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Home My WebLink AboutCALIFORNIA OFFICE OF TRAFFIC SAFETY (2)-2009 A-2009-130 4J:'\~"~'~" <.'. .,...~." . -"'~ ~ ~''';@l~: II ~ - *,~.!iE ,1.\ h ~r:. ,,7 -~ V State of California GRANT NUMBER OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT ALI084 PAGE 1 (To be completed by applicant Agency) 1. GRANT TITLE DUI ENFORCEMENT AND AWARENESS PROGRAM 2. NAME OF ApPLICANT AGENCY CITY OF SANTA ANA 4. GRANT PERIOD Month - Day - Year From: 10/1109 To: 9/30/10 3. AGENCY UNIT TO HANDLE GRANT POLlCE DEPARTMENT 5. GRANT DESCRIPTION (Provide an overview of the grant activities that will address the problem statement, in approximately 100 words. Space is limited to six lines.) To reduce the persons killed and injured in alcohol involved crashes, "best practice" strategies will be conducted on an overtime basis. The funded strategies include DUIIDriver's License checkpoints, DUl saturation patrols and Special enforcement operations to reduce the number of motorcyclists killed and injured in traffic collisions. This program will also develop a "Hot Sheet" program and conduct "Stakeout" operations for officers to concentrate on repeat DUl offenders on probation who have had their license suspended or revoked. Court "stings" operations will focus on DUI offenders with a suspended or revoked driver license who get behind the wheel after leaving court. Through warrant service details, the police department will target repeat DUI violators who failed to appear in court or violate probation. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 249,200.00 7. ApPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF ApPLICANT AGENCY NAME: Douglas McGeachy PHoNE:714-245-8210 NAME: David Ream TITLE: Commander FAX: 714-245-8190 TITLE: City Manager ADDRESS: 60 Civic Center Plaza ADDRESS: 20 Civic Center Plaza P.O. Box 1981 Santa Ana, Ca 92702 Santa Ana. Co 92702 E-MAIL: DMc~n@santa-ana.org E-MAIL: du~sa ~iig- ~ ""'. ./ 1?-IJ41 (Signa, ..e) (Date) (Signature) PHONE:714-647-5200 FAX: FISCAL OR ACCOUNTING OFFICIAL S'h '!/~, I (DateJ OFFICE AUTHORIZED To RECEIVE PAYMENTS c. D. NAME: Francisco Gutierrez Executive Director of TITLE: Finance ADDRESS: 20 Civic Center Plaza Santa Ana, Ca 92702 PHo~E:714-647-5420 NA.\fE: Finance Department AODRESS: 20 Civic Center Plaza Santa Ana, Ca 92702 ATTEST: qY/~f) ,f1~ y/ MARIA D. HUIZAR L.-- CL.e!RK OF THe cou elL FAX: E-MAIL: fgutierrez@santa-ana.org '::!.~~..',,,,,,..>~ ~ J'z, (Signature) (Date) ~ROVED AS TO '0(7 f'.-... DJ,A~ . Teresa. u Pf.I'lItl tit}' i\ttlll'lllY OTS-38 (Rev. 6/06) Page 2 (Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 1 0/1 /2009 GRANTEE CITY OF SANTA ANA GRANT NO. All 084 8. Action No. 1 Date: 9/20/2009 10. TYPE OF AGREEMENT Initial X I Revision I Cont. I FUND I PROGRAM TASK NO. F.Y. Revision No. Date: 164 10-Al 2 2010 9. Action Taken 11. FUNDING DISPOSITION & STATUS Fiscal Year Amount Initial approval of 2010 HSP funds obligated. 2009-1 0 249,200.00 Total 249,200.00 Obligated This Action 249,200.00 Previously Obligated 0.00 Total Amount Obligated 249,200.00 Amount Suspended 0.00 State FY 2009-10 2700-1 01-0890 (1/09) TOTAL FUNDS PROGRAMMED 249,200.00 Catalog Federal Domestic Assistance No. 20.600 12. BUDGET SUMMARY (From Schedule B Detail) - FISCAL YEAR GRANT PERIOD ENDING: 9/30/201 0 2010 2009-10 TOTAL GRANT COST CATEGORY GRANT PERIOD PRIOR GRANT TOTAL GRANT BUDGET ESTIMATE A. Personnel Costs 246,700.00 0.00 246,700.00 246,700.00 B. Travel Expenses 2,000.00 0.00 2,000.00 2,000.00 C. Contractual Services 0.00 0.00 0.00 0.00 D. Equipment 0.00 0.00 0.00 0.00 E. Other Direct Costs 500.00 0.00 500.00 500.00 F. Indirect Costs 0.00 0.00 0.00 0.00 rOTAL FEDERAL FUNDS 249,200.00 0.00 249,200.00 249,200.00 13. GRANT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT & FUNDING AUTHORIZED BY NAME: TONY SORDEllO NAME: CHRISTOPHER J. MURPHY TITLE: Regional Coordinator TITLE: Director PHONE: (916) 509-3019 E-MAIL: tsordello@ots.ca.qov Office of Traffic Safety Office of Traffic Safety 2208 Kausen Drive, Suite 300 2208 Kausen Drive, ~'t 300 Elk Grove, CA 95758-7115 Elk Grove, CA 95758 1 5 Signature /~/..A~!I~ Signature (' ~'lAMflU . / OTS-38a* (Rev 2/07) GRAI\TS MADE EASY - DUl Overtime SCHEDULE A GRANT No: ALl084 GRANT DESCRIPTION Page I PROBLEM STATEMENT: Usinf! local data (not OTS Rankinf!s or SWITRS) complete the table below. CoUision Tvne 2005 2006 2007 Collisions Victims Collisions Victims Collisions Victims Fatal 23 23 20 20 19 19 Iniurv 1521 2180 1391 1985 1301 1815 Fatal Iniurv Killed Iniured Fatal Iniurv Killed In i ured Fatal liiiurv- Killed Iniured Alcohol Involved 6 122 6 186 6 100 6 140 4 114 4 157 Hit & Run I 280 I 354 5 231 5 303 I 215 I 284 Nighttime 8 199 8 288 8 163 8 234 10 185 10 276 '2100-0259 hours) Please provide detailed answers to the following questions as part of the Problem Statement: 1. Describe the traffic safety problem(s) to be addressed, include: . What percent of your collisions involve drivers with a suspended or revoked license or drivers who have never been issued a license? . What percent of your total DUI arrests between October I, 2007, and September 30, 2008, were made as a result of a collision? Santa Ana boasts the youngest median ages for any city in the United States. Nearly half of our population is under the age of25, approximately 166,000. This demographic is statistically four times more likely to be involved in collisions. We will be required to maintain vigilant enforcement efforts to counter these trends. In the city of Santa Ana we responded to and prepared reports for 4,207 collisions during the specified time period. Of these reported collisions, 1626 were hit and run collisions. Because one or more parties left the scene there license status is unknown. We recorded a total of 1227 collisions where one or more of the parties were unlicensed either suspended or none issued. This represents 30% of our total reported collisions. Ifwe exclude hit & run traffic collisions where the license status is unknown from our total number of collisions, there is a 48% chance the driver is unlicensed. The Santa Ana Police Department arrested a total of 1180 DUI drivers during the specified period. We arrested 370 of these impaired drivers after they had become involved in a traffic collision. This represents 35% of all our DUI arrests. OTS-38b GME DUl Overtime (10/08) GRANTS MADE EASY - DUl Overtime SCHEDULE A GRANT No: ALI084 GRANT DESCRIPTION Page 2 2. How many sobriety checkpoints did your department conduct between October 1, 2007 and September 30, 2008? (Include checkpoints from all funding sources, i.e. OTS grants or mini-grants, and department funded) OTS Grant #: PT0760; # of Checkpoints: L(Not AVOID) OTS Grant #: _; # of Checkpoints: _ (Not A VOID) Mini-Grant #: SC08385; # of Checkpoints: :!: # of A VOID Supported Checkpoints: (In Vour Jurisdiction) # of Department Funded Checkpoints: !Not OTS Funded) Additional Information: 3. What is the average number of DUI arrests and vehicles impounded per checkpoint? On average, we arrest eleven DUI drivers during a checkpoint operation and impound 41 vehicles which are held for 30 days. 4. Does your agency participate in an A VOID DUl program? Yes A VOID the 28 DUI Campaign in Orange County 5. What is the magnitude of your city's problem concerning repeat DUI offenders who violate probation or fail to appear in court? Do you currently have a program that proactively addresses this issue? Tracking repeat DUI offenders is a difficult problem to quantify. We have no internal method to track for multiple offenders. Anecdotally, we have noticed an increase in the arrests of individual who have prior convictions. This is a result of our increased DUI enforcement. We estimate that 10% to 20% of our DUI arrestees have prior convictions. 6. Do you have a backlog of unserved warrants for repeat DUI offenders? There are in excess of217 DUI warrants that have been issued in the last year that have not been served. Overall we have over 400 active DUI warrants on file. Each of these warrants are for residents of Santa Ana 7. How many of your traffic officers have received Standardized Field Sobriety Testing (SFST) training? As of December 2008 we have adopted the SFST as the investigative procedure for all DUI arrests. The procedure was outlined in an official Training Bulletin. Training Bulletins are department policy and it is mandated that officers incorporate these procedures in their enforcement activities. New officers receive SFST training as part of their traffic training regiment. OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY - nUl Overtime SCHEDULE A GRANT No: ALl084 GRANT DESCRIPTION Page 3 8. What is your current administrative recovery fee for vehicles impounded for up to 30 days and how much of the fee goes to the General Fund vs. a special Traffic Offender account? How is it used? The current release fee for impounds due to license violations is $195. Ofthis amout, $100.00 is deposited in to our traffic offender account. PERFORMANCE MEASURES: Goals: Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant program. 1. To reduce the number of persons killed in traffic collisions. 2. To reduce the number of person injured in traffic collisions. 3. To reduce the number of persons killed in alcohol-involved collisions. 4. To reduce the number of persons injured in alcohol-involved collisions. 5. To reduce hit & run fatal collisions. 6. To reduce hit & run injury collisions. 7. To reduce nighttime (2100 - 0259 hours) fatal collisions. 8. To reduce nighttime (2100 - 0259 hours) injury collisions. 9. To reduce the number of motorcyclists killed in traffic collisions. 10. To reduce the number of motorcyclists injured in traffic collisions. 11. To reduce the number of motorcyclists killed in alcohol-involved collisions. 12. To reduce the number of motorcyclists injured in alcohol-involved collisions OTS-38b GME DUl Overtime (10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE A GRANT No: ALl084 GRANT DESCRIPTION Page 4 Objectives: Objectives are the tasks or activities undertaken during the grant period to make the goals a reality. Objectives are designed to move you closer to achieving your overall goals. Objectives are used to measure a grantee's success. I. To issue a press release announcing the kick-off of the grant by November IS, 2009. The press releases and media advisories, alerts, and materials must be forwarded to the OTS Public Information Officer at oiolalots.ca.gov and copy the OTS Coordinator for approval 14 days prior to the issuance date of the release. 2. To 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." 3. To email a draft of all grant-related media releases, media advisories, alerts and materials to the OTS Public Information Officer at oio{a).ots.ca.gov and copied to your OTS Coordinator for approval 14- days prior to the issuance date of the release (media communications reporting the results of grant activities such as checkpoints and saturation patrols are exempt from this requirement). 4. To submit applications for the California Law Enforcement Challenge (htto://www.cho.ca.gov/clec/index.html) by the deadlines of March 26,2010 to OTS and: California Law Enforcement Challenge P.O. Box 942898 Sacramento, CA 94298-0001 Attention: Special Projects Section (052) 5. To conduct Standardized Field Sobriety Testing (SFST) training for ---1Q..... officers by March 31, 2010. 6. To conduct ~ DUlJDL checkpoints by September 30, 2010. Note: For combination DUlJDL checkpoints, departments must issue press releases that mention DL's will be checked at the DUI!DL checkpoint. Also, according to the Attorney General's Office all DUlJDL checkpoint operations must have signs reading "DUIlDriver's License Checkpoint Ahead." To maximize effectiveness, it may be necessary to conduct a checkpoint operation at more than one location on any given day! night. Each checkpoint should be highly publicized and visible. No occupant restraint citations will be issued at the checkpoints. OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval, will OTS fund checkpoint operations that begin prior to 1800 hours. OTS-38b GME DUl Overtime (10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE A GRANT No; AL1084 GRANT DESCRIPTION Page 5 7. To conduct ~ our saturation patrols by September 30,2010. 8. To conduct --2.. warrant service operations targeting multiple our offenders who violate probation terms or fail to appear in court by September 30, 20 I O. 9. To develop a "Hot Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat our offenders with a suspended or revoked license as a result ofOUl convictions by December 31, 2009. Updated Hot Sheets will be distributed to patrol and traffic officers every three to four weeks. 10. To conduct 2.. "Stakeout" operations that employ police officers to observe the "worst of the worst" repeat our offender probationers with a suspended or revoked driver license by September 30, 20 I O. II. To conduct ~ "Court Sting" operations to cite individuals driving from court after having their license suspended or revoked by September 30, 20 I O. 12. To conduct i highly publicized special motorcycle safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, our, following too closely, unsafe lane changes, improper turning and other primary collision factor violations by motorcyclists and other drivers by September 30, 2009 NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetennined number of citations in pursuance of the goals and objectives hereunder. OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY-DUI Overtime SCHEDULE A GRANT No: ALl084 GRANT DESCRIPTION Page 6 METHOD OF PROCEDURE: Phase I: Proeram Preparation and Trainine and Implementation (October 1,2009 - December 31,2009) · The policc department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. . A draft news release will be submitted to OTS to announce the grant program. · All training needed to implement the program will be conducted this quarter. · All grant related purchases needed to implement the program will be made this quarter. · In order to develop 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 ofDUI conviction. 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 will be updated and distributed to traffic and patrol officers every three to four weeks. · The police department will meet with appropriate court personnel to help develop an operational plan to conduct court stings. Phase II: Communitv Awareness (Throughout Grant Period) · The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Phase III: Data Gatherine and Analvsis (Throughout Grant Period) . The police department will submit a Quarterly Performance Report (QPR) and Quarterly Evaluation Data Form, Schedule C within 30 days following each calendar quarter. . The fmal QPR, Schedule C and Executive Summary are due to OTS by October 31, 20 I O. . Reports shall be completed in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7, and submitted in compliance with the signed Acceptance of Conditions and Certifications (OTS-33) included within this agreement. METHOD OF EVALUATION: The Office of Traffic Safety will use the QPR data to determine whether the grant was successful. OTS will also select grants for monitoring reviews to ensure the accuracy of claimed costs. For example, OTS will review claimed costs to ensure they are supported by time sheets, vouchers, invoices, purchase orders, etc. OIS-38b GME DUI Overtime (10108) GRANTS MADE EASY - nUl Overtime SCHEDULE A GRANT No: ALl084 GRANT DESCRIPTION Page 7 ADMINISTRATIVE SUPPORT: This program has full support of the The Santa Ana Police Department, effort will be made to continue the activities after the grant conclusion. The City of Santa Ana has endorsed this grant by resolution. OTS-38b GME DUI Overtime (10108) GRANTS MADE EASY - DUI Overtime SCHEDULE B - PAGE 1 DETAILED BUDGET ESTIMATE GRANT NO. ALI084 FISCAL YEAR ESTIMATES COST CATEGORY FFY-l 10/112009 TOTAL COST Thru TO GRANT A. PERSONNEL COSTS 9/30/2010 OVERTIME DUlIDL Checkpoints $144,000.00 $144,000.00 DUI Saturation Patrols 84,567.00 84,567.00 Warrant Service Patrols 7,000.00 7,000.00 Stakeouts 3,133.00 3,133.00 Court Stings 8,000.00 8,000.00 Cate20ry Sub-Total $246,700.00 $246,700.00 B. TRAVEL EXPENSE In State $2,000.00 $2,000.00 0.00 CateQOry Sub-Total S2,OOO.00 $2,000.00 C. CONTRACTUAL SERVICES None SO.OO $0.00 Category Sub-Total SO.OO SO.OO OTS-38d DUI Overtime (Rev. 10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE B - PAGE 2 DETAILED BUDGET ESTIMATE GRANT NO. AOlI084 FISCAL YEAR ESTIMATES COST CATEGORY FFY-I 10/1/2009 TOTAL COST Ibm TO GRANT D. EQUIPMENT 9/30/2010 None $0.00 $0.00 Category Sub-Total $0.00 $0.00 E. OTHER DIRECT COSTS PrintingJDuplication $500.00 $500.00 Category Sub-Total $500.00 $500.00 F. INDIRECT COSTS None $0.00 $0.00 Category Sub-Total $0.00 $0.00 GRANT TOTAL $249,200.00 $249,200.00 OIS-38e DUI Overtime (Rev. 10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE B-1 GRANT No. AL1084 BUDGET NARRATIVE Page I PERSONNEL COSTS: Overtime Budgeted grant activities will be conducted by agency personnel on an overtime basis. Grant funded operations may be conducted by personnel such as an Officer, Lieutenant, Sergeant, Corporal, Deputy, Community Services Officer, Dispatcher etc., depending on the titles used by the agency. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of$59/hr to $86/hr. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Agency will contribute all benefits. .. TRAVEL EXPENSE: In-State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals, objectives and/or traffic safety. Funds may be used to attend OTS approved training. Anticipated travel and events include local mileage for grant activities and meetings, Grantee Operational Training and the Vehicle Homicide Seminar. All conferences, seminars or training not specifically identified in the SCH Bl budget, must be approved by OTS. All travel claimed would 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. Note: To be eligible to attend the Vehicular Homicide Conference the grantee must have successfully completed the POST DWI Detection and SFST course along with completion of the Accident Scene Investigation course. The officer/detective selected to attend the Vehicle Homicide conference should be currcntly assigned to work on DUI fatal collisions for their agency. CONTRACTUAL SERVICES: None EQUIPMENT: Printinl!ffiuplication- Costs include the purchases of paper, production, printing and/or duplication of materials associated with daily grant operations. OTHER DIRECT COSTS: N/A OTS-38fGME DUI Overtime (Rev. 10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE B-1 GRANT No. ALI084 BUDGET NARRATIVE Page 2 INDIRECT COSTS: None PROGRAM INCOME: There will be no program income generated from this grant. OTS-38fGME DUI Overtime (Rev. 10/08) iJO"Tl< ~CCD'CD ""'I--:::r o 0.-. _ )> '^ 0 (J) ..., VJ CD CD 0 (fl ~g-- <II iii' 0 JJ -< C/'J CD -i <II CD S<II g. en (0)> - 0. a 3 3 ::J O~ CCD ~ (flCD III 0. ~ c: ~ III ~ o' ::J -0 ~c: "-~_:D a en CD "lll 0 0 c ... .-+ 0 ~ l:: :::r < c..., co CD & a; Ci) mer.., a. 3.::::1 CD g: $!' 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C s: (J) ~:=cn"a.f"'Io -CD::::J-.O a c.ce a 3m03m'i :1_ ::J.., o 0"" Cf) om O ., CD.......,... n"'O)n-' C CD m A (I) 0 ::+3~<t>3:l en CD 0 0 CD UI .-=-:Jc3.0 S' >- UI ..... :t:- 0 !lOO!l:l 0<'0 <'0. ;:;: ::I co ::;: c: c.03:$n c:~ CD o 0 0. ;~ 0. o 0 0 0 000 0 000 0 000 0 STATE OF CALIFOR.c'fIA, . OFFICE OF TRAFFIC SAFETY ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS OTS-33 (Rev. 09/08) ApPLICANT AGENCY OTS GRANT NUMBER Ci of Santa Ana ALl084 The following attachments are included herein and constitute a part of this Grant Agreement: 1. OTS-38 - Page I 5. Schedule C - Quarterly Evaluation Data (when required) 2. Schedule A - Grant Description 6. OTS-33 - Acceptance of Conditions and Certifications 3. Schedule B - Detailed Budget 7. General Terms, Conditions, and Certifications Estimate for Grant Costs (OTS Grant Program Manual (GPM), Exhibit 6A. 4. Schedule B-1 - Budget GPM available on-line at www.ots.ca.gov) Narrative TERMS AND CONDITIONS It is understood and agreed by the Grantee that grant funds received as a result of this Agreement are subject to all applicable federal and state regulations governing grants and to the following applicable controls, terms and consideration expressed in the OTS Grant Program Manual which includes but is not limited to: REPORTS/ CLAIMS FOR REIMBURSEMENT I. Quarterly Performance Reports and Reimbursement Claims must be submitted by the Grantee to the Office of Traffic Safety (OTS) by January 30, April 30, July 30, and October 30, during each year of grant operation. The failure to timely submit complete and correct claims within sixty (60) days of their due dates may constitute Grantees irrevocable waiver of any right to thereafter recover from Grantor any part of those waived grant sums which may thereafter be reallocated or reverted by Grantor. 2. OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a Grantee fails to comply with any applicable term or condition of this Grant Agreement or program guidelines (GPM, Chapter 3.11). This may include, but is not limited to, the following: . Failure to submit acceptable and timely reimbursements claims; . Failure to submit acceptable and timely quarterly performance reports; . Failure to submit an acceptable and timely Schedule C, Quarterly Evaluation Data (OTS-38g, applies only when a Schedule C has been required); . Failure to comply with requirement of the Single Audit Act (GPM, Chapter 4.11); and 3. By October 30, "continuing" grants must submit a September 30 claim and a written justification to support carrying forward thc remaining grant year unexpended funds. September 30 claims and written justifications, supporting the carrying forward of these prior year unexpended funds submitted after November 30 may not be processed and the prior claim (i.e., June 30) will be considered the year-end claim in order to close out the federal fiscal year ending September 30. In addition, these unexpended funds will be de-obligated and allocated to new grants. SUB-CONTRACTS Grantee may enter into subcontract(s) to perform applicable provisions ofthis Grant Agreement. The Grantee is responsible for ensuring that all activities delegated to subcontractors are in support of this Grant Agreement. A. Grantee is the responsible party and shall remain liable for the performance of the terms, conditions, assurances, and certifications of this Grant Agreement, without recourse to the State, regarding the settlement and satisfaction of all contractual and administrative issues arising out of subcontract agreement(s) entered into in support of this Grant Agreement, including disputes, claims, or other matters of a contractual nature as well as civil liability arising out of negligence or intentional misconduct of the subcontractor(s). B. Nothing contained in this Grant Agreement shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Grantee of its responsibilities and obligations hereunder. Grantee agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indircctly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to payor to enforce the payment of any moneys to any subcontractor. 4. Consultants and/or sub-contractors shall be selected in accordance with the grantee agency procurement policies and procedures in order to comply with the terms of this agreement and in accordance with OTS GPM Chapter 6 Procurement & Contract Administration and Exhibit 6-A General Terms, Conditions, and Certifications. The Grantee, consultant, contractor and/or sub-contractor are subject to all applicable terms and conditions and are bound by the applicable certifications of the Grant Agreement and 49 CFR Part 18, and/or CFR Part 19 whichever is applicable. Grantor is not obligated to make any payment under any agreement prior to final execution or outside the terms of the sub-contract period. Contractor/Grantee Agency expenditures incurred prior to final sub-contract execution are taken at the risk of that Contractor/Grantee Agency and will be considered unallowable if that agreement/sub-contract is not executed. AVAILABILITY OF FUNDS 5. If, during the term of the Grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the Grant award sum for allowable and uncancelable grant costs incurred following receipt of Grantor's written notice to the Grantee. 6. Funds Awarded under Catalog of Federal Domestic Assistance (CFDA) Number 20.600. REVISIONS 7. Grant Agreement revisions are allowed in accordance with the guidelines detailed in the OTS GPM, 2 Chapter 3.9 and conforming to the revision examples provided in Chapter 3.8. All appropriate documentation required to request a grant revision requiring Grantor's approval (i.e. budget category increases, etc.) must be timely submitted to Grantor. 8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Those additional applicable terms and conditions identified in the OTS GPM, Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-A), are incorporated herein by reference and made a part of this Agreement. TRAFFIC ENFORCEMENT AGENCIES ONLY: 10. Full time Grantee traffic enforcement personnel and any equipment funded under this Grant shall be dedicated solely to Grant supported enforcement tasks unless a criminal offense is committed in the officer's presence and response to an officer in distress is initiated, and a riot requires that all available enforcement personnel be committed in response. 11. By signing this document the Grantee certifies that it is not suspended or debarred from doing business with the Federal Government. We, the officials named below, hereby swear that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. Executed on the date and in the county named below and made under penalty of perjury under the laws of the State of California. EXECUTED IN THE COUNTY OF Orange DATE EXECUTED <g:. J) -0"1 )> TITLE Commander AUTHORIZING OFFICIAL'S NAME 's SIGNATURE EXECUTED IN THE COUNTY OF Orange DATE EXECUTED )> TITLE City Manager 3