HomeMy WebLinkAboutRes2018-059Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2018-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $990.00 FROM
THE ALASKA HIGHWAY SAFETY OFFICE FOR THE FFY2018 HIGH
VISIBILITY ENFORCEMENT — DUI EVENT DURING THE PERIOD OF
INDEPENDENCE DAY (JULY 1-5, 2018) AND APPROPRIATING FUNDS
WHEREAS, the Seward Police Department has been awarded a High Visibility Enforcement
— DUI Event Grant from the Alaska Highway Safety Office, in the amount of $990.00; and
WHEREAS, the City is not required to provide any cash or in kind match; and
WHEREAS, the use of these funds must be for the purpose of providing overtime saturation
patrols by the Seward Police Department to conduct high visibility DUI enforcement during
Independence Day (July 1-5, 2018); and
WHEREAS, these funds will be of essential assistance to the Seward Police Department in
the enforcement of DUI violations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to accept the 2018 Alaska Highway Safety
Office High Visibility Enforcement — DUI Event grant in the amount of $990.00 and enter into a
grant agreement.
Section 2. Funding in the amount of $990.00 is accepted to grant revenue account #01000-
4252-0004 and appropriated to the police department's overtime account # 01000-1210-6001 in the
amount of $930.00 and to the maintenance and repair account #01000-1210-7216 in the amount of
$60.00.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 h day
of July, 2018.
THE CITY OF SEWARD, ALASKA
David Squires, Mayor
CITY OF SEWARD, ALASKA
RESOLUTION 2018-059
AYES: Seese, Towsley, Casagranda, Keil, McClure, Horn, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Brenda J. Ballou, C
City Clerk •��*�...,,,��
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Agenda Statement
Meeting Date: July 9, 2018
To: City Council �Ie
Through: City Manager Jim Hunt
From: Tom Clemons, Chief of Police
Agenda Item: Alaska Highway Safety Grant
(High Visibility Enforcement DUI 4t1' of July Holiday)
BACKGROUND & JUSTIFICATION:
The Alaska Highway Safety Office, AHSO, has requested that the City of Seward continue to
participate in the FFY2018 High Visibility Enforcement DUI Events by providing overtime
saturation patrols. During designated dates, the Seward Police Department will conduct high -
visibility DUI enforcement patrols. AHSO has awarded a grant in the amount of $990.00 for July 1 -
5, 2018.
This program is a 100% grant funded project, with no local matching funds required.
The terms of the grant and the grant budget are attached.
INTENT:
In order to reduce deaths and injuries caused by impaired drivers.
CONSISTENCY CHECKLIST:
Yes
No
N/A
Comprehensive Plan: 2020 Comprehensive Plan, Vol. I, page 14,
1
Adopted by City Council Resolution No 2005-26.
X
Public Safety
"...to ensure the highest level of public safety within the community '
Strategic Plan: City Strategic Plan, page 18, Approved by City Council
Resolution No 99-043
2.
Promote a safe community
X
"We are a community that promotes the public health safety and welfare
of its residents by ..., providing superior police, ... service"
[3--Lother
(list):
X
FISCAL NOTE:
There is no local funding requirement to match these grant funds.
Approved by Finance Department: 4/�/—�
ATTORNEY REVIEW: Yes No X Not Applicable
RECOMMENDATION:
City Council approve Resolution 2018- 059 , accepting a grant from the Alaska Highway Safety
Office in the amount of $990.00, and appropriating funds.
State of Alaska DOT & PF
Supplemental P.O. Box 112500
Juneau AK 99801-2500
DUI Enforcement Ph: 907-465-4070
Fx: 907-465-6984
dot alaska gov/highwaysafety
Grantee Name and Address:
Title/ Short Description:
Seward Police Department
PO Box 167
Seward , Alaska 99664
FFY2018 High Visibility Enforcement - DUI Events
Action Requested �1 New Setup —Revision of Agreement: Please provide change in the Enforcement plan Breakdown.
ACTUAL COST OF OVERTIME TO INCLUDE BENEFITS IS NOT TO EXCEED
THE FOLLOWING AMOUNT INCLUDING VEHICLE USAGE
99� ��
Enforcement Plan Breakdown
Enforcement Period
B dciet of Time/Hours
Budget
EXPENSE ITEMS
HOURS
AVERAGE HOURLY
4th of July Holiday Weekend
18:00, 711118 through 06:00715118
Hours
10.00
Is 93.00
$ 930.00
Vehicle Usage
$ 6 00
$ 60.00
Enforcement
Period Total:
990.00
Hours
$ 600
$
Vehicle Usage
S
Enforcement Period Total:
Hours
Is 6.00
S -
Vehicle Usage
$ -
Enforcement Period Total:
$
Hours
Is.
I
$
Vehicle Usage I
6.00
1 $
Enforcement Period Total:
Hours
Vehicle Usage
$
$ 600
S
Enforcement Period Total:
$
Hours
$ 6.00
$
Vehicle Usage
$
Enforcement Period Total:
Total Hours
$ 930.00
Total Vehicle Usagel
$ 60.00
GRAND TOTAL of Enforcement Periodl $ 990.00
PurposelObjectives: In order to reduce deaths and injuries caused by impaired drivers, the Grantee will conduct high -visibility DUI enforcement as detailed in
the Alaska Strategic Enforcement Partnership Enforcement Plan submitted to the Alaska Highway Safety Office in April 2006. The Seward Police Department
agrees to participate in the following enforcement blitzes from October 1. 2017 through September 30. 2018. As a guideline, a minimum of three (3) self -initiated
contacts per hour funded with a 'desired outcome' of contacting as many violators as possible should be made Allowable use of funds is for overtime salary
@ 1.5 times the normal rate, wages and benefits of commissioned personnel in direct support of operational activity. To receive reimbursement for
personnel services the department must provide activity sheets, overtime hours worked and the overtime hourly rates for each officer
Agreement are as outlined above for FFY2018 Grant period of October 1, 2017 - Sep. 30, 2018.
Project Control DUI Enforcement Agreement Approved
Accepted for the Grantee by:
6r 2-
Signature Date
Grants Administrator: Miles Brookes
Signature Date
You may proceed with the activities for the Categories and specific Tasks enumerated in the above Enforcement Agreement. Conditions to this agreement are
as outlined in the "Agreement Conditions" CONDITIONS ARE A PART OF THE PROJECT AGREEMENT AND, AS SUCH, ARE BINDING ON ALL PARTIES
TO THE PROJECT AGREEMENT.
This Enforcement Agreement is cumulative and supersedes all prior Enforcement Agreements.
The AHSO Administrator for this NTP is Tammy Kramer
Issued for the Contracting Agency per ADOT&PF Policy #01 01 050 by Tammy Kramer
Signature Date
t1.1
Section 3: Agreement Conditions
THE FOLLOWING CONDITIONS ARE A PART OF THE PROJECT AGREEMENT AND, AS
SUCH, ARE BINDING ON ALL PARTIES TO THE PROJECT AGREEMENT
A Contingent Upon Federal Funding: The award of grant funding is subject to the availability of Federal funding.
The AHSO reserves the right to incrementally fund any awarded grant at any time during the grant period.
B. Match: The Subgrantee agency is expected to provide a local hard dollar match when funding for personnel is
included in this Agreement. The local match is a minimum of 10 percent for first year projects, 50 percent for the
second year of project funding, and 75 percent for the third year of project funding, Funding identified by the
Subgrantee to meet the "hard" match requirement shall not originate from other federal funds or be used as match
for another federal program.
C. Nondiscrimination: The Subgrantee 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.G. 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 subrecipients 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, et seq.),
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.
D BUY AMERICA Requirement: The Buy America Act, , 49 U.S.C. 53230) prohibits States from using highway safety
grant funds under 23 U.S.G. Chapter 4 to purchase products, unless they are produced in the United States. This
prohibition applies to steel, iron, and all manufactured products, unless the Secretary of Transportation has
determined that it is appropriate to waive the Buy America Act requirement. There is no minimum purchase threshold
that exempts the need for a waiver. The Subgrantee agency agrees not to place any order for, or make any purchase
of, any product which is not produced in the United States without documentation of a written waiver from the U.S.
Department of Transportation. All requests for such waivers shall be submitted to the Alaska Highway Safety Office
(AHSO).
E. Property State and Local Agencies and Other Non -State Subgrantees: Equipment and other property acquired
under this Agreement for use in highway safety projects shall be used and kept in operation for highway safety
purposes. State Agencies: Property management standards described in the `State Property Accounting Manual"
will be used in accounting for equipment purchased under this Agreement. Local Agencies and Other Non -State
Subgrantees: Standards for property management described in 49 CFR 18.32(c) through e) will be used in
accounting for equipment purchased under this Agreement. The Applicant Agency shall seek disposition instructions
from the AHSO prior to disposing of any item of equipment purchased under this project. Nothing in this Agreement
shall prevent the Applicant Agency from following existing property management standards that exceed the
requirements set out in 49 CFR 18.32(c) through (e).
F. Copyright: The AHSO and the U.S. Department of Transportation reserves a royalty -free, nonexclusive and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use. for State or Federal
government purposes: 1) the copyright in any work developed under a grant, sub grant, or contract under a grant
or sub grant; and 2) any rights of copyright to which a grantee, sub grantee, or a contractor purchases ownership
with grant support.
G. Subcontracts: Services performed, or materials provided, by a Subgrantee`s subcontractor shall align with the
objectives and intent of the grant agreement. The AHSO will not reimburse for work performed by any subcontractor
until a copy of the subcontract is reviewed by the AHSO and deemed to meet the objectives of the grant agreement.
47
H. Sub Awards to Debarred and Suspended Parties: Subgrantees must not make any award (sub grant or contract)
at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation
in Federal assistance programs under Executive Order 12549, "Debarment and Suspension'.
Instructions for Primary Certification:
1. By signing and submitting this proposal, the prospective primary participant 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 prospective
primary participant 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 prospective primary
participant 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 prospective primary participant shall provide immediate written notice to the department or agency to which
this proposal is submitted if at any time the prospective primary participant 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, proposal, 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 proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal 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 prospective primary participant further agrees by submitting this proposal 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 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 prospective primary participant certifies to the best of its knowledge and belief, that its principals:
48
(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 proposal 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/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this proposal
I Standards for Americans with Disabilities: Subgrantees, contractors, and others who receive funding from the
State of Alaska, Department of Transportation and Public Facilities, to provide a service or services to the general
public as an agent of the state must certify that all programs, services, and activities operated under the grant or
contract are made available to the general public in compliance with the Americans with Disabilities Act of 1994.
Grant or contract recipients are subject to state review.
J. Procurement Standards: Subgrantees will use their own procurement procedures which reflect applicable State
and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards
identified in 49 CFR 18.36,
K. Progress Reports: The Subgrantee agency shall submit quarterly narrative progress reports by mail or
electronically which must include an update on grant performance measures, by the 15th of the month following the
end of each calendar quarter and an annual evaluation report by November 15th during the life of the project.
L Financial Reports: The Subgrantee agency certifies it has an accounting system capable of properly accounting
for expenditures made under this project. Claims for costs incurred must be submitted on a monthly basis, by the
1511 of the end of the previous month. Claims must be accompanied by supporting documentation which may be
submitted by mail or electronically. Original copies of all supporting documentation submitted electronically must be
kept in the Subgrantee agency's grant project file for at least three years after the end date of the grant.
M News Releases: The AHSO encourages Subgrantee agencies to publicize the Highway Safety project award. The
"Alaska Highway Safety Office" shall be named as the granting agency in any news releases announcing the project
award. Any subsequent news releases written by the Subgrantee agency regarding the project and related activity
shall mention the "Alaska Highway Safety Office".
N. Highway Safety Tag: The "Alaska Highway Safety Office" shall be identified as the sponsor or co-sponsor in any
public information materials developed under a highway safety project. This requirement includes public service
announcements on radio and television, newspaper advertisements, pamphlets and brochures, and promotional
"giveaways" such as bumper stickers, key chains, etc. Promotional items must include both AHSO and Alaska's
"Target Zero" logo or wording to support the Alaska Strategic Highway Safety Plan as well as the type or
national/state slogan of the current national or state driver behavior program: Impaired Driving, Occupant Protection,
Traffic Records, Motorcycle Safety, etc. Examples of a national program include "Click It Or Ticket", and "Drive
Sober Or Get Pulled Over".
O. Record Retention: All financial and programmatic records, supporting documents, statistical records, and other
records of the Subgrantee agency which are required to be maintained by the terms of 49 CFR 18.42 and other
records reasonably considered as pertinent to program regulations or the project agreement must be retained for a
period of three years after submittal of the final claim. Additional record retention requirements may be found in 49
CFR 18.42 and are incorporated and made part of this Agreement by reference The AHSO and the Comptroller
General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent
books, documents, papers, or other records of Subgrantees which are pertinent to the grant, in order to make audits,
examinations, excerpts, and transcripts.
EK,
P Enforcement: If the Subgrantee agency materially fails to comply with any term of this Agreement, the AHSO may
take one or more of the actions listed in 49 CFR 18,43(a)(1) through (5), as appropriate in the circumstances.
Additional provisions for enforcement are listed in 49 CFR 18.45(b) through (d).
Q. Termination for Convenience: Except as provided in 49 CFR 18.43, this Agreement may be terminated in whole
or in part only as follows: a) by the AHSO with the consent of the Subgrantee agency, in which case the two parties
shall agree upon the termination conditions, including the effective date, and, in the case of partial termination, the
portion to be terminated, or b) by the Subgrantee agency upon written notification to the AHSO, setting forth the
reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated.
If, however, in the case of a partial termination, the AHSO determines that the remaining portion of this Agreement
will not accomplish the purposes for which the award was fmade, the AHSO may terminate the Agreement in its
entirety under either 49 CFR 18.43 or paragraph a) of this section.
R Audit: The Subgrantee agency agrees to arrange for a financial and compliance audit as required under the Single
Audit Act of 1984 and to provide a copy of the final audit report to the AHSO upon request. The CFDA (Catalog of
Federal Domestic Assistance) number of the State and Community Highway Safety Program is 20.600-20.613. The
financial agency responsible for arranging for the audit shall be advised by the Subgrantee agency of this number.
S. Laws of Alaska: This Agreement shall be governed in all respects by the laws of the State of Alaska.
T. Limited English Proficient Persons (LEP) Guidance: Two Federal authorities, Title VI of the Civil Rights Act of
1964 and the Presidential Executive Order (EO) 13166, Improving Access to Services for Persons with Limited
English Proficiency, require the ADOT&PF to provide LEP persons with meaningful access to programs, activities
and services. To fully implement Title VI and EO 13166, the U.S DOT published guidance to its recipients of Federal
assistance on December 14, 2005 in the Federal Register. ADOT&PF is required to take reasonable steps to ensure
meaningful access to their programs and activities by LEP persons. If you have any questions, please contact the
Civil Right Manager, at 907 269-0850.
U. Political Activity (Batch Act): The Subgrantee agency will comply, as applicable, with provisions of the Hatch Act
(5 U.S.C. §§1501-1508) which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
Signature of Subgrantee Project Manager: Date:
!.1t
Section 4: 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
(1) 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.
RESTRICTION ON STATE LOBBYING
None of the funds under this program will 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 with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
Signature of Subgrantee Project Manager: / �r� Date:
61