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HomeMy WebLinkAbout2016 CON California Office of Traffic Safety - Selective Traffic Enforcement Program Grant 2017NOTE TO FILE 07-16-2019 IN THE MATTER OF: The 2016 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) 2017 Grant Agreement. Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. ORIGINATING DEPARTMENT: NTF CDC _ Housing & Economic Development City Attorney _ Human Resources City Manager MIS Community Svcs. _ Planning Eng/PW X Police Finance Fire CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Cao\5-56 MEETING DATE: 11/1/2016 AGENDA ITEM NO 7 ITEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2017 to conduct DUI and traffic related enforcement operations for the Police Department; 2) authorizing the Chief of Police to execute the Agreement of the award of the grant funds; and 3) authorizing the establishment of fund appropriations and a corresponding revenue budget. PREPARED BY: Jeffrey Meeks, Sergeant DEPARTMENT: Police PHONE: (619) 336-4446 APPROVED EXPLANATION: On June 2nd, 2016 the National City Police Department was approved to receive $70,000 in grant funds from the Office of Traffic Safety (OTS). The grant was approved for a one year period beginning October 1st, 2016. This award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol involved collisions; to reduce fatal and injury hit1d run collisions; to reduce the amount of motorcyclists killed or injured; and to reduce fatal and injury collisions at intersections, where unsafe turning movements and unsafe speeds were a factor. The grant funds allocated to accomplish these goals will be used to fund overtime operations such as DUI/DL Checkpoints, DUI saturation patrols, and enforcement operations regarding speed, red light violators, distracted drivers and motorcycle safety enforcement within the city limits of the City of National City. There is also funding allowing for Traffic Safety presentations and purchase of learning materials. FINANCIAL STATEMENT. ACCOUNT NO 290-11658-3498 (Other Federal Grants) $70,000 290-411-658-1" (Overtime & related accounts) $70,000 No matching funds required. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: L. FINAL ADOPTION: APPROVED: `y!', X Finance APPROVED: MIS STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: OTS Agreement •tk,sowt\osri No. a0%6-‘69 State of California — Office of Traffic Safety GRANT AGREEMENT - Page 1 OTS-38 (Rev.4/IS) GRANT NUMBER PT1779 I. GRANT TITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) 2. NAME OF AGENCY CITY OF NATIONAL CITY 4. GRANT PERIOD From: 10/1/16 To: 9/30/17 3. AGENCY UNIT TO ADMINISTER GRANT NATIONAL CITY POLICE 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. The funded strategies may include enforcement operations focusing on impaired driving, distracted driving, nighttime seat belt use, motorcycle safety, and pedestrian and bicycle safety. Operations are conducted in areas with disproportionate numbers of traffic collisions. Other funded strategies may include public awareness, educational programs and training for law enforcement. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 70,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the reference made a part of the Agreement: • Schedule A (OTS-38b) — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B (O I'S-38d) — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 (OTS-38f) — Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk (*), are hereby incorporated by reference These documents can be viewed at the OTS home web page under We, the officials named below, hereby swear under penalty of perjury authorized to legally bind the Grant recipient to the above described IN WITNESS WHEREOF, this Agreement has been executed by terms and conditions of the • Exhibit A —Certifications • Exhibit B* - OTS Grant and made a part of this agreement Grants: www.ots.ca.gov. following which are by this and Assurances Program Manual as if attached hereto. of California that we are duly under the laws of the State Grant terms and conditions. the parties hereto. 8. APPROVAL SIGNATURES A. GRAN' DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Jeffrey Meeks PHONE: (619) 336-4446 NAME: Manuel Rodriguez PHONE (619) 336-4510 TITLE: Sergeant FAX: (619) 336-4454 Tau:Chief of Police FAX: (619) 336-4525 ADDRESS: 1200 National City Blvd ADDRESS: 1200 National City Boulevard National City, Ca 91950 National City, CA 91950 E-MAIL: jmeeks@national tyca.gov E-MAIL: mrod ' tez@,nationalcityca.gov cg'2` /( ,-, e-3/-/L Signature) (Dale) C. FISCAL OR ACCOUNTING OFFICIAL NAME: Arnold Ocana PHONE: (619) 336-4342 TITLE: Senior Accountant FAx: (619) 336-4597 ADDRESS: 1243 National City Boulevard National City, CA 91950 E-MAIL: aoca aC ' cityca.gov 1 9 I // �j Signature) (Date) D. OFFICE AUTHORI7ED To RECEIVE PAYMENTS NAME: Finance Department, City of National ADDRESS: 1243 National City Boulevard National City, CA 91950 9. DUNS NUMBER DUNS #: 072494073 REGISTERED 1243 National City Blvd ADDRESS &ZIP: National City, CA 919501-4301 Signature) (Date) l Page 2 (Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/1/2016 GRANTEE CITY OF NATIONAL CITY GRANT NO. PT1779 10. Fin Action No. 1 Date: 8/26/2016 Revision No. Date: 12. TYPE OF AGREEMENT Initial X I Revision Cont. PAID MEDIA PROGRAM INCOME TASK NO F.F.Y. 2 2017 11. Action Taken Initial approval of 2017 HSP funds obligated. 13. FUNDING DISPOSITION & STATUS Fiscal Year Amoun 2016-17 70,000.00 2015-16 2014-15 2013-14 Obligated This Action Previously Obligated Total Amount Obligated Total 70,000.00 TOTAL FUNDS PROGRAMMED 70,000.00 0.00 70,000.00 70,000.00 14. FUNDING DETAIL - FISCAL YEAR GRANT PERIOD ENDING: 9/30/2017 FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL 20.608 0521-0890-101 (10/15) 2015 10/15 2015 5 15,000.00 402PT 20.600 0521-0890-101 (10/15) 2015 10/15 2015 $ 20,000.00 164AL 20.608 0521-0890-101 (23/16) 2016 23/16 2016 $ 15,000.00 402PT 20.600 0521-0890-101 (23/16) 2016 23/16 2016 S 20,000.00 - - - - - $ - - S - - - - - - - S - - - - $ TOTAL FEDERAL FUNDS: $ 70,000.00 15. GRANT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT & FUNDING AUTHORIZED BY NAME: ADRIENNE TACKLEY TITLE: Program Coordinator PHONE: (916) 509-3013 E-MAIL: adrienne.tackley@ots.ca.gov Office of Traffic Safety 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 Signature NAME: RHONDA L. CRAFT TITLE: Director Office of Traffic Safety —�jn Drive, Suite 300 �l A 95758—T Signature OTS-38a' (Rev. 01/16) 2_ GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 1 1. PROBLEM STATEMENT The National City Police Department has seen a dramatic increase in DUI related arrests. In 2013 there were 166 DUI related arrests. In 2014 the arrest rate rose to 209, an increase of 26%. I believe this is a direct correlation to the additional resources put on the street to enforce DUI laws. The resources include the DUI Checkpoints as well as the DUI saturation patrol. The OTS grant enabled the National City Police Depart to put additional officers on the street to combat the problem of DUI drivers. This resulted in the additional arrests of DUI drivers and enhanced the safety of the community. Since the OTS Grant PT1560 began in October 2014, officers from the National City Police Department have made over 22 DUI arrests during the roving DUI patrols as well as checkpoints. In addition the OTS grant targeting `Primary Collision Factors' or PCF as well as the Distracted Driver enforcement has led to a drastic decrease in collisions. Total collisions in 2013 were 367 and reduced to 301, an 18% decrease. I also believe this is in direct correlation to increased traffic enforcement as allowed by the OTS grant in order to place more police officers on the street looking for drivers who are distracted and driving negligent. It should be noted there were an additional 14 DUI arrest by officers conducting `PCF' enforcement. According the National City Police Department's Crime Analysis Unit there were 203 injury collisions in 2014 with 305 people being injured during those collisions. There were also three fatality collisions in 2014. Of the 203 injury collisions, 20 of the injury collisions were a result of DUI being the primary collision factor. This is 9.8% of the injury collisions were a result of DUI, which shows the need for increased DUI enforcement. This is increase of 1.2% increase from 2013. A. Traffic Data Summary: Collision Type 2013 2014 2015 Collisions Victims Collisions Victims Collisions Victims Fatal 2 2 3 4 0 0 Injury 254 266 203 305 52 64 Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol - Involved 0 5 0 5 0 5 0 5 0 7 0 7 Hit&Run 1 18 1 18 1 18 1 18 0 10 0 32 Nighttime (2100-0259 hours) 0 22 0 29 0 22 0 29 0 3 0 3 Top 3 Primary Collision Factors Fatal Injury Killed Injured #1 - Turning Movements 0 21 0 32 #2 - Violations of Speeding Laws 0 21 0 35 #3 - DUI 1 19 2 27 OTS-38b (Rev. 4/16) 3 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 2 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 persons killed in alcohol -involved collisions. 4) Reduce the number of persons injured in alcohol -involved collisions. 5) Reduce the number of persons killed in drug -involved collisions. 6) Reduce the number of persons injured in drug -involved collisions. 7) Reduce the number of persons killed in alcohol/drug combo -involved collisions. 8) Reduce the number of persons injured in alcoholldrug combo -involved collisions. 9) Reduce the number of motorcyclists killed in traffic collisions. 10) Reduce the number of motorcyclists injured in traffic collisions. 11) Reduce hit & run fatal collisions. 12) Reduce hit & run injury collisions. 13) Reduce nighttime (2100 - 0259 hours) fatal collisions. 14) Reduce nighttime (2100 - 0259 hours) injury collisions. 15) Reduce the number of bicyclists killed in traffic collisions. 16) Reduce the number of bicyclists injured in traffic collisions. 17) Reduce the number of pedestrians killed in traffic collisions. 18) Reduce the number of pedestrians injured in traffic collisions. B. Objectives: 1) 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 OTS-38b (Rev. 4/16) 4 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 3 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 in the following campaigns: • National Walk to School Day — October 5, 2016 National Teen Driver Safety Week — October 16-22, 2016 • NHTSA Winter Mobilization — December 16, 2016 to January 1, 2017 • National Distracted Driving Awareness Month — April 2017 • National Bicycle Safety Month — May 2017 • National Motorcycle Safety Month — May 2017 • National Click It or Ticket Mobilization — May 17-20, 2017 • NHTSA Summer Mobilization — August 19, 2017 to September 6, 2017 National Child Passenger Safety Week — September 17-23, 2017 California's Pedestrian Safety Month — September 2017 3) Develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol and 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 2 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hour) POST -certified training. 5) Send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST -certified training. 6) Send 1 law enforcement personnel to the Drug Recognition Expert (DRE) training. 7) Conduct 2 DUI/DL Checkpoints. Note: A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the NHTSA 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 operation. 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 checkpoint operations should read "DU1/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS,fund checkpoint operations that begin prior to 1800 hours. 8) Conduct 37 DUI Saturation Patrol operation(s). 9) Conduct 50 Traffic enforcement operation(s), including but not limited to, primary collision factor violations. OTS-38b (Rev. 4/16) 5 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 4 10) Conduct 25 Distracted Driving enforcement operations) targeting drivers using hand held cell phones and texting. 11) Conduct 4 highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about motorcycle safety issues. 12) Conduct 4 highly publicized Pedestrian and Bicycle enforcement operation(s) in areas of or during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about pedestrian and bicycle safety issues. 13) Conduct 4 Traffic Safety educational presentations with an effort to reach 100 community members. Note: Presentations may include topics such as distracted driving DUI, speed, pedestrian and bicycle safety, seatbelts and child passenger safety. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. 3. METHOD OF PROCEDURE A. Phase 1- Program Preparation, Training and Implementation (lit Quarter of Grant Year) • The department should develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training should be conducted this quarter. • All grant -related purchases 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. OTS-38b (Rev. 4/16) co GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT NO. PT1779 PAGE 5 B. Phase 2 - Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Submit all grant -related activity press releases. media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio(diots.ca.gov, with a copy to your OTS Coordinator. a) 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. b) 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. c) Activities such as warrant service operations 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 pioAots.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 specifics. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. OTS-38b (Rev. 4/16) 7 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 6 • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. • Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 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. S. ADMINISTRATIVE SUPPORT This program has full support of the City of National City. Every effort will be made to continue the activities after the grant conclusion. OTS-38b (Rev. 4/16) NATIONAL CITY POLICE SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT1779 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164 AL 20.608 MINIMUM PENALTIES FOR REPEAT _ $ 30,000.00 OFFENDERS FOR DRIVING WHILE INTOXICATED 402 PT 20.600 STATE AND COMMUNITY HIGHWAY SAFETY $ 40,000.00 COST CATEGORY FISCAL YEAR ESTIMATES 10/1/16 thru 9/30/17 TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY-1 Overtime 20.608 20.608 20.608 20.600 20.600 20.600 20.600 20.600 20.600 $ 12,000.00 $ 15,000.00 $ 3,000.00 $ 21,100.00 $ 9,000.00 $ 1,400.00 $ 1,400.00 $ 1,000.00 $ 3,800.00 $ 12,000.00 $ 15,000.00 $ 3,000.00 $ 21,100.00 $ 9,000.00 $ 1,400.00 $ 1,400.00 $ 1,000.00 $ 3,800.00 DUI Checkpoints DUI Saturation Patrols Benefits @ 11.18% Traffic Enforcement Operations Distracted Driving Operations Motorcycle Safety Enforcement Operations Bicycle/Pedestrian Enforcement Operations Traffic Safety Educational Presentations Benefits @ 11.18% Category Sub -Total $ 67,700.00 $ 67,700.00 B. TRAVEL EXPENSE In -State Out -of -State 20.600 $ 2,000.00 $ - $ 2,000.00 $ - CateEorry Sub -Total $ 2,000.00, $ 2,000.00 C. CONTRACTUAL SERVICES None $ - $ - Category Sub -Total $ - $ - D. EQUIPMENT None $ - $ - Category Sub -Total $ - _ _ $ - E. OTHER DIRECT COSTS Educational Materials 20.600 $ 300.00 $ 300.00 Category Sub -Total $ 300.00 $ 300.00 F. INDIRECT COSTS None $ - $ - Category Sub -Total $ - $ - GRANT TOTAL $ 70,000.00 $ 70,000.00 OTS-38d (Rev. 4/16) SCHEDULE B-1 NATIONAL CITY POLICE GRANT No. PT1779 BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $32.00/hour to $ 81.00/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Overtime Benefit Rates Medicare 1.45% Workers Compensation 9.73% 11.18% TOTAL BENEFIT RATE TRAVEL EXPENSE In -State Costs are included for appropriate staff to attend conferences and training events 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. Out -Of -State None CONTRACTUAL SERVICES None EQUIPMENT None OTHER DIRECT COSTS Educational Materials — costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS-38f (Rev. 4/16) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 1 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.Q. 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; (j) 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. Certifications and Assurances (Rev. 5/16) 11 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), 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 (HATCH ACT) 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. 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. Certifications and Assurances (Rev. 5/16) I2- EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 3 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 REGARDING DEBARMENT 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 furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the 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 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. Certifications and Assurances (Rev. 5/16) 13 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 4 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. Certifications and Assurances (Rev. 5/16) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 5 Instructions for Lower Tier Certification I . 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 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. Fs+rh 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. Certifications and Assurances (Rev. 5/16) 15 EXHIBIT A CERTIFICATIONS AND ASSURANCES 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered Page 6 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: I. 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. Certifications and Assurances (Rev. 5/16) RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD IN THE AMOUNT OF $70,000 FROM THE OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT 2017 FOR THE POLICE DEPARTMENT TO CONDUCT DUI AND TRAFFIC RELATED ENFORCEMENT OPERATIONS, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT OF THE AWARD OF THE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS, on June 2, 2016, the National City Police Department was approved to receive $70,000 in Selective Traffic Enforcement Program ("STEP") Grant funds from the Office of Traffic Safety ("OTS"), which was approved for a one-year period beginning October 1, 2016; and WHEREAS, the grant award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol involved collisions, to reduce fatal and injury hit and run collisions, to reduce the amount of motorcyclists killed or injured, and to reduce fatal and injury collisions at intersections where unsafe turning movements and unsafe speeds were a factor; and WHEREAS, the grant funds allocated to accomplish these goals will be used to fund overtime operations, such as DUI/DL Checkpoints, DUI saturation patrols; enforcement operations regarding speed, red light violators, distracted drivers and motorcycle safety enforcement within the city limits of the City of National City, and to fund Traffic Safety presentations and the purchase of learning materials. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety ("OTS") for the Selective Traffic Enforcement Program ("STEP") grant 2017 to conduct DUI and traffic related enforcement operations for the Police Department. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute the Grant Agreement for the award of the grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget in the amount of $70,000. PASSED and ADOPTED this 1st day of November, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III Interim City Attorney RESOLUTION NO. 2016 — 169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD IN THE AMOUNT OF $70,000 FROM THE OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT 2017 FOR THE POLICE DEPARTMENT TO CONDUCT DUI AND TRAFFIC RELATED ENFORCEMENT OPERATIONS, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT OF THE AWARD OF THE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS, on June 2, 2016, the National City Police Department was approved to receive $70,000 in Selective Traffic Enforcement Program ("STEP") Grant funds from the Office of Traffic Safety ("OTS"), which was approved for a one-year period beginning October 1, 2016; and WHEREAS, the grant award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol involved collisions, to reduce fatal and injury hit and run collisions, to reduce the amount of motorcyclists killed or injured, and to reduce fatal and injury collisions at intersections where unsafe turning movements and unsafe speeds were a factor; and WHEREAS, the grant funds allocated to accomplish these goals will be used to fund overtime operations, such as DUI/DL Checkpoints, DUI saturation patrols; enforcement operations regarding speed, red light violators, distracted drivers and motorcycle safety enforcement within the city limits of the City of National City, and to fund Traffic Safety presentations and the purchase of learning materials. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety ("OTS") for the Selective Traffic Enforcement Program ("STEP") grant 2017 to conduct DUI and traffic related enforcement operations for the Police Department. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute the Grant Agreement for the award of the grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget in the amount of $70,000. PASSED and ADOPTED this 15t day of Novemb ATTEST: Mic ael R. Dalla, ity Clerk rrison, Mayor APPROVED AS TO FORM: George H. E ser, Ill Interim City Attorney Passed and adopted by the Council of the City of National City, California, on November 1, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ijI%City CIrk of the City nal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-169 of the City of National City, California, passed and adopted by the Council of said City on November 1, 2016. City Clerk of the City of National City, California By: Deputy