Resolution 60-12RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc, Form No. 30045
60 -12
Resolution No. Passed 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE FRANKLIN
COUNTY SHERIFF'S OFFICE TO PARTICIPATE IN
THE 2013 FRANKLIN COUNTY DUI TASK FORCE
WHEREAS, the Franklin County Sherriff's Office has received a DUI Task
Force Grant from the Ohio Department of Public Safety; and
WHEREAS, this grant provides funds for targeted enforcement activity to
decrease DUI violations; and
WHEREAS, jurisdictions that participate in the DUI Task Force may be
eligible for compensation based upon the direct costs of the activities in
furtherance of the goals of the Task Force; and
WHEREAS, the City of Dublin has previously participated in the DUI Task
Force; and
WHEREAS, the Division of Police believes that the continued participation in
the DUI Task Force is beneficial for the City.
NOW, THEREF PRE, BE IT RESOLVED by the Council, of the City of Dublin,
State of Ohio,, A./ of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute the agreement
with the Franklin County Sheriff's Office attached as Exhibit "A."
Section 2 . This resolution is effective upon passage in accordance with Section
4.04(a) of the Revised Charter.
Passed this ?-[A day of (3(tt-o'bCJ 2012.
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Mayor - P e ding Officer
ATTEST:
Clerk of Council
CITY OF DUBLIN-
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614 -410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City ManagerN\(�\Q-
Date: October 4, 2012
Initiated By: Chief Heinz von Eckartsberg
Lt. John DeJarnette
Summary
Re: Resolution 60 -12 — 2013 DUI Task Force Participation
The Franklin County Sheriff's Office has received grant fund approval from the Ohio
Department of Public Safety to continue to operate a DUI Task Force in 2013. The goals
of the grant are to reduce OVI offenses, reduce fatal crashes and increase seatbelt usage
in Franklin County. These goals are in line with the Police Division's goal to reduce traffic
crashes in the City of Dublin.
The partnership with the Franklin County DUI Task Force has been a very successful
endeavor in previous years, which provides:
• Reimbursement funds for City resources used during major holidays for increased
staffing (i.e. St. Patrick's Day, Memorial Day and Labor Day weekends);
• Significant resources to conduct OVI checkpoints in and around the City of Dublin;
• Educational information and public service announcements in the community
regarding traffic safety.
In addition, this agreement continues the City's partnership with Franklin County Safe
Communities, which is the umbrella organization for the DUI Task Force and the Central
Ohio Safe Ride program.
Recommendation
Staff recommends approval of Resolution 60 -12, authorizing the City Manager to
enter into an agreement with the Franklin County Sheriffs Office to participate in
the 2013 DUI Task Force.
DUI TASK FORCE CONTRACT
FFY 2013
THIS AGREEMENT, entered into as of this _ day of 20___ by and
between: FRANKLIN COUNTY SHERIFF'S OFFICE (hereinafter referred to as the "Lead
Agency ") and
grantee'), WITNESSETH:
(hereinafter referred to as the "sub-
WHEREAS, the Lead Agency has received a Franklin County DUI Task Force grant from the
Ohio Department of Public Safety (ODPS), Ohio Traffic Safety Office (OTSO) and is desirous of
engaging the contract agency to provide targeted enforcement activity in completion of the
aforementioned grant.
NOW, THERFORE, the parties hereto do mutually agree as follows:
I. SERVICE RENDERED BY SUBGRANTEE
Targeted enforcement by sworn law enforcement officers performed at approved
problem sites determined by the Task Force "problem ID process." Targeted
enforcement will be conducted in support of the Franklin County DUI Task
Force goals, which are to decrease the incidence of DUI violations,
1. Decrease the number of fatal traffic crashes in Franklin County to no
more than 72 crashes for FLY 2013
2. Decrease the number of alcohol - related fatal traffic crashes in Franklin
County to no more than 26 crashes in FFY 2013.
Use the low manpower sobriety checkpoint model to conduct low -cost, highly
effective sobriety checkpoints throughout Franklin County, zero tolerance
enforcement of safety belt and child safety seat laws during enforcement efforts in
targeted communities.
Agencies with Drug Recognition Experts (DRE) will be reimbursed for overtime
labor costs associated with evaluations conducted on suspected impaired drivers.
In addition:
A. Law Enforcement Reports The sub - grantee will report enforcement activity on
forms approved by the Franklin County DUI Task Force. Activity Reports will be
submitted to the Lead Agency no later than five (5) days after the completion of an
enforcement activity. Justification for sites selected for enforcement activity should
be documented and maintained as a part of the sub - grantees file for this agreement.
B. Training Certification The sub - grantee will assure that all enforcement personnel
involved in Franklin County DUI Task Force enforcement- related activity will be
certified in the Standard Field Sobriety Testing (SFST) Training. Drug Recognition
Experts will have the approved certification from the International Association of
Chiefs of Police (IACP), and their certification must be current.
C. Enforcement Hours Eligibility ility_ Direct labor hours expended in traffic safety
enforcement programs must be over and above the normal work week. Part -time
permanent staffs are eligible for funding. Only one officer per patrol car will be
funded as part of traffic enforcement grants. Officers will be paid at one and one half
(1 1 /2) their normal hourly rate, regardless of days off or holiday. Part time personnel
will be paid at their normal rate of pay.
D. Safety Belt Polic3L Sub- grantee must have a policy statement requiring employees to
wear safety belts. Sub - grantee must agree to conduct zero tolerance enforcement of
Ohio's occupant restraint laws.
E. Required Activit )L : All agencies utilizing National Highway Traffic Safety
Administration (NHTSA) funding for overtime enforcement are required to
participate in both the "Click it or Ticket' and the "Drive Sober or GetPulled Over'
mobilizations. Agencies will be requires to report their activity to the Ohio
Department of Public Safety, Ohio Traffic Safety Office by the required deadlines.
Dates of the mobilizations will be announced later.
II. COMPENSATION AND PAYMENT
Compensation shall be on the basis of direct costs based on actual activity
completed, not to exceed $20,000.00. The contracting parties may revise this amount
in writing.
To be eligible for reimbursement, sub - grantee will complete and submit a progress
report by the 10 calendar day of the following end of each quarter to the Lead
Agency. The sub - grantee shall complete and submit a GR -12 detailing name and
rank of officer working the overtime activity date and hours worked, overtime rate
earned and check/warrant /voucher number of overtime payment. Reimbursement
will only be made for actual costs and pre- approved fringe rate incurred in support
of the DUI Task Force activities.
III. FRINGE RATE
The sub - grantee will provide a fringe rate (in a percentage form) for their agency that
includes: Retirement, Workers Comp and Medicare. This percentage will remain the
same thought the life of the contact. The sub - grantee's reported fringe rate for the
contract period through September 30, 2013 is
IV. DELIVERY OF SERVICES
The sub - grantee will complete all work between October 1, 2012 and no later than
September 30, 2013.
V. SUBCONTRACTORS
Sub - grantee shall not subcontract, in whole or in part, with any other firm,
partnership, corporation, or entity to perform the services to be done on the DUI
Task Force without prior approval from the Lead Agency.
The sub - grantee warrants that is has not employed or retained any company or
person other than a bona fide employee working solely for the sub - grantee to solicit
or secure this agreement and has not paid or has not agreed to pay any fee,
commission, percentage, brokerage fee, gift, or contingent fee in violation hereof.
VI. MAINTENANCE OF RECORDS
Sub - grantee shall maintain all records pertaining to this contract for a minimum of
three years, pursuant to the requirements of the Ohio Department of Public Safety.
This agreement provides the right of any authorized representative of the federal or
state government or the Lead Agency to audit and inspect any and /or all project -
related records at all reasonable normal working hours during the contract period
and for a period of three years after the completion of this contact.
Sub - grantee shall obtain and retain in force worker's compensation and proof of
liability insurance for its employees and autos operated by them for and during their
employment. Certification of Insurance will be provided to the Lead Agency before
the start of this contract.
VII. ASSURANCE REGARDING PARENT CONTRACT
The provisions of the agreement include all of the conditions and assurances of the
parent agreement between the Ohio Department of Public Safety and the Lead
Agency and the additional sub - grantee provisions both of which are attached hereto
as an appendix.
VIII. SANCTIONS FOR NON - COMPLIANCE
Should sub - grantee fail to fulfill any of its contractual duties in a timely manner, the
Lead Agency shall notify sub - grantee in writing as to such deficiencies. Such
notification shall be sent by certified mail, return receipt requested. Sub - grantee
shall have 30 days to resolve such deficiencies, unless otherwise stated by the Lead
Agency.
"The opinion, findings, and conclusions expressed in this publication are those of the
author and not necessarily those of the State of Ohio, the National Highway Traffic
Safety Administration, the Federal Highway Administration, or the Lead Agency."
IX. SIGNATURES
Approved as to form:
Ron O'Brien, Franklin County Prosecutor
Assistant Prosecuting Attorney
Franklin County Sheriff:
Zach Scott, Sheriff
For the BOARD OF COUNTY COMMISSIONERS:
Don L. Brown, County Administrator
CITY / TOWNSHIP / VILLAGE, COUNCIL
/ BOARD,
OR DESIGNATED CONTRACT SIGNATURE
AUTHORITY:
Printed Name, Title
Signature
Printed Name, Title
Signature
Printed Name, Title
Signature
Printed Name, Title
Signature
Printed Name, Title
Signature
Printed Name, Title
Signature
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The following are Provisions that shall be used by the sub - grantee (lead agency) when entering
into an agreement contract when funds administered by the Ohio Traffic Safety Office (OTSO)
that total $5,000 or more are used. This provision includes requirements of both the federal or
state government. Note: for clarification purposes the work contactor is the agency, vendor,
individual, etc., that the sub - grantee is contracting with for the desired scope of service.
PROVISION Security Agreement Disclaimer
The sub - grantee warrants that he has not employed or retained any
company or person other than a bona fide employee working solely for the
Consultant to solicit or secure this agreement, and that he has not paid or
has not agreed to pay any fee, commission, percentage, brokerage fee, or
other considerations contingent upon or resulting from the awarding or
making of this agreement.
For breach or violation of this warrant, the State, in conjunction with the sub -
grantee, shall have the right to annul this agreement without liability, or in
its discretion, to deduct from the agreement price or consideration, or
otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gifts, or contingent fee.
Either party may terminate this agreement by giving the other party written
advance notice of its election to do so. If the contract is canceled under this
provision, the sub - grantee shall reimburse the Contractor for at work
completed and in progress to that date. Upon termination and final
payment, all design materials, artwork any other items /products developed
by the Contractor shall become the property of the sub - grantee.
PROVISION 2 Reporting Requirements
Performance reports will be required to be submitted by the contractor as
frequently as required by the sub - grantee. Performance reports shall include
brief information on (1) a comparison of actual accomplishments to the
objectives established for the period and can include a computation of the
cost per unit of output (2) the reasons for slippage if established objectives
were not met (3) additional pertinent information including analysis and
explanation of cost overruns or high unit cost.
PROVISION 3 Patent Rights /Copyrights
Neither the Contractor nor any of the Contractor's employees, agents,
subcontractors or assigns shall make a disclosure for the purpose of securing
a patent or copyright in the United States or any other country for any
product resulting from this agreement unless such disclosures approved in
writing by the sub - grantee prior to application for the patent /copyright. In
the event that such patent /copyright is obtained, the Contractor shall
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provide the sub - grantee written authorization for the sub - grantee and any
other person, agency or instrumentality contributing financial support to the
work covered by this agreement to make use of the subject of the said
patent /copyright disclosure without payment.
PROVISION Audit Practices
The contractor agrees access by the grantee, the sub - grantee, the Federal
grantor agency, the Comptroller General of the United States, or any of their
duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract
for the purpose of making audit, examination, excerpts, and transcriptions.
PROVISION 5 Equal Employment Opportunity (E.E.O.)
The sub - grantee and contractor must abide by all E.E.O. regulations,
including but not limited to, Executive Order 11264 of September 24, 1965
"Equal Employment Opportunity" as amended by Executive Order 11375 of
October 13, 1967 and as supplemented in Department of Labor regulations.
(41 CFR Chapter 60) and Section 3(a)(2)(C) of the UMT Act of 1934, as
amended, which prohibits the use of exclusionary or discriminatory
specifications.
PROVISION 6 Certification Regarding Lobbying
None of the funds under this program will be used for any activity
specifically designed to urge or influence a Federal, State, or local legislator
to favor or oppose the adoption of any specific legislative proposal pending
before any Federal, Sate, or local legislative body. Such activities include
both direct and indirect (e.g. "grassroots ") lobbying activities, with one
exception. This does not preclude an official whose salary is supported with
NHTSA funds from engaging in direct communications with State or local
legislative officials, as long as this activity is documented in writing.
PROVISION 7 Labor Relations
The sub - grantee and contractor must comply with Sections 103 and 107 of
the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as
supplemented by Department of Labor regulations (29 CFR, Part 5).
PROVISION 8 Assurances Regarding the Parent Agreement
The provision of this agreement includes all of the terms and conditions and
assurances of the parent agreement between the Ohio Department of Public
Safety and the sub - grantee and is attached hereto as an Appendix. (The sub -
grantee shall attach the parent agreement.)
G
PROVISION 9 Record Retention
The sub - grantee and contractor shall retain all required records for three
years after grantee or sub - grantees make final payments and all other
pending matters are closed.
PROVISON 10 Negligence Disclaimer
To the extent permitted by law, the sub - grantee and contractor shall save the
Ohio Traffic Safety Office, Ohio Department of Public Safety, and the
Federal Government (e.g. National Highway Traffic Safety Administration,
Federal Highway Administration) from harm from suits, actions, or claims
resulting from negligence, acts or omissions by the sub - grantee and /or
contractor or their employees.
PROVISION 11 Liability Disclaimer
The parties agree that the Ohio Department of Public Safety, Ohio Traffic
Safety Office is not the employer of any personnel involved in said contract.
The sub - grantee agrees to pay any wages and related tax obligations
resulting from employment of personnel in order to perform the terms of
this contract.
PROVISION 12 Line of Credit
That the sub - grantee or contractor shall carry a credit line on the cover or
first page of any report that reads substantially as follows:
Funding provided in part or solely by the:
• National Highway Traffic Safety Administration
• Federal Highway Administration
• Ohio Department of Public Safety
• Ohio Traffic Safety Office
Studies, evaluations, etc., shall also include the following disclaimer. "The
opinions, findings, and conclusions expressed in this publication are those of
the author and not necessarily those of, the National Highway Traffic Safety
Administration, Federal Highway Administration, Ohio Department of
Public Safety and the Ohio Traffic Safety Office."
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