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SR - AGR-5117.J - 2018 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM1. SUBJECT Grant #PT18107 from the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program for Federal Fiscal Year 2018. 2. SUMMARY :==1 Funding from OTS is being provided for the Selective Traffic Enforcement Program grant in the amount of $254,000. The objectives of the grant are to reduce the number of persons injured or killed in traffic collisions involving alcohol, speed, red light violations and other primary collision factors. The funds will be used for overtime costs associated with DUI checkpoints and saturation patrols, motorcycle safety enforcement operations, distracted driving operations, warrant service operations, bike /pedestrian safety operations, and special enforcement operations with an emphasis on reducing traffic collisions. 3. RECOMMENDATION 1. Approve agreement with the State of California OTS for the grant and authorize the City Manager to execute the agreement on behalf of the City; and 2. Accept into the City's revenue budget a $254,000 grant from the California OTS into revenue account number 100.4041.45290.30097, General Fund - FY18 OTS Selective Enforcement Program; and 3. Authorize the appropriation of $254,000 into the following Traffic Program expenditure accounts: 100.4041.50221.30097 Overtime — Safety OTS Grant 17 -18 100.4041.50222.30097 Overtime — Miscellaneous OTS Grant 17 -18 100.4041.51830.30097 Overnight Training OTS Grant 17 -18 100.4041.55131.30097 Equipment OTS Grant 17 -18 $225,231 19,962 3,067 5,740 Total $254,000 ITEM. • 19 1 9/12/17 4. FISCAL IMPACT Upon appropriation, funds will be available to cover the cost of grant overtime and supplies as follows: 100.4041.50221.30097 Overtime — Safety OTS Grant 17 -18 $225,231 100.4041.50222.30097 Overtime — Miscellaneous OTS Grant 17 -18 19,962 100.4041.51830.30097 Overnight Training OTS Grant 17 -18 3,067 100.4041.55131.30097 Equipment OTS Grant 17 -18 5,740 Total $254,000 5. STRATEGIC PLAN GOAL(S) la. Provide for a Safe Community Provide staffing and resources to deliver services that ensure public safety. 6. GENERAL PLAN IMPLEMENTATION Public Safety Goal 6.0 Provide public safety services of the highest quality. Policy 6.1: Provide the Police Department with adequate personnel, equipment and state- of -the- art technology to effectively combat crime, meet existing and projected service demands, and provide crime prevention programs. These resources should be provided prior to anticipated needs. 7. DISCUSSION and BACKGROUND The City of Orange has been selected to receive a $254,000 grant to implement a Selective Traffic Enforcement Program for Federal Fiscal Year 2018. The funds will be used for overtime costs associated with DUI checkpoints and saturation patrols to apprehend impaired drivers, warrant service operations targeting repeat DUI violators who failed to appear in court or violate probation, and special enforcement operations with an emphasis on reducing traffic collisions. Law enforcement personnel will conduct specialized traffic safety educational presentations with an effort to reach and inform community members on topics such as distracted driving, DUI, speed, pedestrian and bicycle safety, seatbelts, and child passenger safety. Also, special patrols will be used to enforce California's distracted driving laws, speed, aggressive driving, seat belt enforcement, and special enforcement operations encouraging motorcycle safety. The grant will also provide funding to purchase on -scene DUI checkpoint supplies needed to conduct sobriety checkpoints. 8. ATTACHMENTS • OTS Grant PT 18107 ITEM 2 9/12/17 State of California — Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT18107 1. GRANT TITLE Selective Traffic Enforcement Program STEP 2. NAME OF AGENCY 3. Grant Period Orange From: 10/01/2017 4. AGENCY UNIT TO ADMINISTER GRANT Orange Police Department To: 09/30/2018 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: $254 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 a part 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. AUTHORIZING OFFICIAL OF DEPARTMENT B. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Rick Otto PHONE: 714- 744 -2203 NAME: Rhonda L. Craft PHONE: (916) 509 -3030 TITLE: City Manager FAx: TITLE: Director FAx: (916) 509 -3055 ADDRESS: 300 E. Chapman Avenue ADDRESS: 2208 Kausen Drive, Suite 300 Orange, CA 92866 Elk Grove, CA 95758 EMAIL: rotto @cityoforange.org EMAIL: rhonda.craft @ots.ca.gov (Signature) (Date) (Signature) (Date) C. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS NUMBER DUNS #: 089140982 NAME: Carolyn vu ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED ADDRESS: 1107 N. Batavia Street Elk Grove, CA 95758 CITY: Orange I ZIP +4: 928674615 7/26/2017 3:09:48 PM Page 1 of 15 10. PROJECTED EXPENDITURES PROJECTED FUND CFDA ITEM /APPROPRIATION F.Y. CHAPTER STATUTE EXPENDITURES AGREEMENT $254,000.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $254,000.00 I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the PRIOR AMOUNT ENCUMBERED FOR THIS expenditure stated above. AGREEMENT $ 0.00 ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED .es $254,000.00 7/26/2017 3:09:48 PM Page 2 of 15 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT18107 1. PROBLEM STATEMENT Our Chief of Police has placed an emphasis on the Four C's: Character, Competency, Communication, and Commitment. The City of Orange Police Department is committed to making Orange the safest city in the county. The foundation for accomplishing this goal is the Five Pillars of Success. They are as follows: • Exercise Leadership within the department and the community • Exemplify Professionalism in every facet of the job • Use Technology to enhance our crime fighting ability • Arrest High -Risk and Repeat Offenders • Work to Reduce Crime Public safety and well -being is a valued, fundamental component of quality of life within the community as defined in the City of Orange Public Safety General Plan (Public Safety PS -1). The Orange Police Department is the integral component of the public safety sector that provides for the reduction of criminal activity, crime prevention and educational programs designed to prevent crime, as outlined in Goals 7.0 and 7.1 of the General Plan. In addition to general public safety for its community members, specifically addressed is the provision for safe pedestrian and bicycle environments as described in Goals 9.0 and 9.1 of the plan. In order to accomplish these goals, the Orange Police Department is committed to reducing traffic related injuries and fatalities through an aggressive educational and enforcement campaign, targeting impaired/unlicensed drivers, repeat DUI offenders, and other traffic - related violators. The City of Orange is the sixth largest city in the county and 41 st in the state. With a population of approximately 140,000 it serves as an integral component of the county's transportation infrastructure supporting five major freeways, a MetroLink railroad terminal, and the 241/261 Eastern Transportation Corridor. The City of Orange Traffic Study of 2016 identified an average vehicle flow of approximately 3,560,640 trips daily, which was a 0.7% increase from 2014. With the current expansion of Chapman University and the increased economic environment, these numbers are expected to increase significantly by 2018. Our first priority is to make the City of Orange a safer environment for its community members and the motoring public. We had four traffic- related fatalities in 2014, nine in 2015 and six in 2016; which is a 33% decrease from 2015 to 2016. We had one alcohol - involved traffic fatality in 2014, one in 2015 and three in 2016. Overall, we had 665 injury collisions in 2014 and 725 injury collisions in 2015; which is a 9% increase. However, 2016 remained the same. We were fairly consistent with alcohol injury collisions. We had 54 alcohol injury collisions in 2014 and 2015. We had 46 alcohol injury collisions in 2016. These percentages would most likely be much larger given the increase in traffic flow had it not been for our aggressive Office of Traffic Safety funded impaired driving enforcement efforts and increased activity by our certified Drug Recognition Expert officers. Our goal is to continue to reduce the number of victims impacted by impaired drivers and other traffic related offenses. It is obvious that once again our Office of Traffic Safety funded DUI/DUID enforcement efforts are having a positive impact. The primary concern is that of impaired drivers and their impact on society. Since 2012, DUI arrests have increased by 105% in 2015. This is partly due to our aggressive enforcement targeting impaired driving, but also due to our self - funded full -time DUI Enforcement Team. Since that time our self - funded full -time DUI Enforcement Team has been reduced from three to one officer. Our Department made 764 DUI arrests in 2014, 801 DUI arrests in 2015, and 667 DUI arrests in 2016. It is apparent our DUI Enforcement strategies and companies such as Uber and Lyft have made an impact on the decision for people to not drive while impaired. Public awareness and aggressive enforcement strategies continue to be the primary component in order to address this on -going concern and threat to the community. Injury collisions impact our community at several different levels. With an overall reduction in staffing within the agency, proactive traffic enforcement continues to be a challenge. Additional resources and funding must be obtained in order to maintain enforcement of primary collision related violations in locations of high frequency as identified by our Multiple Collision Location data. This can be accomplished by utilizing personnel from other units such as Administration, Crime Prevention, and Investigative Services Division. 7/26/2017 3:09:48 PM Page 3 of 15 Unsafe turning movements, right -of -way and speed violations remain our leading primary collision factors resulting in injury. Our turning movement's collision factor has been on a steady decline. We had 308 traffic collisions in 2014, 263 in 2015, and 243 in 2016; which is a 21% decrease over the past three years, which attributed the turning movement as the primary collision factor. Our right -of -way violation collision factor has been on a steady increase. We had 244 traffic collisions in 2014, 352 in 2015, and 360 in 2016; which is a 48% increase over the past three years which contributed the right -of -way movement as the primary collision factor. Our speed violations collision factor has been on a steady increase. We had 245 traffic collisions in 2014, 343 in 2015, and 373 in 2016; which is a 52% increase over the past three years, which attributed speed as the primary collision factor. We had 48 Hit & Run injury collisions in 2014 and 77 in 2015. We had 50 Hit & Run injury collisions in 2016; which is a 35% decrease. In analyzing post incident collision data, many of these collisions can be linked to unlicensed, suspended or impaired drivers, unwilling to take responsibility for their actions. Working to identify and apprehend unlicensed and repeat DUI offenders, in conjunction with the 30 -day impound law, the Orange Police Department continues to have a significant impact on reducing Hit & Run collisions on our roadways. A growing concern for our community is the development and expansion of Chapman University. Attendance has expanded to over 8500 students in the last few years making safe pedestrian and bicycle travel a concern in the area of the campus and The Plaza. They have aggressively expanded their footprint to include many new off -sight satellite campuses located throughout the downtown area. Pedestrian and bicycle violations are growing at a concerning rate while speed and right -of -way violations continue to rise as the student population increases. A six way crosswalk is located at the intersection of Glassell St. and Palm Ave. This crosswalk is directly adjacent to the campus and was added to improve pedestrian crossing efficiency; however, the crosswalk is a new concept to many pedestrians and motorists. This requires additional enforcement and education efforts. The Plaza has also taken on a new appearance with the addition of numerous restaurants, bars and coffee houses, replacing the traditional businesses, which in turn increases pedestrian and bicycle traffic collisions in the area. The Orange Police Department will direct concentrated enforcement efforts in this area while partnering with Chapman University to further student and faculty awareness on this growing concern. In addition to Chapman University, a new development has resulted in several major injury incidents and in some cases, fatal traffic collisions. Patrons of the Honda Center tend to park in various areas around the adjoining businesses as opposed to parking at the venue itself. As a result, when the event ends, there is heavy pedestrian traffic in and around the center and on Katella Avenue. Some of the injuries are not traffic collisions per -se, but are as a result of pedestrian violations and jay - walking. Despite warning and enforcement signs, this is a growing concern and requires additional enforcement. Public awareness is the key to voluntary compliance of the law. High visibility and public awareness efforts are essential in filling the void created by a reduction of personnel. One officer seen driving down the road does not compare to two or three officers seen on enforcement stops at a high collision intersections or known corridor of frequent DUI arrests. This could not be accomplished without OTS funding and support for additional enforcement activities and public awareness programs. 2. PERFORMANCE MEASURES A. Goals: 1. 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. S. 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. 7/26/2017 3:09:48 PM Page 4 of 15 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) injury collisions. B. Objectives: 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 emailed to the OTS 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, NHTSA Winter & Summer Mobilization, National Bicycle Safety Month, National Click it or Ticket Mobilization, National Teen Driver Safety Week, National Distracted Driving Awareness Month, National Motorcycle Safety Month, 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 2 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. Conduct DUI Saturation Patrol operation(s). 11 9. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear 2 in court. 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision 22 factor violations. 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers 6 using hand held cell phones and textin . 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during 4 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 p rimary collision factor violations by motorcyclists and other drivers. 13. Conduct Nighttime 1800 -0559 Click It or Ticket enforcement operations. 2 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or 8 during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by edestrians, bicyclists, and drivers. 15. Conduct Traffic Safety educational presentations with an effort to reach community 2 members. Note: Presentations may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 16. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during 10 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 DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL 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 7/26/2017 3:09:48 PM Page 5 of 15 OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE- trained. 17. Instruct SFST /ARIDE/DRE, which includes field certification instruction for DRE 1 students. 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. • 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. The kick -off press releases and media advisories, alerts, and materials must be emailed to the OTS 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. B. Phase 2 — Program Operations (Throughout Grant Year) • The police 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 pio @ots.ca.gov, with a copy to your OTS Coordinator. • If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS 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 -20 days prior to the release date to ensure adequate turn- around time. • Press releases reporting the 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. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre - publicity, but are encouraged to offer embargoed media coverage and to report the results. • 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 @ots.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 pio @ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant - funded print materials; consult your OTS Coordinator for 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 7/26/2017 3:09:48 PM Page 6 of 15 • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect. analvze and renort statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final 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 objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 7/26/2017 3:09:48 PM Page 7 of 15 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT18107 FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT Positions and Salaries Full -Time CFDA $0.00 Overtime DUI/DL Checkpoints 164AL 20.608 Minimum Penalties for Repeat $175,000.00 $33,638.00 Warrant Service Operations Offenders for Driving While $1,982.00 Benefits @ 1.56% 20.608 Intoxicated Traffic Enforcement 402PT 20.600 State and Community Highway $67,580.00 $12,378.00 Motorcycle Safety Safe $7,088.00 405d AL 20.616 Impair d Driving Countermeasures $11,420.00 COST CATEGORY CFDA TOTAL COST TO GRANT A. PERSONNEL COSTS Positions and Salaries Full -Time $0.00 Overtime DUI/DL Checkpoints 20.608 $131,040.00 DUI Saturation Patrols 20.608 $33,638.00 Warrant Service Operations 20.608 $1,982.00 Benefits @ 1.56% 20.608 $2,600.00 Traffic Enforcement 20.600 $27,236.00 Distracted Driving 20.600 $12,378.00 Motorcycle Safety 20.600 $7,088.00 Night-time Click It Or Ticket 20.600 $1,652.00 Pedestrian and Bicycle Enforcement 20.600 $14,176.00 Traffic Safety Education 20.600 $992.00 Benefits @ 1.56% 20.600 $991.00 SFST /ARIDE/DRE Instruction 20.616 $11,245.00 Benefits @ 1.56% 20.616 $175.00 Part -Time $0.00 Category Sub -Total $245,193.00 B. TRAVEL EXPENSES In State Travel 20.600 $3,067.00 $0.00 Category Sub -Total $3,067.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 20.608 $5,740.00 Category Sub -Total $5,740.00 F. INDIRECT COSTS $0.00 7/26/2017 3:09:48 PM Page 8 of 15 Category Sub -Total $0.00 GRANT TOTAL $254,000.00 7/26/2017 3:09:48 PM Page 9 of 15 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B -1 GRANT NUMBER PT18107 BUDGET NARRATIVE PERSONNEL COSTS QUANTITY DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by 10 appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by 11 appropriate department personnel. Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by 2 appropriate department personnel. Benefits @ 1.56% - Overtime Benefits 1 Unemployment Insurance 0.11 % Medicare 1.45% Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate 22 department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate 6 department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate 4 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 8 conducted by appropriate department personnel. Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns 2 conducted by appropriate department personnel. Benefits @ 1.56% - Overtime Benefits 1 Unemployment Insurance 0.11 % Medicare 1.45% SFST /ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by 1 appropriate department personnel. Benefits @ 1.56% - Overtime Benefits 1 Unemployment Insurance 0.11 % Medicare 1.45% TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events 1 supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Schedule B -1 (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. 7/26/2017 3:09:48 PM Page 10 of 15 CONTRACTUAL SERVICES EQUIPMENT OTHER DIRECT COSTS DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may 1 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 canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. INDIRECT COSTS STATEMENTS/DISCLAIMERS 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 ob' ectives. 7/26/2017 3:09:48 PM Page 11 of 15 State of California – Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT18107 Exhibit A CERTIFICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency 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. Chapter 4— Highway Safety 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 1200— Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100 -259), which requires Federal -aid recipients and all sub - recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases 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. Clear justification for the purchase of non- domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCHACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 7/26/2017 3:09:48 PM Page 12 of 15 CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDINGDEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to fizrnish 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 Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who 7/26/2017 3:09:48 PM Page 13 of 15 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 Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 1. The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b. Have not within a three -year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 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 and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement 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 terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement 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 7/26/2017 3:09:48 PM Page 14 of 15 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 grant agreement that it will include the clause titled "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. (See below) 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 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. 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 and/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 grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction 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 grant agreement. 7/26/2017 3:09:48 PM Page 15 of 15 CITY COUNCIL MINUTES SEPTEMBER 12, 2017 3. CONSENT CALENDAR (Continued) 3.11 Fiscal Year 2017 -2018 (FY18) CIP Amendment for addition of a BioClean Hydrodynamic Separator Unit and Connector Pipe Screens. (T2200.0) ACTION: 1) Accepted into the City's revenue budget a $300,000 grant from OCTA, into revenue account number 550.5022.45495.30098, Capital Projects — Grant Revenue; 2) Authorized the appropriation of $300,000 into expenditure account number 550.5022.56330.30098, Capital Projects - Installation of BioClean Unit on Orangewood Avenue; 3) Authorized the appropriation of $75,000 from the Sanitation and Sewer unreserved fund balance to expenditure account number 220.5022.56330.30098, Sanitation and Sewer — Installation of BioClean Unit on Orangewood Avenue; and 4) Authorized amendment of the FY 2017 -18 CIP to include Orangewood Avenue BioClean Unit and Connector Pipe Screens Installation Project. 3.12 Grant #PT18107 from the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program for Federal Fiscal Year 2018. (A2100.0; AGR -6517) ACTION: 1) Approved agreement with the State of California OTS for the grant and authorized the City Manager to execute the agreement on behalf of the City; and 2) Accepted into the City's revenue budget a $254,000 grant from the California OTS into revenue account number 100.4041.45290.30097, General Fund- FY18 OTS Selective Enforcement Program; and 3) Authorized the appropriation of $254,000 into the following Traffic Program expenditure accounts: 100.4041.50221.30097 Overtime — Safety OTS Grant 17 -18 $225,231 100.4041.50222.30097 Overtime — Miscellaneous OTS Grant 17 -18 19,962 100.4041.51830.30097 Overnight Training OTS Grant 17 -18 3,067 100.4041.55131.30097 Equipment OTS Grant 17 -18 5,740 Total $254,000 3.13 CLAIMS (C3200.0) The following claim(s) have been received and investigated by the City Attorney's Office and /or the Risk Manager. After a thorough investigation with the involved departments, it is the recommendation of the City Attorney's Office that the claim(s) be denied. a. Olga Torres b. Samantha Galuppo c. Michael Stern d. Elva Ruacho e. Souzan Ayoub f. Creative Home dba CHI Construction g. Irene Aguilar ACTION: Denied Claim(s) for damages and referred to City Attorney and Claims Adjuster. PAGE 6