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Home My WebLink About20D - AA TRAFFIC ENFORCEMENT PROGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 17, 2019 TITLE: APPROVE AN AGREEMENT ACCEPTING $585,500 FROM THE STATE OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT AND APPROPRIATION ADJUSTMENT (STRATEGIC PLAN NO. 1, 3B) � 4" CITYWANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager to execute a one-year agreement with the State of California - Office of Traffic Safety for Selective Traffic Enforcement Program (STEP) Grant funds, for the period of October 1, 2019 through September 30, 2020, in an amount not to exceed $585,500, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $585,500 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. DISCUSSION The Santa Ana Police Department has been awarded a $585,500 grant from the State of California, Office of Traffic Safety under the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol, speed, red light violations, distracted driving, and other primary collision factors. To accomplish these goals, the program will fund both education and enforcement activities. The enforcement activities will follow proven "best practice" strategies and will be conducted on an overtime basis. The funded strategies will include DUI checkpoints and DUI saturation patrols to apprehend impaired drivers. The program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt enforcement. The educational portion of the grant will include funding for Santa Ana Police Department staff to facilitate multi -media presentations at local schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support ongoing outreach programs already in place. This contract also includes funding to replace obsolete equipment, including hand-held ticket writers and related accessories. Bicycle helmets will also be funded by this grant. 20D-1 Agreement with State Office of Traffic Safety September 17, 2019 Page 2 Overall, the grant includes $435,490 for Officer overtime, $2,000 for training, $20,000 for contractual services, and $128,010 for other direct costs. This one-year agreement covers the program period from October 1, 2019 through September 30, 2020. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions). FISCAL IMPACT The appropriation adjustment will enhance the Office of Traffic Safety revenue account (no. 16514002-52001) by $585,500 and appropriate same to expenditure account (no. 16514414- various) for the following fiscal years: FY 2019-20 $465,500 FY 2020-21 $120,000 Total $585,500 entin Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: 1 Kat ryn Dowrfs, CPA Executive Director Finance and Management Services Agency Exhibit: 1. Agreement.with State Office of Traffic Safety 20D-2 Exhibit 1 State of California — Office of Traffic Safety GRANT AGREEMENT Gu.ANr NUMBER PT20164 1. GRANT TITLE Selective Traffic Enforcement Program STEP 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01/2019 4. AGENCY UNTrTo ADMINISTER GRANT Santa Ana Police Department To: 09/30/2020 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: .$585,500.00 - 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A— Problem Statement, Goals and Objectives and Method of Procedure • Schedule B —Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1—Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A— Certifications and Assurances • Exhibit B'— OTS Grant Program Manual -Items shown with an asterisk (•), are hereby incorporated by reference and made apart of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. 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. GRANTDIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Jeffrey Smith PRONE: (714) 245-8210 NAME: Kristine Ridge PRONE: (714) 647-5200 DTLE: Commander FAX: (714) 245-9180 TITLE: City Manager FAN: (714) 647-6956 ADDRESS: 60 Civic Center Plaza ADDRESS: 60 Civic Center Plaza PO Box 1981 PO Box 1981 Santa Ana, CA 92702 Santa Ana, CA 92702 EMAIL: jsln't t2@santa-ana.org EMAIL: kridge@santa-ana.org (SA- /r q - 'Signatare) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Sergio Vidal PRONE: (714) 647-5295 NAME: Randy Weissman PRONE: (916) 509-3030 TITLE: Asst. Director of Finance & FAX: (714) 647-6956 Management Services TITLE: Acting Director FAX: (916) 509-3055 ADDRESS: 20 Civic Center Plaza ADDRESS: 2208 Kausen Drive Suite 300 PO Box 1981 Elk Grove, CA 95758 Santa Ana, CA 92702 EMAIL: svidal@san[a-ana.org EMAIL: randy.weissman@ots.ca.gov (Signature) (Date) (Signature) (Date) E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION NAME: Carolyn Vu DUNS #: 083153247 ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED ADDRESS: 20 Civic Center Plaza, 2nd Floor, Elk Grove, CA 95758 P.O. BOX 1988 CITY: Santa Ana ZIP+4:927014058 8/16/2019 2:15:46 PM 20D-3 Page 1 of 17 8/16/2019 2:15:46 PM 20D-4 Page 2 of 17 10. PROJECTED EXPENDITURES FUND CFDA ITEMIAPPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 405dAL-20 20.616 0521-0890-101 2019 2019 BA/19 $5.500.00 405cTR-20 20.616 0521-0890-101 2019 2019 BA119 $130.000.00 402PT-20 20.600 0521-0890-101 2019 2019 BA/19 S150000.00 164 AL-20 20.608 0521-089NI01 2019 2019 BA/19 $300,000.00 AGREEMENT TOTAL $585,500.00 AMOUNT ENCUMBERED BY $585,500.00 THIS DOCUMENT 1 CERTIFY upon my own personal knowledge that the budgeted fiords for the current budget year are availablefor the period a:d purpose of the PRIOR AMOUNT ENCUMBERED FOR THIS expenditure stated above. AGREEMENT S 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED $585500.00 ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO DAISY GOMEZ City Attorney Clerk of the Council By: 141 TA ARA BOGOSIAN Assistant City Attorney 8/16/2019 2:15:46 PM RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police Page 3 of 17 20D-5 State of California — Office of Traffic Safety GRAN r NUMBER GRANT AGREEMENT Schedule A PT20164 1. PROBLEM STATEMENT The City of Santa Ana is a dynamic and diverse municipality. It is the heart of employment within Orange County drawing hundreds of thousands of persons to the city on a daily basis. The city features culturally rich landmarks to include Bowers Museum, Orange County High School for the Arts, Cal State University Fullerton Center for the Arts which is a popular destination for student and art aficionados. The downtown area is a popular destination which attracts residents and non-residents alike on weekend nights. This populous increase has caught the attention of chic restaurants and trendy bar, which have flocked to open establishments in the area and welcome all patrons. This influx of patrons has significantly increased the number of drivers on the road in the evenings, many of whom have consumed alcohol. The City of Santa Ana is the home of approximately 330,000 residents. It has approximately 477 miles of local, arterial and collector roadways. They are patrolled by approximately 180 sworn police officers who are fielded either in a patrol assignment or traffic enforcement. The Traffic Division has 17 sworn officers. This includes two Sergeants, three Corporals and twelve officers. One Corporal and two sworn officers are assigned as collision investigators and are not regularly fielded for the purpose of traffic enforcement. There are eleven motor officers who are tasked with daily traffic enforcement and collision investigation. In 2015 and 2016, there were 44 fatal traffic collisions respectively. In 2017, there were 19 fatal collisions. Many of these fatalities have been the result of alcohol related collisions and pedestrian collisions. Injury traffic collisions have increased from 1447 in 2015 to 1694 in 2016 and decreased in 2017 to 1565. Nearly one-half of all injury traffic collisions have been caused by three PCPs: Right -of -Way, Unsafe Speed, and Signs & Signals. Our city has committed itself to traffic safety. In the current five-year strategic plan, traffic safety was deemed a top priority, specially pedestrian safety. In response, the Traffic Division has dedicated to participating in education programs targeting all children and adults. We have hired an employee to focus on the aforementioned efforts. Through our work and focus in education, both grant -funded and internally -Funded measures, we remain optimistic in the prevention of tragic consequences of unsafe drivers, pedestrians, and impaired drivers. The educational efforts, in conjunction with vital enforcement activities will have a tremendous effect on the community and make our roadways safer. We are looking forward to a successful partnership with the California Office of Traffic Safety as we make are 2. PERFORMANCE MEASURES A. Goals: I. Reduce the number of persons killed in traffic collisions. 2. Reduce the number of persons injured in traffic collisions. 3. Reduce the number of pedestrians killed in traffic collisions. 4. Reduce the number of pedestrians injured in traffic collisions. 5. Reduce the number of bicyclists killed in traffic collisions. 6. Reduce the number of bicyclists injured in traffic collisions. 7. Reduce the number of persons killed in alcohol -involved collisions. 8. Reduce the number of persons injured in alcohol -involved collisions. 9. Reduce the number of persons killed in drug -involved collisions. 10. Reduce the number of persons injured in drug -involved collisions. 11. Reduce the number of persons killed in alcohol/drug combo -involved collisions. 12. Reduce the number of persons injured in alcohol/drug combo -involved collisions. 13. Reduce the number of motorcyclists killed in traffic collisions. 14. Reduce the number of motorcyclists injured in traffic collisions. 15. Reduce hit & run fatal collisions. 16. Reduce hit & run injury collisions. 17. Reduce nighttime (2100 - 0259 hours) fatal collisions. 18. Reduce nighttime (2100 - 0259 hours) iniury collisions. B. Objectives: I Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off 1 press releases and media advisories, alerts, and materials must be entailed to the OTS 8/16/2019 2:15:46 PM Page 4 of 17 20D-6 Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate and report data (as required) in the following campaigns, National Walk to 10 School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a " HOT Sheet" program to notify patrol and 12 traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing 4 SFST (minimum 16 hours) POST -certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving 2 Enforcement (ARIDE) 16 hour POST -certified training. 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 7. Send law enforcement personnel to the DRE Recertification training. 2 8. Send law enforcement personnel to SFST Instructor training. 1 9. Conduct DUI/DL Checkpoints. A minimum of I checkpoint should be conducted during 12 the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUUDL checkpoints, departments should issue press releases that mention DL's will be checked at the DUUDL checkpoint. Signs for DUUDL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUUDL Checkpoint screeners should be DRE- or ARIDE-trained. 10. Conduct DUI Saturation Patrol operation(s) 52 11. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision 38 factor violations. 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers 12 using band held cell phones and textin . 13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during 2 events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers. 14. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 2 15. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or 16 during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. 16, Conduct Traffic Safety educational presentation(s) with an effort to reach community 10 members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 17. Conduct Know Your Limit campaigns with an effort to reach members of the community. 4 3. METHOD OF PROCEDURE A. Phase 1— Program Preparation (1" Quarter of Grant Year) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. 8/16/2019 2:15:46 PM Page 5 of 17 20D-7 • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. Media Requirements • Issue a press release announcing the kick-off of the grant by November 15, but no earlier than October 1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases and any related media advisories, alerts, and materials must be entailed for approval to the OTS Public Information Officer at vioag ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. B. Phase 2 — Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pioRdots.ca.gov, with a copy to your OTS Coordinator. The following requirements are for grant -related activities and are different from those regarding any grant kick-off release or announcement. • If an OTS-supplied, template -based press release is used, there is no need for pre - approval; however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS-supplied template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release distribution date, but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time -valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio(rdots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio6bots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS Coordinator for specifics and format -appropriate logos. • Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from any of the above reeuirements mieht be contemplated C. Phase 3 —Data Collection & Reporting (Throughout Grant Year) • Invoice Claims (due January 30, April 30, July 30, and October 30) • Quarterly Performance Reports (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and obiectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourthtfinal Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded. or an explanation of why obiectives were not comnleted. 8/16/2019 2:15:46 PM Page 6 of 17 20D-8 S. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 8/16/2019 2:15:46 PM Page 7 of 17 20D-9 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NuNIBER PT20164 FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT CFDA 405d AL-20 20.616 Impaired Driving Countermeasures $5,500.00 405c TR-20 20.616 State Traffic Safety Information $130,000.00 System Improvements 402PT-20 20.600 State and Community Highway $150,000.00 Safety 164 AL-20 20.608 Minimum Penalties for Repeat $300,000.00 Offenders for Driving While Intoxicated COST CATEGORY CFDA TOTAL COST TO GRANT A. PERSONNEL COSTS Straight time $0.00 Overtime DUDDL Checkpoints 20.608 $123,600.00 DUI Saturation Patrols 20.608 $161,200.00 Know Your Limit 20.608 $5,880.00 Traffic Enforcement 20.600 $79,800.00 Distracted Driving 20.600 $19,560.00 Motorcycle Safety 20.600 $3,260.00 Night-time Click It Or Ticket 20.600 $3,260.00 Pedestrian and Bicycle Enforcement 20.600 $26,080.00 Traffic Safety Education 20.600 $7,350.00 SFST/ARIDE/DRE Instruction 20.616 $5,500.00 Category Sub -Total $435,490.00 B. TRAVEL EXPENSES In State Travel 20.600 $2,000.00 $0.00 Category Sub -Total $2 000.00 C. CONTRACTUAL SERVICES Traffic Collision Database System Interface 20.616 $20,000. 00 Category Sub -Total $20,000.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 20.608 $8,000.00 Educational Materials 20.608 $1,320.00 Lidar Device 20.600 $5,180.00 Bicycle Helmets 20.600 $2,100.00 Bicycle Safety Equipment 20.600 $1,410.00 Handheld Citation Data Collection Devices 20.616 $110,000.00 Category Sub -Total $128,010.00 F. INDIRECT COSTS $0.00 8/16/2019 2:15:46 PM Page 8 of 17 20D-10 Category Sub -Total $0.00 GRANT TOTAL $585,500.00 8/16/2019 2:15:46 PM Page 9 of 17 20D-11 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GiL4NT NUMBER PT20164 BUDGET NARRATI VE PERSONNEL COSTS QUANTITY DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by 12 appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by 52 appropriate department personnel. Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by 4 appropriate department personnel. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate 38 department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate 12 department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate 2 department personnel. Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by 2 appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations 16 conducted by appropriate department personnel. Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns 10 conducted by appropriate department personnel. SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by 1 appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events I supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include (enter other known conferences or required events). All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES Traffic Collision Database System Interface - Computer programming required to interface collision 1 database or citation data collection systems with other existing agency or court databases or Records Management Systems, allowing the systems to be electronically integrated for transfer of data. EQUIPMENT OTHER DIRECT COSTS DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may I include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti -fatigue mats, and 8/16/2019 2:15:46 PM 20D-12 Page 10 of 17 canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, 1 coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This 4 device will be used forspeed enforcement. Bicycle Helmets - Helmets to be distributed during bicycle rodeos and other bicycle safety related 300 events. Bicycle Safety Equipment - Safety equipment such as bicycle headlights/taillights, reflectors, and 1 reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related events. Handheld Citation Data Collection Devices - Handheld devices for traffic officer use to collect citation 23 data, print the citation in the field, and transfer the information electronically to the agency RMS system and to the courts. The system will be used by traffic officers to improve the efficiency and accuracy of writing traffic citations. Costs include the purchase of electronic citation device, with integral mag-strip reader, thermal printer, audio recorder, camera, docking/charging station, software, licenses, accessories, training, and associated shipping and taxes. INDIRECT COSTS STATEMENTS/DISCLAINIERS There will be no program income generated from this grant. Nothing in this "agreement' shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. 8/16/2019 2:15:46 PM Page 11 of 17 20D-13 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRAN NwvIBER PT20164 CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906 PUB. L. 109-59 AS A6IENDED) Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee AQencv officials to civil or criminal penalties and/or place the State in a high -risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter4—HighwaySafety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1300—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C, 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title LY of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles 11 and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8/16/2019 2:15:46 PM 20D-14 Page 12 of 17 • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contractlagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and sub agreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. 8/16/2019 2:15:46 PM Page 13 of 17 20D-15 POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will complywith provisions of the Hatch Act (5 U.S.C. 1501-1503), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) 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, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients 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 (applies to subrecipients as well as States) 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. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 8/16/2019 2:15:46 PM 20D-16 Page 14 of 17 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 primary tier 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 tier 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 tier 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 or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200, 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 tier 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 tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (httos://www,sam. Gov/). 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 the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 8/16/2019 2:15:46 PM Page 15 of 17 20D-17 (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 records, 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 tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terns covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier 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 with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (httos://www.sani.eov/). 8. 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. 8/16/2019 2:15:46 PM 20D-18 Page 16 of 17 9. Except for transactions authorized under paragraph 5 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 with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, 'iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. LAW ENFORCEMENT AGENCIES All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section 13519.4, subdivision (e), defines "racial profiling" as the "practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped." Then, subdivision (f) of that section goes on to provide, "A law enforcement officer shall not engage in racial profiling." 8/16/2019 2:15:46 PM Page 17 of 17 20D-19 20D-20