CITY
OF SIMI VALLEY
MEMORANDUM
Augus
t 8, 2022
TO: City
Council
FRO
M: Police Department
SUBJE
CT: ADOPTION OF A RESOLUTION AUTHORIZING ACCEPTANCE OF $54,000 FROM THE FY 2022-23 STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL (“CHP”) CANNABIS TAX GRANT PROGRAMS;
AUTHORIZE THE CITY MANAGER OR DESIGNEE TO SIGN ALL GRANT RELATED DOCUMENTS; AND APPROVE A SUPPLEMENTAL BUDGET
REQUEST OF $54,000 IN FUND 287
STAFF RECOMMENDATION
It is recommended that the City Council ad opt Resolution No. 2022-4 6 (page 4) to accept a $5 4,000 grant award from the FY 2022-23 State of California, California Highway Patrol (“C HP ”) Cannabis Tax Grant Program; authorize the City Manager to sign grant related documents; and approve a Supplemental Budget Request
of $54,000 in Fund 287, with a transfer to the General Fund (100) for Salary Reimbursements of all personnel instructor co sts.
BACKGROUND AND OVERVIEW
In February 2022, staff applied for the State of California CHP Cannabis Tax Grant t
o cover the cost of officer s/ instructors to teach Standard Field Sobriety Test (“SFST”), Advanced Roadside Impaired Driving Enforcement (“ARIDE”), and Drug Recognition Expert (“DRE”) recertification/field certification . Additionally, the grant will fund attendance at the Governors Highway Safety Conference, and an educational video production on the topic . In June of 202 2, the City was notified that it was successful in its application with CHP and was awarded $54,000.
FINDINGS AND ALTERNATIVES
Current prosecutorial procedures require a Drug Recognition Expert ( DRE) to perform an evaluation of all subjects suspected of driving under the influence of drugs (“DUI”). T he Simi Valley Police Department currently has 11 of its allotted 125 officers trained as a D
rug Recognition Expert. The Simi Valley Police Department is in need of additional DRE trained officers to efficiently fulfill the required prosecutorial procedures. Additionally, it is i
mperative to keep up to date on traffic related trends to better serve the community and prevent impaired driving.
AGENDA
ITEM NO.
Consent (9)
2 It was determined that the CHP Cannabis Tax Grant provides law enforcement grants to allied agencies for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, improve the agency’s effectiveness t hrough training, and aid in the development of new strategies.
T
his grant provides for reimbursement of salary and benefits of instructors’ time to teach SFST and ARIDE, and provide DRE certification/recertification to the Department’s officers. Having the capabilities to teach this program in-house is invaluable. This grant will also provide funding to attend the annual Governors Highway Safety Conference as well as provide funding to develop an educational video in conjunction with local high school students to educate them of the dangers of driving while impaired.
T
he Simi Valley Police Department's goal is to continue training our law enforcement officers in the area of DUIs to protect Simi Valley residents from impaired drivers. In 2021, approximately 8% of Simi Valley documented injury collisions were DUIs; however, in 2020, DUI collisions represented 11% of documented injury collisions. Additionally, in 2020 the Department made 178 DUI arrests and 193 arrests in 2021, with the DUI drug arrests nearly doubling from 11 to 20 in the same time-period. The Department believes that the decrease in collisions related to DUI from 2020 to 2021 is the result of better - educated officers in the area of DUI arrests as well as increased enforcement. T he City is currently experiencing more collisions involving intoxicants aside from alcohol. Grant funds will be utilized to reimburse the City’s General Fund for costs associated with this training/certification, education in traffic trends associated with impaired driving, as well as teen education in impaired driving. No City match is required and all funds are planned for expenditure by the deadline of June 30, 2023.
T
o proceed, the City Council must approve Resolution No. 2022-46 accepting the grant award from CHP’s Cannabis Tax Fund Law Enforcement G rant Program; authorize the City Manager to execute all grant related documents; and approve a Supplemental Budget Request of $54 ,000 for Fund 287 with a transfer to the General Fund (100) for Salary Reimbursements of all personnel Instructor costs. .
The following alternatives are available to the City Council:
1. Adopt Resolution No. 2022-4 6 accepting a $5 4,000 grant from the FY 2022-23 State of California, CHP Cannabis Tax Grant Program; authorize the City Manager to execute all grant-r elated documents; and approve a Supplemental Budget Request of $54,000 to Fund 287, with a transfer to the General Fund (100) for Salary Reimbursements of all personnel Instructor costs;
2. Do not approve the acceptance of the FY 2022-23 State of California, CHP Cannabis Tax Grant Program grant award;
3. Provide staff with other direction.
S
taff recommends Alternative No. 1.
3 SUGGESTED CITY COUNCIL MOTION
I move to adopt Resolution No. 2022-46 to accept a $54,000 grant award from the FY 2022-23 State of California, California Highway Patrol (“CHP”) Cannabis Tax Grant Program; authorize the City Manager to s ign grant related documents; and approve a Supplemental Budget Request of $54,000 in Fund 287 with a transfer to the General Fund (100) for Salary Reimbursements of all personnel Instruc tor costs.
SUMMARY
The City has been awarded FY2022- 23 State of California, CHP Cannabis Tax Grant Program grant totaling $54,000 to cover the cost of in -house instructors to teach Standardized Field Sobriety Test (SFST) training, Advanced Roadside Impaired Driving Enforcement (ARIDE) training, Drug Recognition Expert (DRE) training , instruction for DRE rece rtification/field certification, attend the 2022 Governors Highway Safety Conference, and funding to help produce an educational video on the dangers of “Driving High.”
Staff recommends that the City Council adopt Resolution No. 2022-46; accept a $54,000 grant award from FY2022-23 State of California, CHP Cannabis Tax Grant Program ; authorize the City Manager to sign grant related documents; and approve a Supplemental Budget Request of $54 ,000 to Fund 287 with a transfer to the General Fund (100) for Salary Reimbursements of all personnel Instructor costs; ___
_________________________________
David M. Livingstone
Chief of Police
P
repared by: James Buckley, Police Commander
INDEX Page
R
esolution No. 2022-46 .................................................................... 4 Exhibit 1 – Grant Award Letter ......................................................... 6 Exhibit 2 – Grant Agreement ............................................................ 7 4 RESOLUTION NO. 2022-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING ACCEPTANCE OF GRANT
FUNDS AND THE EXECUTION OF A GRANT
AGREEMENT, AND ANY AMENDMENTS THERETO, FROM
THE FY 2022-23 STATE OF CALIFORNIA
DEPARTMENT OF HIGHWAY PATROL (CHP)
CANNABIS TAX GRANT PROGRAM
W
HEREAS, the State of California, Department of California Highway patrol (CHP), has awarded grant funding from its Cannabis Tax Grant Program (“Grant”); and W
HEREAS, the City Council of the City of Simi Valley desires to accept the grant funds for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis; and W
HEREAS, the CHP Cannabis Tax Grant Program has awarded grant funding in the amount of $54,000 to cover costs for instructors to teach Standard Field Sobriety Test ( “SFST”), Advanced Roadside Impaired Driving Enforcement ( “ARIDE”), Drug Recognition Expert (“DRE”), to recertify/certify officers as Drug Recognition Experts, to attend the 2022 Governors Highway Safety Conference, and to fund production of an educational video on the dangers of “Driving High”; and W
HEREAS, the City Council finds and determines that acceptance of the grant funds from the State of California, CHP Cannabis Tax Grant Program could provide a benefit to the safety of the residents of Simi Valley.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
S
ECTION 1. The City Council of the City of Simi Valley hereby approves the acceptance of the grant funds from the State of California, CHP Cannabis Tax Grant Program in the amount of $54 ,000 for the reimbursement to the City’s General Fund for officer’s/instructor’s time to teach Standard Field Sobriety Test ( “SFST”), Advanced Roadside Impaired Driving Enforcement (“ARIDE”), Drug Recognition Expert (“DRE”), to recertify/certify officers as Drug Recognition Expert s, for attendance of the 2022 Governors Highway Safety Conference, and for funding of the production of an educational video on the dangers of “Driving High.”
S
ECTION 2. The City Council of the City of Simi Valley authorizes the City Manager, or designee, to enter into, execute and deliver the grant agreement , and any and all subsequent amendments thereto with the State of California for the purposes of the Grant.
5 RES NO. 2022-46
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 8th day of August 2022.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
David M. Livingstone
Chief of Police
State of California -- Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-3330
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 10, 2022
Deputy Chief James Buckley
Simi Valley Police Department
3901 Alamo Street
Simi Valley, CA 93063
Dear Deputy Chief Buckley:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Simi Valley Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $54,000.00. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
All grant awards, including any adjustments to requested funding, were made by the Department based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division
EXHIBIT 1
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
AWARD NUMBER
9625
1. GRANT TITLE
FY22/23 CTFGP Law Enforcement - Simi Valley Police Department
2. NAME OF AGENCY
Simi valley Police Department
4. PERFORMANCE PERIOD
From: 07/01/2022
To: 06/30/2023 3. AGENCY SECTION TO ADMINISTER GRANT
Traffic Bureau
5. 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. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, improve agency’s effectiveness through training and development of new strategies.
6. FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED $54,000.00
7. TERMS AND CONDITIONS
The Grantee agrees to complete the Project as described in the Project Description. The Grantee’s Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27 are hereby incorporated into this 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; and
• 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 Agreement has been executed by the parties hereto.
8. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF AGENCY
Name: James Buckley Phone: (805) 583-6915
Title: Deputy Chief
Address: 3901 Alamo St, Simi Valley, CA 93063
E-Mail: [email protected]
(Signature) (Date)
B. AUTHORIZED OFFICIAL CHP
Name: Evan Robinson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street, Sacramento, CA 95811
E-Mail: [email protected]
(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: [email protected]
(Signature) (Date)
D. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
PAYMENTS
Name: Sandra Hernandez
Address: 3901 Alamo St, Simi Valley, CA 93063
9. PURCHASE ORDER NUMBER
EXHIBIT 2
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 Agreement. Failure by the Grantee to comply may result in the termination of this Agreement by the California Highway Pa trol (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 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 Agreement.
2. The funding for this 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 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 Agreement, whereby no party shall have any further obligations or liabilities under this Agreement, or 2) negotiate an Agreement amendment to reduce the grant award and scope of services to be provided under this Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement has been 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 Agreement, necessary to complete or carry out the project as described in this Agreement. Any modification or alteration of this Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing 30 calendar days in advance to the State for approval.
5. The Grantee agrees to complete the project within the timeframe indicated in the Performance Period, which is on page one of this 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 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 60 calendar days after completion of this 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 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 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 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.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Agreement at any time prior to the commencement of the project. Once the project has commenced, this Agreement may only be terminated if the party withdrawing provides 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 Agreement within 10 calendar days of the commencement of such event and within 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, 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 Agreement has been terminated.
3. The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this 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 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 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 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 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 Agreement.
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'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 Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this 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 Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Grantees shall not engage in the act of racial profiling as defined in California Penal Code Section 13519.4.
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 Agreement, (refer to Labor Code Section 3700).
K. APPLICATION INCORPORATION
1. The Grantee agrees the Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Agreement.
L. STATE LOBBYING
1. The Grantee is advised none of the funds provided under this 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 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 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 Agreement, written or oral, creating obligations that would prevent it from entering into this Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization, 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 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.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State in writing of any changes to the name of person within organization with delegated signing authority.
2. An amendment is required to change the Grantee's name as listed on this 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 an Agreement, authorizing execution of the Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by governmental 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 Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section) 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 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 Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee organization named within this Agreement warrants their organization and its employees have no personal or financial interest and no present or past
TERMS AND CONDITIONS
employment or activity which would be incompatible with participating in any activity related to this Agreement. For the duration of this Agreement, the organization 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 Agreement.
5. The Grantee organization and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Agreement made available for use by the State for the purposes of providing services to the State in conjunction with this 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 project confidential information and intends to disclose that information in violation of this Agreement.
6. The Grantee will not enter into any Agreement or discussions with third parties concerning materials described in paragraph 5 prior to receiving written confirmation from the State that such third party has an 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 Grantee violates any provisions of this above paragraphs, such action by Grantee shall render this 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 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), 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 funds from this 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 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.
Schedule A
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 activities and items detailed in Schedule A are applicable.
Refer to Schedule B – Detailed Budget Estimate for approved line items and Project activities.
Project Description
Based on the recent legalization of marijuana for recreational use, as well as multiple dispensaries opening within 10 miles of our city limits, our Department has seen an increase in impaired driving related to marijuana and other impairing drugs. The Simi Valley Police Department Cannabis Grant Project would be utilized to provide increased community awareness on the dangers of driving impaired, educational opportunities for our community to include the intermediate and high schools, as well as to improve training for our Department members in the area of identification and investigations related to impaired driving. Funding from this grant would also improve our Departments ability to provide education and outreach to the homeless and mentally ill who suffer from addictions.
If approved for this grant, the financial resources provided would be utilized to fund countywide training on impaired driving recognition in the form of DRE instruction and recertification. Funding would be utilized for educational purposes in the form of social media campaigns and an educational video production that would be presented within our cities intermediate and high school’s. Funding for this video would go to one of our local high schools that focuses on the arts. They are equipped to produce videos and would be created by the students for the students in cooperation with our Department. This video would then be disseminated throughout our middle schools and high schools to be shared with the students and parents. This would create community buy in at the high school level which is a targeted audience for impaired drivers.
Funding would also provide funding for three officers to attend the annual Governors Highway Safety Administration conference and the “Lifesavers” conference. Additionally, these funds would be utilized to purchase two vehicles. These vehicles, a Ford Explorer and a Chevrolet Tahoe, would be specific purpose vehicles. The Chevrolet Tahoe would be utilized by the Traffic Bureau as a response vehicle for major traffic collisions most often caused by impaired drivers. This vehicle would house investigative tools such as a 3D scene scanner system, impairment evaluation equipment such as a preliminary alcohol screening device, and other evidence collection equipment. The Traffic Bureau Supervisor who responds to all major and fatality related collisions would manage this vehicle. This vehicle would publicize the fact that it was funded by this grant and would be utilized during public events such as our annual safety expo, open houses at the Department, as well as major events such as 4th of July. The second vehicle would be utilized by our Vulnerable Population Detective. This position is focused on education, enforcement, and outreach for our homeless and mentally ill population. We have seen an increase in homeless and mentally ill persons who are living and traveling in their cars. It is very common for this portion of our community to self-medicate with cannabis and other impairing drugs. This position works side by side with a mental health clinician as well as our local hospital's “Substance Abuse Navigator.” This vehicle would make it possible for more community outreach and education related to impaired driving. Lastly, we are requesting funding for an impaired driver enforcement and investigation command trailer. This trailer would house all equipment needed to facilitate a DUI checkpoint as well as additional equipment needed on a major traffic investigation. This trailer would be multipurpose as it would not only house equipment, it would serve as a command post for checkpoints as well as provide an evaluation center which would protect the officer and citizen from the elements as well as provide a safer environment for such evaluations.
Any equipment purchased through this grant would be identified publicly via social media and other public forums as provided by the Cannabis Tax Grant program.
Schedule A
Problem Statement
Our agency has noticed an uptick in impaired drivers who are not only under the influence of alcohol.
Self-medication by utilizing marijuana, prescription medication, as well as other illegal drugs. Our cit y’s DUI drug arrests has increased 81% from 2020 to 2021. Additionally, a large portion of our fatal collision involve impairment by drugs or alcohol. I believe there is a lack of community education of driving under the influence of marijuana, especially within the 16-25 year old age group and those who are experiencing homelessness and mental illness. Additionally, we are limited due to budgetary restraints in the area of training as it relates to driving while impaired on drugs such as marijuana and fentanyl.
Funding from this grant would increase the ability to provide in-house training in the area of driving while impaired by marijuana and other drugs, it would significantly improve our ability to provide community education in this area, and provide the ability to provide outreach and education to a portion of our community that is currently not being addressed. Additionally, our Traffic Bureau does not have a dedicated command vehicle or trailer. We currently need to rely on an aging mobile command post (approximately 14 years old) which is often out for repairs or being utilized for other events. Providing a dedicated command trailer would provide a safer environment for officers and citizens as well as improve our ability to investigate impaired driver accidents and evaluations. Lastly, we are requesting funding for an impaired driver enforcement and investigation command trailer. This trailer would house all equipment needed to facilitate a DUI checkpoint as well as additional equipment needed on a major traffic investigation. This trailer would be multipurpose as it would not only house equipment, it would serve as a command post for checkpoints as well as provide an evaluation center which would protect the officer and citizen from the elements as well as provide a safer environm ent for such evaluations.
Proposed Solutions
Community education - This grant would provide our community the opportunity to produce an educational video that targets new drivers on the dangers of driving while impaired. This video production would be a collaboration between the Police Department and our high school video production team. It would be focused on being made by the students for the students to encourage buy in and real stake holders. The cost of this project is estimated at $8000 which woul d be utilized to purchase video equipment for the school and production costs.
Community outreach - Homelessness and mental illness related issues are a national problem. This grant would provide us the opportunity to reach out to a portion of the commu nity that is often forgotten when it comes to education and assistance. Funding from this grant would be utilized to purchase a response vehicle specifically focused on our community’s vulnerable population. It would facilitate a collaboration between our county's mental health clinician, our hospitals substance abuse resource officer, and the police department to jointly educate and provide resources to this portion of our community. This would be a specific use vehicle that would advertise the fact that it was provided through the cannabis grant program.
Enforcement and investigation - One aspect of enforcement and investigations that our agency can improve on is response times to major incidents. If granted funding from this project, our agency would purchase a response vehicle dedicated to major traffic incidents related to impaired driving. This vehicle would be managed within the Traffic Bureau and utilized to house preliminary alcohol screening devices, 3D accident scene scanning systems, and other scene safety and investigative tools. This will drastically improve our response times to incident locations and the ability of our investigations to have all the equipment they need contained to one vehicle. Lastly, we are requesting funding for an impaired driver enforcement and investigation command trailer. This trailer would house all equipment needed to facilitate a DUI checkpoint as well as additional equipment needed on a major traffic investigation. This trailer would be multipurpose as it would not only house equipment, it would serve as a comma nd post for checkpoints as well as provide an evaluation center which would protect the officer and citizen from the elements as well as provide a safer environment for such evaluations.
Training - Funding from this grant program would be utilized to attend training and conferences that currently are outside of our budgetary abilities. Attending conferences such Governors Highway Safety Association and having the ability to train additional Drug Recognition Expert Instructors would improve and increase our agency’s ability to conduct in-service and in-house training.
Schedule A
Performance Measures
Community outreach - If provided funding for the Vulnerable Population Detective vehicle, within the first quarter or as soon as the vehicle is acquired, outreach by this collaborative group will begin on a bi- weekly basis. Statistics such as number of subjects contacted, services that were offered or provided, as well as success stories will be tracked. A quarterly report with these statistics will be provided with a conclusion report at the end of the fourth quarter. This programs effect and impact on our community will far exceed the timeline of this grant. Providing mobility to this collaborative group will ensure continued education and resources being offered to a portion of the community that is often forgotten will continue for years to come.
Community Education - If provided funding for this portion of the project, collaboration and production of the educational video will commence within the first quarter of the grant cycle. By the middle of the third quarter, the video production will be complete and read for release. Upon completion of the video production, a copy will be provided the California Highway Patrol Grant Coordinator for viewing. A social media campaign will be launched advertising the video's existence, its planned audience, as well as the fact that it was funded by the Cannabis Grant. The goal would be to have every high school student within the Simi Valley School District to view the video. The video would be offered, free of charge, to surrounding school districts as to expand the impact provided by the grant. At the conclusion of the fourth quarter, the total number of students educated by the video will be provided.
Enforcement and investigation - If funding for the Major Incident Response Vehicle is provided, within the first quarter, or as soon as the vehicle is acquired, build out and equipping the vehicle will commence. Upon completion of the vehicle, a social media campaign will be initiated advertising its existence and that fact that it was provided by the Cannabis grant. Upon completion of the vehicle, statistics such as response times, time taken to complete the investigation, as well as number of deployments will be documented. Additionally, the number of times the vehicle is utilized for DUI education or enforcement events will be documented. A quarterly report will be generated documenting all of these results. A survey will also be provided our department’s officers to determine how the presence of this vehicle has improved their ability to complete a thorough investigation in a more efficient manner will be conducted at the conclusion of quarters two and four of the grant cycle.
Training - If funding is provided for training by this grant, the goal would be to increase our Departments number of DRE instructors from 1 to 3. This would then increase our Departments ability to increase the number of ARIDE and DRE certified officers in the field. Additionally, three members of our Department would be sent to the Governors Highway Safety Association's annual conference. Lastly, funding from this grant would be utilized to provide county wide training of ARIDE, DRE, and DRE recertification training provided by our DRE instructors. The number of training classes provided, attended, and the percentage increases related to trained officers in ARIDE, DRE, and DRE instructor, will be documented at the conclusion of the grant.
Goals and objects associated with the Vulnerable Population Detective Response Vehicle
Goal
Outreach teams can play a critical role in engaging and assessing the needs of people experiencing unsheltered homelessness. An ongoing relationship between outreach workers and people experiencing homelessness is necessary to establish trust and encourage people to agree to participate in services and housing. In many communities, homelessness service providers partner with law enforcement to proactively outreach to people experiencing homelessness when they are not in crisis.
Law enforcement officers are in a unique position to help with identifying people that the homelessness services system can support. For these communities, it’s critical to establish and define each partner’s appropriate roles in making connections with people experiencing homelessness based on the local needs and resources and on best practices for building trust. A significant portion of the homeless population are homeless due to substance abuse or active substance abuse nega tively exacerbates their homeless status. Additionally, this population travels our community roadways in automobiles and bicycles while under the influence of drugs and alcohol. These impaired drivers create a significant safety hazard to other motorists.
Schedule A
The centerpiece of the collaboration between law enforcement and the homelessness services system is proactive outreach to people experiencing unsheltered homelessness. Often, the substance abusing homeless portion of our community do not want to interact with law enforcement out of fear of negative consequences (i.e., arrest) or embarrassment. By providing a non-standardized police vehicle, clearly marked as an outreach vehicle provided by the Cannabis Tax Fund Grant, would better encourage a successful relationship between law enforcement, clinicians, and the homeless. This would provide a positive foundation allowing this collaboration to get the homeless to substance abuse programs and eventual recovery. The overall purpose of this vulnerable population response vehicle is predominately preventative. Providing education and assistance programs before tragedy strikes. This vehicle would be utilized as a public education tool during large scale events such as 4th of July and the Simi Valley Street fair, both of which attract thousands of guests. As stated before, this vehicle would be clearly marked, identifying the fact that it was provided by the Cannabis Tax Fund Grant. Sadly, on average, we have at least one fatality annually that is associated with a homeless driver / pedestrian who is under the influence of marijuana, alcohol, or other impairing substance.
Objectives
• Increase the outreach ability of our vulnerable population, focused on influencing the homeless population associated with modes of travel such as vehicles and bicycles. • Create an outreach environment that is less threatening and more engaging through the use of a Vulnerable Population response vehicle that is identified as service provider. • Decrease the number of fatalities related to homeless drivers / pedestrians who are under the influence of marijuana and other impairing substances.
• Prevent tragedy through education while building a healthy relationship between law enforcement, service providers, and the unsheltered homeless.
Reporting
Quarterly, the Vulnerable Population Detective will report:
• The number homeless subjects associated with vehicular travel • Type of education provided.
• Whether a clinician was present
• Services provided or offered
Annually, all of the above information will be tallied as well as any increase or decrease in fatalities associated with impaired homeless drivers / pedestrians.
Goals and objects associated with the DUI Command Trailer
Goals and objectives
The goal of the DUI Command Trailer is to provide a safe and functional evaluation space to evaluate and service impaired drivers under the influence of drugs such as marijuana. As of right now, our Agency does not have an infield environment to safely evaluate impaired drivers. During our enforcement actions such as sobriety checkpoints, all evaluations and processing of impaired drivers is conducted outside. As recent as last month, our checkpoint was conducted in rainy conditions. If granted the funding for this trailer, it would afford years of service providing a safe controlled environment for DRE evaluations and sobriety evaluations to be conducted during enforcemen t events.
This DUI Command Trailer would allow DRE’s to control lighting and eliminate ambient distractions all the while providing a safer environment for both the officer and violator. The trailer would also serve as a mobile advertisement / educational tool displaying that it was purchased by the Cannabis Tax Grant and advising against impaired driving.
Reporting
• Number of deployments quarterly
• Number of subjects evaluated during the deployment of the trailer
The overall goal of all of the above items is to reduce the number of DUI related accidents by 10 percent, reduce the number of DUI related fatalities by 10%, and to increase community education by 100%.
Schedule A
Project Performance Evaluation
The project performance evaluations have been somewhat addressed throughout this application process. Some of this information may be repetitive or redundant. The overall goal of this project is the prevention of impaired driving through education, community partnerships, as well as enforcement and investigations. One of the most valuable aspects of this project is going to be the community partnerships. These partnerships will increase the number of stakeholders both internally and externally. In doing so, the conduit of information expands as these partnerships expand. The portion of the project that involves the community outreach via the educational student video as well as the vulnerable population outreach touches two significant demographics associated with impaired drivers. These projects have the potential to actually prevent impaired driving in a positive manner all the while improving relationships between the law enforcement profession and the community we serve.
Throughout this grant cycle, social media and public events will advertise and promote the aspects of this grant and its programs. At the conclusion of the video production and presentation portion of this project, a survey will be sent out to the students and their parents to determine what they learned from this presentation as well as what personal impact it had on them. The general results of these surveys will be published on various platforms. Additionally, at the conclusion of the grant cycle, the vulnerable population detective and his collaborative team will survey their clients to ascertain what parts of the grant program benefited them.
As stated previously, all aspects of funding requested will have lasting effects that will far exceed the grants timeline. If provided this funding in its totality, this grant will have a significant and meaningful impact on our community of years to come.
Program Sustainability
By providing the requested training and equipment, it will give our Department the opportunity to sustain the benefits of this grant without the need for all or as much outside funding. By developing the community relationships as well as developing internal trainers, we will be able to convey information to our stakeholders and train members of our department with little to no cost. As long as we are successful, this will be a repetitive cycle that could create funding from private or community sources if needed. The life span of the requested equipment is at minimum a 5-year timeline. This timeframe would allow our city to budget funding for the replacement of the equipment within a realistic timeframe.
Administrative Support
Our Department is well versed in handling and implementing grant funded projects. We are currently the recipient of the OTS grant, which this grant would work seamlessly alongside of. We currently have a dedicated fiscal services unit who handles all financial expenditures and documentation as well as budget reporting. We have a supportive city council and executive staff who sincerely appreciate grant funding and encourage the publication of such funding to give credit to the grantors.
Schedule B
Detailed Budget Estimate
Award Number
Organization/Agency
Total Amount
9625
Simi valley Police Department
$54,000.00
Cost Category
Line Item Name
Total Cost to Grant
Personnel
DRE and ARIDE instructor Training
$37,000.00
Category Sub-Total
$37,000.00
Travel
Governors Highway Safety Assoc.
$9,000.00
Category Sub-Total
$9,000.00
Consultants/Contracts
Video Production
$8,000.00
Category Sub-Total
$8,000.00
Grant Total
$54,000.00
Schedule B-1
Budget Narrative
Personnel
DRE and ARIDE instructor
Training $37,000.00
DRE and ARIDE instructor Training
-DRE Instructors would be used to teach / train / certify and recertify numerous officers over the course of the grant period. Based on how many classes are scheduled each year, one DRE Instructor could be used a minimum of 72 hours per year (one DRE Class / one DRE Certification class / one DRE Re- certification class) to 288 hours (3 DRE Classes / 3 DRE Certification classes / 3 DRE Re-certification classes) per year. In addition to teaching classes, DRE Instructors are also officers who work as Police Officers and come in contact with drivers on a regular basis. They will also use their expertise as a DRE Instructor to combat impaired driving while on duty. A Simi Valley Police Officer works a 40-hours a week schedule for 52 weeks. Based on this work schedule it is possible a DRE Instructor would use his expertise in identifying impaired drivers up to 2,080 hours per year.
-ARIDE Instructors would be used to teach / train / and certify numerous officers over the course of the grant period. Based on how many classes are scheduled each year, one ARIDE Instructor could be used a minimum of 40 hours per year (one ARIDE Class) to 160 hours (4 ARIDE Classes) per year. In addition to teaching classes, ARIDE Instructors are also officers who work as Police Officers and come in contact with drivers on a regular basis. They will also use their expertise as an ARIDE Instructor to combat impaired driving while on duty. A Simi Valley Police Officer works a 40-hours a week schedule for 52 weeks. Based on this work schedule it is possible an ARIDE Instructor would use his expertise in identifying impaired drivers up to 2,080 hours per year.
-COSTS for One Officer to Attend DRE Instructor Training Course:
o 40 DRE Instructor Course – FREE through California Highway Patrol o DRE Instructor Training Overtime – $3,182.40
o Officer – 40 hours @ OT rate of $79.56/hr = $3,182.40 o DRE Instructor Training Benefits – Per Diem $50.00/day = $275.00 o Hotel - $120.00/night = $600.00
o Officer – Benefit Rate = 0%
- COSTS for One Officer to Attend ARIDE Instructor Training Course:
o 40 ARIDE Instructor Course – FREE through California Highway Patrol o ARIDE Instructor Training Overtime – $3,182.40
o Officer – 40 hours @ OT rate of $79.56/hr = $3,182.40 o ARIDE Instructor Training Benefits – Per Diem $50.00/day = $275.00 o Hotel - $120.00/night = $600.00
o Officer – Benefit Rate = 0%
Travel
Governors Highway Safety
Assoc. $9,000.00
Registration Fees - $690.00
-The Governor’s Highway Safety Association (GHSA) 2022 Annual Meeting is being held in Louisville, Kentucky on September 17-21, 2022. This year’s focus is, “Redefining Possible: Traffic Safety in a Changing World.” As part of the program, GHSA provides experts in the fields of Alcohol Impaired Driving, Autonomous Vehicles, Bicyclists, Pedestrians and Micromobility, Child Passenger Safety, Distracted Driving, Drowsy Driving, Drug Impaired Driving, Equity, Mature Drivers, Motorcyclists, Seat Belts, Speed and Red Light Cameras, Speeding and Aggressive Driving, Teen and Novice Driving, and Traffic Records who present training throughout the week.
The specific topics of Drug Impaired Driving, Alcohol Impaired Driving, Drowsy Driving and Distracted Driving will provide officers with current trends and ways to combat these issues. New devices to detect Marijuana Intoxication and Alcohol Intoxication will be demonstrated and Law Enforcement from all over the United States will discuss ways they have found to combat these issues.
Schedule B-1
Budget Narrative
-COSTS for three Traffic Officers to attend training related to most recent trends and ways to combat Drug Impaired Driving, Alcohol Impaired Driving, Drowsy Driving and Distracted Driving.
Hotel - $1,200.00 Per person (3) / 5 Days = $3,600.00
Per Diem - $50.00 / Day (5) / person (3) = $750.00
Flight - $464.00 / person (3) = $1,392.00
-Even though Kentucky is listed on AB 1887 as a state which California restricts state- funded travel, I feel this GHSA Conference is vital training which impacts all drivers in every state and if the funding is approved and money is provided by the CHP Cannabis Tax Fund Law Enforcement Grant program. I believe we would be exempt from the travel restrictions based on Government Code Section 11398. (c)(5) which allows travel to these restricted states “to participate in meetings or training required by a grant or required to maintain grant funding”.
Consultants/Contracts
Video Production $8,000.00
Collaborative video production for an educational video produced by students for students to educate on the dangers of driving under the influence of cannabis and other drugs.
$3000 - photo / video equipment
$1500 - Lighting equipment
$2000 - Editing equipment
$1500 - advertising and sharing costs
Video production and editing will be conducted free of charge by the Santa Susana High School film program.
This will create stake holders and shared buy in from the target audience (High School Students) The film will be created by students for students on the dangers and realities of driving while high.