please visit our website, www.ots.ca.gov, at Grants and Programs, to view the Grant Program Manual, which gives instructions for completing a Grant Agreement. The following are timelines for development of your Grant Agreement: Final Deadline for Draft Grant Agreement submitted to OTS July 11, 2008 Final Deadline for Final Grant Agreement submitted to OTS August 15, 2008 It is our goal to have all new grants start no later than October 1, 2008. Failure to meet these deadlines will jeopardize your funding. If approval from a City Council or the Board of Supervisors is required, you should begin that process now. Do not incur grant reimbursable costs prior to the receipt of your official approval packet from OTS or before your grant start date. OTS will initiate a statewide media news release regarding 2009 proposals selected for funding. Your agency should not publically announce this tentative award until the grant agreement is fully negotiated and signed by OTS. Again, congratulations on the success of your proposal. If you have any questions, please contact Ron Miller, Regional Coordinator, at (916) 262-0882 or e-mail at rmiller@ots.ca.gov . CHRISTOPHER J. MURPHY Director RM:knRESOLUTION NO. 2008-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY AUTHORIZING THE ACCEPTANCE OF A DRIVING UNDER THE INFLUENCE ENFORCEMENT AND AWARENESS GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY. WHEREAS, Motor vehicle collisions are a leading cause of death in the United States for all age groups and the number one cause of death for people between the ages of one and 34; and WHEREAS, In California alone for 2006, motor vehicle crashes killed 4,197 people and 1,779 were alcohol related, injure 277,574, and cost $15 billion each year; and WHEREAS, In 2007, the City of Culver City had 4 fatal traffic collisions and 2 of those were alcohol related along with 265 injury collisions resulting in 370 persons injured; and WHEREAS, The Culver City Police Department wants to reduce the number of fatalities and persons injured in traffic collisions, specifically fatalities and injuries related to alcohol-related collisions; and WHEREAS, The Culver City Police Department is eligible to receive $129,433 from the California Office of Traffic Safety for a Driving Under the Influence Enforcement and Awareness Program Grant; and NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE, as follows:|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28MARTIN COLE, City Clerk A08-00285 City Attorney S 1. The City Council of the City of Culver City does hereby approve the acceptance of the Driving Under the Influence Enforcement and Awareness Program Grant from the California Office of Traffic Safety. APPROVED and ADOPTED this day of 2008. D. SCOTT MALSIN, MAYOR City of Culver City, California ATTEST: APPROVED AS TO FORM:|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-