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CC 2024-08-13_09g Approving a Grant Agreement with CA Highway PatrolItem 9.g. MEMORANDUM TO: City Council FROM: Michael Martinez, Chief of Police BY: Alejandro Estrada, Acting Senior Police Officer SUBJECT: Resolution Approving a Grant Agreement with the California Highway Patrol and Approve a Budget Adjustment DATE: August 13, 2024 RECOMMENDATION: 1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Highway Patrol to help address ongoing traffic safety concerns and appropriate the funding for the activities; 2) Approve a Budget Amendment Request for FY 2024-25 in the amount of $155,600 to account for the additional revenue and expenditures related to the grant, including the purchase of a DUI Trailer totaling approximately $60,000 and a DUI Patrol Truck and outfitting totaling $80,000; and 3) Find that adopting the Resolution authorizing the Chief of Police to execute the grant document and appropriate the funding for activities is not a project subject to the California Environmental Quality Act (“CEQA”) because that declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no adverse financial impact to the City of Arroyo Grande to accept the California Highway Patrol grant. The annual grant award is for up to $155,600. The cost of equipment purchases, training, and overtime staffing for operations will be directly reimbursed through the grant. The cost of time for grant management will be absorbed into the regular duties of the Police Department Administration and Administrative Services Division of the City. BACKGROUND: The Arroyo Grande Police Department has not accepted grant funding from t he California Highway Patrol in the past. However, with the passage of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), California voters mandated the Page 134 of 218 Item 9.g. City Council Resolution Approving a Grant Agreement with the California Highway Patrol and Approve a Budget Adjustment August 13, 2024 Page 2 state set aside funding for the California Highway Patrol (CHP) to award grants to local governments and qualified nonprofit organizations, as described in the Revenue and Taxation Code Section 34019(f)(3)(B). The Cannabis Tax Fund Grant Program (CTFGP) marks an important step toward reducing impaired driving crashes, increasing public awareness surrounding the dangers of impaired driving, and making California’s roadways safer to travel. The CHP works closely with state and local agencies and other traff ic safety stakeholders to actively address impaired driving. The CHP will consider a variety of factors in determining specific needs for each grant cycle, including opportunities and projects best suited to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs. The purpose of the CTFGP is to provide alternative funding sources to augment, but not supplant, current activities and programs. The CHP allocates funds for the project categories in accordance with California Code of Regulations (CCR) Sections 1890.05 through 1890.07, as determined by the CHP. ANALYSIS OF ISSUES: The City of Arroyo Grande currently has a population of approximately 17,924. However, the City experiences a significant increase in daily population and traffic due to employment, business, and service providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the immediately adjacent cities, which make up the “Five Cities” area. The larger Five Cities area population is approximately 45,000 residents, not including the tourist population, which is estimated over 35,000 a year. Because of the City’s location situated half-way between Los Angeles and San Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. In addition, the City of Arroyo Grande hosts the only public high school in the Five Cities area, servicing over 2,000 high school students daily. Finally, the City has traditionally hosted several special events throughout the year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increa se the number of driver’s, bicyclists, and pedestrians on City roadways. With the resident, student, and transient tourist populations impacting the City’s total service population, traffic collisions and traffic incidents have increased over the last several years. An annual review of DUI collisions reveals that DUI incidents usually increase during the end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends and the holiday period, and Thanksgiving through New Year’s. Other times with identified increased DUI crimes and collisions include Halloween, Super Bowl Sunday, and local festivals/events. Specific to the City of Arroyo Grande, alcohol involved traffic incidents represent a significant threat to the community. These incidents do not consider factors such as age or economic status and affect the community as a whole; thus law enforcement efforts Page 135 of 218 Item 9.g. City Council Resolution Approving a Grant Agreement with the California Highway Patrol and Approve a Budget Adjustment August 13, 2024 Page 3 need to target the safety of all drivers. The City of Arroyo Grande and the surrounding beach communities are desirable destinations for tourists and residents. In parti cular, the historic Village area consists of numerous restaurants, shops, and bars. These businesses draw large crowds, both vehicular and pedestrian. The community is safer by reducing the number of DUI drivers on City streets. Significant progress is made in reducing the frequency of DUI crimes and collisions when law enforcement agencies conduct awareness campaigns and enforcement efforts. At a nationwide level, there has been a significant downward trend in traffic deaths over the last 20 years. However, DUI deaths have not dropped as dramatically. With continued efforts between law enforcement, community–based organizations, and the media, the number of DUI fatalities could be decreased. Through grant funding from CHP, the Arroyo Grande Police Department will be more successful in educating the public and curbing the problems associated with impaired driving. This will increase the safety of motorists within the City. Accepting the CHP grant will allow for the purchase of equipment and reimbursement of overtime staffing directly relating to training and enforcement of DUI laws. This will be accomplished through a variety of means including but not limited to: advanced training in DUI detection for officers, directed saturation patrols, and DUI checkpoints. Grant funding will allow the purchase of specialized equipment such as a DUI Command Trailer, DUI Patrol Truck which is an all-electric vehicle and a first for the cities fleet, Drug Recognition Expert (DRE) Training, Preliminary Alcohol Screening test (PAS), and funded overtime positions for enforcement programs. The goal of the C HP funded program is to decrease traffic collisions and DUI by increasing public awareness of traffic related incidents, , and increased enf orcement of traffic and DUI laws. Table 1 provides a breakdown by Subcategory of the total Grant Funds allocation. Page 136 of 218 Item 9.g. City Council Resolution Approving a Grant Agreement with the California Highway Patrol and Approve a Budget Adjustment August 13, 2024 Page 4 Table 1 - Cannabis Tax Fund Grant Program Breakdown ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution authorizing the Chief of Police to execute the grant agreement with the California Highway Patrol to help address ongoing traffic safety concerns and appropriate the funding for the activities; and Approve a Budget Amendment Request for FY 2024-25 in the amount of $155,600 to account for the additional revenue and expenditures related to the grant, including the purchase of a DUI Trailer totaling approximately $60,000 and a DUI Patrol Truck and outfitting totaling $80,000; 2. Do not adopt the Resolution; 3. Provide other direction to staff. ADVANTAGES: Accepting the California Highway Patrol grant will have several advantages. It will fund additional equipment purchases and training in the area of traffic enforcement, DUI detection, and drug impaired driving detection. This will enhance the knowledge, skills, and abilities and, the overall effectiveness of officers in these areas. It will fund overtime for officers to conduct specialized enforcem ent operations in the identified areas of concern, such as DUI saturation patrols and DUI checkpoints . DISADVANTAGES: No disadvantages are identified if the recommended action is approved. By not accepting the grant, the Police Department will not receive additional funding to enhance its current training programs in the identified areas. This will limit the Police Department’s additional Page 137 of 218 Item 9.g. City Council Resolution Approving a Grant Agreement with the California Highway Patrol and Approve a Budget Adjustment August 13, 2024 Page 5 enforcement programs, training, and equipment and enhanced public education that can be accomplished with grant funding. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Adopting the Resolution authorizing the Chief of Police to execute the grant document and appropriate the funding for activities is not a project subject to the California Environmental Quality Act (“CEQA”) because that declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Proposed Resolution 2. Draft Grant Agreement Page 138 of 218 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL TO ACCEPT GRANT FUNDING FOR TRAFFIC SAFETY PROGRAMS AND TO APPROPRIATE THE FUNDING FOR THE PROGRAM ACTIVITIES WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to receive Federal and/or State funding for a traffic safety enforcement, education, training and equipment through the California Highway Patrol; and WHEREAS, the California Highway Patrol has awarded $155,600 in grant funding to the Arroyo Grande Police Department for its Selective Traffic Enforcement Program; and WHEREAS, California Highway Patrol requires execution of a grant agreement in order to obtain the funding; and WHEREAS, by accepting this grant, funding will allow for the purchase of equipment and reimburse overtime staffing directly relating to training, traffic safety functions, enforcement of driving under the influence laws and public education; and WHEREAS, by accepting this grant, an appropriation of funding will be required for the activities; and WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate authorization to the Chief of Police to execute this grant agreement and any amendments thereto. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein. 2. Approval. The grant agreement is approved, and the Chief of Police is authorized to accept the grant award in the amount of $155,600 and execute the grant agreement and amendments thereto with the California Highway Patrol. 3. Budget Amendment. A Budget Amendment Request for FY 2024-25 in the amount of $155,600 is hereby approved to account for the additional revenue and expenditures related to the grant. 4. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule Page 139 of 218 RESOLUTION NO. PAGE 2 that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. 6. Effective Date. This Resolution shall become effective immediately. On motion of Council Member _________, seconded by Council Member _________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 13th day of August, 2024. Page 140 of 218 RESOLUTION NO. PAGE 3 _____________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: _____________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _____________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: _____________________________________ ISAAC ROSEN, CITY ATTORNEY Page 141 of 218 State of California DEPARTMENT OF CALIFORNIA HIGHWAY PATROL GRANT AGREEMENT - Page 1 Award Number 17881 ________________________________________________________________ 1.GRANT TITLE FY24/25 CTFGP Law Enforcement - Arroyo Grande Police Department 2.NAME OF ORGANIZATION/AGENCY Arroyo Grande PD 3.ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT Arroyo Grande PD 4.PROJECT PERFORMANCE PERIOD From: 07/01/2024 To: 06/30/2025 5.PURCHASE ORDER NUMBER 6.GRANT OPPORTUNITY INFORMATION DESCRIPTION Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies. 7.FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $155,600.00 8.TERMS AND CONDITIONS The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference. The parties hereto agree to comply with the Terms and Conditions of the following attachments: •Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure •Schedule B – Detailed Budget Estimate •Schedule B-1 – Budget Narrative 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 Grant Agreement is executed by the parties hereto. 9.APPROVAL SIGNATURES A.AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY Name: Michael Martinez Title: Chief of Police Phone: (805) 473-5110 Address: 200 N Halcyon Road Arroyo Grande, CA 93420 E-Mail: mmartinez@arroyogrande.org ___________________________ _______________ (Signature) (Date) B.AUTHORIZED OFFICIAL OF CHP Name: Andrew Beasley Phone: (916) 843-4360 Title: Captain Fax: (916) 322-3169 Address: 601 North 7th Street Sacramento, CA 95811 E-Mail: ABeasley@chp.ca.gov ___________________________ _______________ (Signature) (Date) C. ACCOUNTING OFFICER OF CHP Name: C. M. Jones Phone: (916) 843-3531 Title: Commander Fax: (916) 322-3159 Address: 601 North 7th Street Sacramento, CA 95811 E-Mail: Catrina.Jones@chp.ca.gov ___________________________ _______________ (Signature) (Date) 10.AUTHORIZED FINANCIAL CONTACT TO RECEIVEREIMBURSEMENT PAYMENTS Name: Nicole Valetine Title: Administrative Services Director Phone: (805) 473-5110 Address: 200 N Halcyon Road Arroyo Grande, CA. 93420 ATTACHMENT 2 Page 142 of 218 TERMS AND CONDITIONS Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated. A. EXECUTION 1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement. 2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement. 3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State. 4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval. 5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement. B. PROJECT ADMINISTRATION 1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State. 2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement. 3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State. 4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs. Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing. 5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360. Page 143 of 218 TERMS AND CONDITIONS C. PROJECT TERMINATION 1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw. a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure. 2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated. 3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination. 4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities. D. FINANCIAL RECORDS 1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement. E. HOLD HARMLESS 1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement. Page 144 of 218 TERMS AND CONDITIONS F. NONDISCRIMINATION 1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT 1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE 1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: i. The dangers of drug abuse in the workplace. ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will: i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement. 2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred: a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.) I. LAW ENFORCEMENT AGENCIES 1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4. Page 145 of 218 TERMS AND CONDITIONS J. LABOR CODE/WORKERS' COMPENSATION 1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700). K. GRANT APPLICATION INCORPORATION 1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement. L. STATE LOBBYING 1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice. M. REPRESENTATION AND WARRANTIES 1. The Grantee represents and warrants that: a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules. b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax- exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status. d. All of the information in its Grant Application and all materials submitted are true and accurate. N. AIR OR WATER POLLUTION VIOLATION 1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. Page 146 of 218 TERMS AND CONDITIONS O. GRANTEE NAME CHANGE 1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority. 2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment. P. RESOLUTION 1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement. Q. PAYEE DATA RECORD FORM STD. 204 1. This form shall be completed by all non-governmental Grantees. R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM 1. This form shall be completed by all Grantees. S. CONFLICT OF INTEREST 1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification. 2. Current State Employees: a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment. b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services. 3. Former State Employees: a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service. 4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with Page 147 of 218 TERMS AND CONDITIONS participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement. 5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement. 6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one. 7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them. 8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void. T. EQUIPMENT-USE TERMS 1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts. 2. Law Enforcement Projects: a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices. b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement. Page 148 of 218 Schedule A Arroyo Grande PD All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Project Description Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies will include impaired driving enforcement, enforcement operations focusing on education. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. Travel/training funds will be used to send officers to DRE training to further enforcement efforts. Problem Statement & Proposed Solution The City of Arroyo Grande currently hosts a resident population of approximately 18,380. However, the City experiences a significant increase in daily population and traffic due to employment, business and service providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the cities immediately adjacent, making up the “Five Cities” area. The larger Five Cities area population is approximately 45,000 residents, not including the tourist population, which is estimated at approximately 35,000 a year. Because of the City’s location situated half-way between Los Angeles and San Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. Finally, the City has traditionally hosted several special events throughout the year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increase the number of driver’s bicyclists and pedestrians on City roadways. With the resident, student, and transient tourist populations impacting the City’s total service population, traffic crashes and traffic incidents have also increased over the last several years. Specific to the City of Arroyo Grande, alcohol involved traffic incidents are among the biggest threats to the community. These incidents do not consider factors such as age or economic status and affect the community as a whole thus law enforcement efforts need to target all drivers. The City of Arroyo Grande and the surrounding beach communities are a desirable destination for tourists and residents. In particular, the historic village area consists of numerous restaurants, shops, and bars. These qualities draw large crowds, both vehicular and pedestrian. The community is safer by reducing the number of DUI drivers on the City streets. An annual review of driving under the influence (DUI) crashes reveals that DUI incidents are usually increased during the end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends and the holiday period (Thanksgiving through New Year’s). Other times with identified DUI crimes and crashes include Halloween, Super Bowl Sunday, Cinco de Mayo, and local festivals/events. The Arroyo Grande Village (downtown area) has several new bars and restaurants which draw large numbers of people on weekend and holiday nights. In 2021, the Arroyo Grande Police Department made 156 DUI arrests, in 2022, AGPD made 209 DUI arrests, and in 2023 AGPD made 115 DUI arrests. Significant progress is made in reducing the frequency of DUI crimes and crashes when law enforcement agencies conduct awareness campaigns and enforcement efforts. In 2023, there were 46 injury traffic crashes in the City of Arroyo Grande, affecting 57 victims, and one fatal traffic crash affecting one victim. Additionally, 12 of these crashes were alcohol related, resulting in 16 injured victims. While fatal crash numbers in Arroyo Grande remain low, averaging less than one per year over the last several years, the number of victims injured in crashes has increased over the past several years, with the exception of the two most recent calendar years. With a best practice and focused enforcement plan through the Selective Traffic Enforcement Program, the Arroyo Grande Police Department will be more successful in curbing the problems associated with intoxicated drivers. The Department has encouraged patrol officers and traffic officers to focus enforcement on reducing the alcohol as well as sending officers to advanced training such as ARIDE and DRE. Performance Measures/Scope of Work Purchase a DUI trailer to support DUI check points, and DUI saturation patrols as well as conduct DUI checkpoints in correlation with ongoing OTS grant as well. Page 149 of 218 Schedule A Purchase a Traffic car which officers will have readily available to conduct DUI saturation patrols and to attempt to more effectively catch DUI violators. Purchase of PAS machines (3X) Send officer to DRE school to assist with recognition of drugs as it relates to impaired drivers. Project Performance 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. Administrative Support: This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 1. Prepare and submit grant claim invoices quarterly. 2. Prepare and submit Quarterly Performance Reports Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. Collect, analyze and report statistical data relating to the grant goals and objectives. Program Sustainability Department administration understands this grant is not meant to substitute funds and project sustainability depends on the department. The funds requested are to support the departments needs as it pertains to equipment, training and additional enforcement efforts. After the items are purchased, the department intends on upkeeping and maintaining the equipment obtained through this grant, and continuing use for impaired driving and other traffic enforcement efforts. Administrative Support This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. Page 150 of 218 Grant Total $155,600.00 Schedule B Detailed Budget Estimate Award Number Organization/Agency Total Amount 17881 Arroyo Grande PD $155,600.00 Cost Category Line Item Name Total Cost to Grant Other Direct Costs PAS Devices DUI Patrol Vehicle - Outfitting $1,600.00 $10,000.00 Category Sub-Total $11,600.00 Personnel DUI Saturation Patrol $10,500.00 Category Sub-Total $10,500.00 Travel DRE Training – Attend Travel $3,500.00 Category Sub-Total $3,500.00 Equipment DUI Trailer DUI Patrol Vehicle $60,000.00 $70,000.00 Category Sub-Total $130,000.00 Page 151 of 218 Schedule B-1 Budget Narrative Arroyo Grande PD Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction. Other Direct Costs PAS Devices $1,600.00 • 3 new FST PAS machines • Each unit is $445 DUI Patrol Vehicle – Outfitting: (Any outfitting costs that are not vehicle wrap, lights/siren, Police radio, and prisoner transport partition are not eligible costs and will not be reimbursed.) $10,000.00 Vehicle lighting / siren Outfitter was unable to get quote in time roughly estimated $9,500. Personnel DUI Saturation Patrol $10,500.00 Conduct 5 DUI saturation patrols. Attached is Sgt’s, senior and regular patrol officer pay and overtime rate Travel DRE Training – Attend Travel $3,500.00 Send officer to DRE school • Tuition: $0 • Per diem: $800 • Gas: $200 • Lodging: $ 2,500 Equipment DUI Trailer $60,000.00 DUI Patrol Vehicle $70,000.00 1 DUI Patrol Vehicle. Unit cost $68,384 Page 152 of 218