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04. Accept Selective Traffic Enforcement Program Grant
TO* HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: CARL D. CHARLES, CHIEF OF POLICE 60q -- DATE- OCTOBER 23, 2018 SUBJECT: SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) RECOMMENDATION ff�T_WITIJ; I ki &I lei The State of California - office of Traffic Safety (OTS) funds selective traffic enforcement programs throughout California. The goal is to reduce the number of victims killed and injured in crashes involving alcohol and other primary collision factors. OTS awards grants on a competitive basis using several criteria including performance on previous grants, the number of alcohol -involved fatalities and injuries, and the value of the funding requested. Highly publicized DUl/DL Checkpoints during the National Highway Traffic Safety Administration (NHTSA)- specified Winter and Summer Mobilization periods are a priority for OTS and NHTSA along with participation in the National Distracted Driving Awareness Month in April and the NHTSA Click it or Ticket mobilization period in May. : 11 Reduce the number of persons killed in traffic collisions. Reduce the number of persons injured in traffic collisions. Reduce the number of persons killed in alcohol -involved collisions. Reduce the number of persons injured in alcohol -involved collisions. Reduce the number of persons killed in drug -involved collisions. Reduce the number of persons injured in drug -involved collisions. Reduce the number of persons killed in alcohol/drug combo -involved collisions, Reduce the number of persons injured in alcohol/drug combo -involved collisions. • Reduce the number of motorcyclists killed in traffic collisions. • Reduce the number of motorcyclists injured in traffic collisions. • Reduce hit & run fatal collisions. • Reduce hit & run injury collisions. • Reduce nighttime (9 p.m. — 2:59 a.m.) fatal collisions. Reduce nighttime (9 p.m. — 2:59 a.m.) injury collisions. Reduce the number of bicyclists killed in traffic collisions. TPfAFFIG EITF4RCEFTEAT_PRf_1G.WAI11 (STEP) OCTOBER 23, 2018 Reduce the number of bicyclists injured in »_«««»§»«»< Reduce © number of pedestrians killed in traffic collisions Reduce the number of pedestrians injured in traffic collisions. • DUI/DL Checkpoints - $36,000 • DUI Saturatio\<a$108262 • Traffic Enforcement Operations = $255920 • Distracted Driving Operations z«« 2■! • Motorcycle Safety Enforcement = $8,640 Night-time Click ««r« ®=V �440 Bicycle and Pedestrian Operations = $931450 Travel expenses, In -State, for training © $3,270 DUI Checkpoint Supplies - $3j338 PAS Device/Calibration Supplies = $21400 Fiscal Responsibility °©©«»f Adaptability Quality of Life, Neighborhood & infrastructure Public Engagement [a ;+,I* I * ' � ATTACHMENT Fall -713". N State of California — Office of Traffic Safety GRA\T Nu.%iuiz GRANT AGREEMENT PT19026 1. G:1:ZANT TITLE "T - Traffic �f��n 1v e Selective E n orceme I' A Selective Enforcement 111roL, ram (STE[) L "1 .0 2. NANlEot;AGENCY 1 3. Grant Period Downey From: 10/01/2018 Downey Police Department i To: 09/30/2019 ............ S. 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 150CLISing 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 IlUrnber of bicycle and pedestrian collisions, and educational programs. These strategies are designed to earn inedia attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This��xreementShall Shall Exceed: S00,000.00 7. TERNIS 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- I — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual *lterns 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 )ionic web page under Grants: www.ot&.ca.L,o v. , 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 A_oreenient has been executed by, theparties hereto. 8. Approval Signatures A. GRAN*rDwicroR B. Au nioRIZING OFFICIAL OF AGENCY NA.\,ii--: Dean Milligan P1I0Ni--: 562-904-232 1 NAME: Carl Charles PHONE: 562-904-2300 -I'00 Ti rir 90 ': Captain FAX: 562-904-2384 Trn,i_: ChiC1,01,110lice FAX: (562) 9104-23419 ADDRESS: 10911 Brookshire Ave, ADDRESS: It)')] I Brookshire Ave. CA 90241 F'N dinilli), Oe� (Si),rlullury (Date') 01 1111re) 4z ea) C. FisCALmA(vou ng WFICA1 D. AuIORIZING OFFICIAL 01: OFFICE or TRAFFIC SAFETY NANIE: Anil Gandhy 11iioP.i:: 562-904-7265 NAME: Rhonda L. Crall PHONE: (916) 509-3030 Director ollinat FA.N: 562-904-7270 Trri i:- Director FAN: (916) 509-3055 ADDRESS: I I I I I Brookshire Avc. ADDRESS: 2208 K,ausen Drive. Suite 300 Downey, CA 90241 Elk Grove, CA 95758 Broil.: ig.iiidliNl@do%viicyci.orgE\�i,w.: rhon I da.craI1@ots.ca.go%, t ( I ev), ev (SS nalure) (Dale) (Signall1re) (Date) E. ACCOUNTING OFFICI--ItOI;OFFICI.--.OFTIZAI:I:IC SAFETY 9. DUNS INFORNIATION NANIE: Ck1r0l)'WI VU DUNS #: 067790386 ADDIUEss: 2208 Kakisen Drive, Suite 300 RI:GIS'rt,'1Iu.-'D ADDRESS: I I I I I Brookshire Ave Elk Grove. CA 95758 Cl rY:Downcy ZIII+4:9024 1-3 8 1 7 9/14/2018 10:36:43 AM Page I of 15 i 10. PROJECTED EXPENDITURES ITEM/APPROPRIATION PROJECTED EXPENDITURES 0521-0890-101 $150,000.001 0521-0890-101 150,000.01411 AGREEMENT 1TOTAL $300,000.0(r AMOUNT ENCUMBERED BY THIS DOCUMENT $300,000.00 I CERTIPT upon my own personal knowledge that the budgetedjundsfor the current budget year are avallablefor the period andpurpose qf1he PRIOR AMOUNT ENCUMBERED FOR THIS expenditure stated above. AGREEMEN $0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED -- - — ------- $300,000.00 9/14/2018 10:16:43 AM Page 2 of 15 9/14/2018 10:36:43 AM Page 6 of 15 State of Calffornis – orrice or Traffic Sarety GRANT NUMBER GRANTAGREEMENT T PERSONNEL COSTS Schedule B 77 Positions and Salaries PT19026 ----------- FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTALAMOUNT ---- — --------- (CFDA) 11111111111 402PT- 19 20.600 State and Community Highway $150,000.00 $36,000.00 Saturation Patrols Safety 11, 164 AL- 19 20.608 Minimum Penalties for Repeat $150,000.00 Offenders for Driving it N Intoxicated COST CATEGORY TOTAL COST T PERSONNEL COSTS 77 Positions and Salaries Full-Timl ---- — --------- 11111111111 INNANIM 111•11l � N. $36,000.00 Saturation Patrols 11, I ELVA 1541 ToTtl6m N Pedestrian and Bicycle Enforcement Category Sub -Total 64 it x,.TRA �EL 1��XF�ENSEI_ �V In State Travel Category Sub -Total C. CONT ICTUAL SERVICE$ '151FIFIN .. ... ... $0.00 i. E. OTHER DIRFCT COSTS 0im tit es PAS Dev'ce/Calibration �up#lies Category Sub -Total IF-. INDIRECT COSTS J Category Sub -Total ot $0, 00 GRANT TOTAL $300,000.00 9/14/2018 10:36:43 AM Page 7 of 15 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT Schedule -1 ,,,-,",.,,BUDGET PERSONNEL i r DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. i Pedestrian and Aic-ycie- Enforcement - Overtime for grant funded law enforcement operations conducted ♦ appropriate department personnel. EQUIPMENT I OTHER DIRECT COSTS DUI !i ai #n -scene supplies needed to conduct.a f.Costs include: i D compliant traffic signs, MUTCDcompliant traffic(maximum of 10), . banners,# 1y devicei♦Ii ♦ a1. # = i'; canopies.Additional . be purchased l approved by OTS. The cost. food and beverages will not be Y.: i. PAS Device/Calibration Supplies preliminary# device# detect the presence of m,lcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth Diece INDIRECT COSTS STATEMENTs/DiSCLAIMERS Program Income default statement: There will be no progincome generated from this grant.- / ! 10:36:43 AM Page 8 of 15 Enforcement Grant Quota Disclaimer: ♦ 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 M. and objectives here under. 9/14/2018 10:36:43 AM Page 9 of 15 State of California – OMce of TraMc Safety GRANT NUMBER GRANTAGREEMENT PT19026 Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS f23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59, As AmENDED) 1ore to comply w4h 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. � AlwAgrii i i T_ V, �Wlq 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: 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 Govemments - 23 CFR Part 1300 --Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION 1#1 #4IF I V1 im a I Iti I I M 11111461 tit III I F I EMN 2 -74 Mn I Z # 4= N 1 An 1 #7*7111 JIM]l I M174 mi U♦N I I I I I fflm�•.� Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat.(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); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination the basis of disability) and 49 CFR is 4 The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); i 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 Disabties Act (42 U.S.C. 12131-12189) (prohibits discrimination on the is 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; 9/14/2018 10*36:43 AM Page 10 of 15 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Lo I w Income Populations (prevents discrimination against minority populations by discouraging programs, policie and activities with disproportionately high and adverse human health or environmental effects on minority a low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin d iscrimi nation/di scri m i nation 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 Federal ly-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 • 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 •#I 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 seekjudicial enforcement with regard to any matter arisill under these Non -Discrimination Authorities and this Assurance; "Durinp AUX AR_ , . the verformance of this contract/fu - ' 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 no discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; i c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety • 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 contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding # ' I I a ' ' a . . III• N * 'I' Lwt I I ltgj I I I# Its v4#1 . 01glis) I I I-4L.11galt lle,1*1414) a I I I llt I I til ut�lj #114tim 11MLY1 111JUW10 I I nol' It ; 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. 9/14/2018 10:36:43 AM Page I I of 15 POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), is limits the political activities of employees whose principal employment activities are funded in whole or in pail 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: -r67,117dWC1 I q L"%-VJFftA7rK0 am +1 im-cr,11F ompit3vc +1 tiny a6c"CY, a cbb, all 4,11WO 0111 cmployee 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 ,1-greement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 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, `Ii loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbyingin 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. entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 3 1, U.S. Code. Any person who fails to file the required certification shall be subject to is civil penalty of not less than $ 10,000 and not more than i. 00,000 for each such failure. W U 1W 1IT11 Instructions for Primary Tier Participant Certification (States) rim out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 9114/2018 10-36:43 AM Page 12 of 15 (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; not freseaL�Li indicted for or otherwise criminallN or civilly, charged bj; a -governmental enti.VktEAL4y&V_trvP_ or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certcation; 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. a - I 11�1111 11��111 111: 11��vjjiijii ;� 11111 iiiiiiijillillillilliill�illilli�ll�11!111 !, 1111 11�,1�111 llfffiffWy.�61 P to MO Lill I NOW I 1 &201 Kai 11614; 1� Instructions for Lower Tier Participant Certification 19 'T6 4 k F "'QW, '", Ar J�� 9-0 Awig" [Og-jurar-julit-jum. N 11 # WAIGIOLYORNIvil =t-OrAnt, 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is ouk fft�M 14-,2�ay.y4:wio� pm� wcv-&-T d3-V�1111il'U-4 or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civiijudgment, debarment, suspension, ineligible, participant, person, principal, afj 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. I , r 4 1_ # "Mir transaction originated. -M-STrUMU-n-s-for Lower I ier raniciparit Cerbricalion- including the "Certification RegardingSebarment, zsuspension, 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. 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 thunsWwww4am4�W). I 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 if,% ka--&it re-Amirel a exceel that which is airmally 11 "i Yy a Iryterst 7--n4in ill the lrtinwy C�tyrsa of business dealings. 9/14/2018 10:36:43 AM Page 14 of 15 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowinviv enters into a lower tier covered transactio?, , .' I . - IMIRM pursue available remedies, including suspension or debarment. Wl TY07 Covered Transac'VoTs: 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 I I - vim 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 availaYle 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. MTTTSNE�J - - 1111 1 — I IT' 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 944*.- , X sx NeZ-1fVA&yV 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 Yrofiling." 9/14/2018 10:36:43 AM Page 15 of 15