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Home My WebLink AboutC-5601 - Grant Agreement - Selective Traffic Enforcement Program (PT1409)State of California — Office of Traffic Saf-+v GRANT AGREEMENT - Page 1 OTS -38 (Rev. 6/13) GRANT NUMBER PT1409 1. GRANT TITLE Selective Traffic Enforcement Program 2. NAME OF APPLICANT AGENCY City of Newport Beach 4. GRANT PERIOD From: 10/1/13 3. AGENCY UNIT TO HANDLE GRANT Newport Beach Police Department To: 9/30/14 5. GRANT DESCRIPTION To reduce the number of persons killed and injured in crashes involving alcohol, speed, red light running, and other primary collision factors, "best practice" strategies will be conducted on an overtime basis. The funded strategies may include: DUI saturation patrols to apprehend drunk drivers; warrant service operations targeting DUI violators who failed to appear in court or violate probation; stakeouts, a "HOT Sheet" pr•ogr•am and court stings. The program may also concentrate on speed, aggressive driving, seat belt enforcement, intersection operations with disproportionate numbers of traffic crashes and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn rnedia attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SIIALL NOT EXCEED: $ 282,910.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A (OTS -38b) — Problem Statement, Goals and • Schedule C (OTS -38g) — Quarterly Evaluation Data Form Objectives and Method of Procedure (if applicable) • Schedule B (OTS -38d) — Detailed Budget Estimate and • Exhibit A —Certifications. and. Assurances Sub -Budget Estimate (if applicable) • Exhibit B* - OTS Grant Program Manual • Schedule B-1 (OTS -38f) — Budget Narrative and Sub - Budget Narrative (if applicable) *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.sov. 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. GRANT DIRECTOR B. AUTHORIZING OFFICIAI. OF APPLICANT AGENCY NAME: Jeffrey Lu PHONE: (949)644-3740 NAME: Jay Johnson PHONE: (949)644-3701 TITLE: Lieutenant FAX: (949)718-1044 TITLE: Chief of Police FAX: (949)644-3700 ADDRESS: 870 Santa Barbara Drive ADDRESS: 870 Santa Barbara Drive Newport Beach, CA 92660 Newport Beach, CA 92660 E-MAIL: jlu@nbpd.org E -MV .. Jj hnson bpd.org j Signa re) (Date) ignature) (Date) �i C. FISCAL, OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAJIE: Dan Matusiewicz PHONE: (949)644-3 123 NAIME: Fiscal Services TITLE: Finance Director FAX: (949)644-3339 ADDRESS: 870 Santa Barbara Drive ADDRESS: 100 Civic Center Drive Newport Beach, CA 92660 Newport Beach, CA 92660 9. DUNS NUMBER E -MI AIL. atusiewic newpoitbeachca.gov DUNS 4: 060752482 REGISTERED 3300 Newport Blvd. j a3" ADDRESS & Newport Beach, CA 92663-3816 (Signature) . (Date) ZIP: p I`J GME — STEP (Overtime) SCHEDULEA GaarTNo. PT1409 GRANT DESCRIPTION PAGE 1 PROBLEM STATEMENT In 2011, California's traffic fatalities increased 2.6 percent (2,720 vs. 2,791) -- still one of the lowest levels since the federal government began recording traffic fatalities in 1975. California 2011 Mileage Death Rate (MDR) — fatalities per 100 million miles traveled - is 0.87, and marks the third time California has been below 1.0. California is much better than the national I.I I MDR. Fatality rates increased 3 percent from 2010 to 2011, and are projected to increase an additional 3 percent in 2012. Alcohol -impaired driving fatalities (fatalities in crashes involving a driver or motorcycle rider (operator) with a blood alcohol concentration (BAC) of 0.08 grams per deciliter (g dL) or greater) matches our historic low of 774 in 2010 and 2011. The 774 .figure is the lowest DUI death total ever. As a percent of total fatalities, alcohol - impaired fatalities decreased from 29 percent in 2010 to 28 percent in 2011. This number has remained virtually unchanged in the past five years and DUI arrests have dropped in 2011 to 180,212 as compared to 195,897 in 2010. The 2011 DUI arrest figure represents the lowest DUI arrests since 2002. For the second year in row, OTS commissioned an observational survey of cell phone use by drivers within the state, looking for hand-held and hands-free talking as well as texting and other use of mobile devices while driving. The overall rate was 10.8 percent of drivers on the road using cell phones at any given daylight time, up from 73 percent in 2011. Although observed cell phone use increases were seen across all age groups, 16 to 25 year olds showed a dramatic rise, doubling from 9 percent to 18 percent. The problem of drugged driving continues to rise. Based on data from the National Highway Traffic Safety Administration, 30 percent of all drivers who were killed in motor vehicle crashes in California in 2011 tested positive for legal and/or illegal drugs, a percentage that has been increasing since 2006. Motorcycle fatalities increased 15 percent from 352 in 2010 to 414 in 2011. Projections indicate a similar number were killed in 2012. OTS -38b (Rev. 6113) GME — STEP (Overtime) SCHEDULE A GRAN -r No. PT1409 GRANT DESCRIPTION PAG>, 2 Primary Collision Factor: Over the years, approximately 60 to75 percent of fatal and injury -combined collisions involved various Primary Collision Factors (PCF) such as, DUI, speed, right-of-way, traffic signals and signs, pedestrian violations, and improper turning. Statewide Primary Collision 2010 3. Speed 394 Factors Fatal 362 5,4b0 1. Improper Turning 512 21,764 Total 2. Driving Under the Influence 113,597 Total Fatal and Injury Collisions 162,569 Using local data (not OTS Rankings or S WITRS), complete the table below. Collision Type 2010 2011 2012 Collisions Victims Collisions Victims Collisions Victims Fatal 1 I 4 6 5 5 In ur 453 614 430 569 426 564 Fatal Injured Fatal Injury Killed Inured Fatal Injury Killed Injured ..InjuryKilled Alcohol Involved 0 67 0 90 1 58 1 81 0 0 74 Hit & Run 0 25 0 27 0 28 0 32 1 I 30 Nighttime 0 38 0 51 0 48 0 76 0 0 58 (2100-0259 hours) Top 3 Primary Collision Factors Fatal Killed Injured #1- Unsafe Speed 0 0 183_ #2- Improper Turning0 0 73 #3- DUI 0 33 0 44 OTS -386 (Rev. 6/13) 470 12,477 3. Speed 394 48,999 4. Traffic Signals &Signs 362 5,4b0 5. Right of Way 3 67 24,$97 Total 1,905 113,597 Total Fatal and Injury Collisions 162,569 GME — STEP (Overtime) SCHEDULE A Gp-kNTND. PTI409 GRANT DESCRIPTION PAGE 3 OFFICE OF TRAFFIC SAFETY -2010 RANKINGS The OTS Rankings provide individual cities a way to compare their city's traffic safety statistics to those of other cities with similar -sized populations. Cities can use these comparisons to see what traffic safety areas they may have problems in and which they were doing well in. Identifying emerging or on-going traffic safety problem areas help cities plan how to combat the problems. It should be noted that OTS rankings are only indicators of potential problems; there are many factors that may either understate or overstate a city/county ranking that must be evaluated based on local circumstances. The OTS Rankings are determined by the following: (1) Victim and collision data for the rankings is taken from the latest available California Highway Patrol (CHP) Statewide Integrated Traffic Records System (SWITRS) data; (2) Victim and collision rankings are based on rates of victims killed and injured or fatal and injury collisions per "1,000 daily -vehicle - miles -of -travel' (Caltrans data) and per "1,000 average population" (Department of Finance data) figures. This more accurately ensures proper weighting and comparisons when populations and daily vehicle miles traveled vary; (3) DUI arrest totals and rankings are calculated for cities only and are based on rates of non -CHP DUI arrests (Department of Justice data). This is so that local jurisdictions can see how their own efforts are working; and (4) Counties are assigned statewide rankings, while cities are assigned population group rankings. NOTE: City rankings are for incorporated cities only, County Rankings include all roads — state, county and local — and all jurisdictions — CHP, Sheriff, Police and special. OTS Rankings are calculated so that the higher the number of victims or collisions per 1000 residents in a population group, the higher the ranking. Number I in the rankings is the highest, or `'worst." So, for Group B, a ranking of 1/53 is the highest or worst, 27/53 is average, and 53!53 is the lowest or best. The same methodology also applies for DUI arrest rankings. AGENCY NCIC COUNTY GROUP POPULATION (AVG) DVMT Newport Beach 3014 ORANGE COUNTY C 85,278 1,166,078 VICTIMS RANKING BY RANKING BY KILLED AND DAILY VEHICLE AVERAGE TYPE OF COLLISION INJURED MILES TRAVELED POPULATION Total Fatal and Injury ....................... 597 251103 6/103 Alcohol Involved .............................. 85 11 H 03 11103 HBD Driver G21 .................................. 3 611103 48/103 HBD Driver 21-34.............. ............ ..... 14 39M03 211103 Motorcyclists . ........ .......... - .......... ..... 30 91103 31103 Pedestrians._. ............. - ..................... ..... 36 441103 15/103 Pedestrians 8 391103 181103 Pedestrians 6 251103 13/103 Bicyclists .... ................... _........ ......... .,........ 102 61103 31103 Bicyclists 11 14/103 3/103 Composite . ... ................... .............. ____ .......... ............... 201103 31103 COLLISIONS Speed Related .................................. 135 171103 41103 Nighttime.,... ... .............. 38 50/103 151103 Hit and Run ..............»........................ 23 561103 331103 DUI ARRESTS 596 1.16 % 102/103 OTS -38b (Rev. 6/13) GME—STEP (Overtime) SCHEDULEA GRANT NO. PT1409 GRANT DESCRIPTION PAGE 4 PERFORMANCE MEASURES GRANT GOALS 1. To reduce the number of persons killed in traffic collisions. 2. To reduce the number of persons injured in traffic collisions. 3. To reduce the number of persons killed in alcohol -involved collisions. 4. To reduce the number of persons injured in alcohol -involved collisions. 5. To reduce the number of persons killed in drug -involved collisions. 6. To reduce the number of persons injured in drug -involved collisions. 7. To reduce the number of motorcyclists killed in traffic collisions. 8. To reduce the number of motorcyclists injured in traffic collisions. 9. To reduce the number of motorcyclists killed in alcohol -involved collisions. 10. To reduce the number of motorcyclists injured in alcohol -involved collisions. 11. To reduce hit & run fatal collisions. 12. To reduce hit & run injury collisions. 13. To reduce nighttime (2100 — 0259 hours) fatal collisions. 14. To reduce nighttime (2100 — 0259 hours) injury collisions. GRANT OBJECTIVES I. To issue a press release announcing the kick-off of the grant by November 15 of the first grant year. The press releases and media advisories, alerts, and materials should be emailed to the OTS Public Information Officer at pigQots.ca.r ov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. To include, when appropriate, that an at -fault driver was suspected of or was in fact drug impaired (if possible note the drug involved, e.g., marijuana, prescription drugs, etc.) when reporting to the media the details from a crash or crash investigation. 3. To send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at piona,ots.ca.eov, with a copy to your OTS Coordinator. If an OTS template -based press release is used, the QTS 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 should first be sent to the OTS PIO for approval. Drafts should be sent for approval as early as possible to ensure adequate turn -around time. Optimum lead time would be 10-20 days prior to the operation. Media communications reporting the results of grant activities such as Enforcement Operations are exempt from the recommended advance approval requirement. Activities such as warrant service operations, 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. OTS -38b (Rev. 6113) GME -- STEP (Overtime) SCHEDULE A GRANT No, PT1409 GRANT DESCRIPTION PAGE 5 4. To use the following standard language in all press, media, and printed materials. Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. 5. To issue a press release prior to each motorcycle safety enforcement operation to raise awareness about motorcycle safety in general and to draw attention to the motorcycle safety enforcement operations. If an OTS template is not used, the draft press releases, media advisories, alerts, and materials should be emailed to the OTS Public Information Officer at pioCS.ots.ea.czov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 6. To email the OTS Public Information Officer at uio@,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 enough notice to arrange for attendance and/or participation in the event. 7. To submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS Public Information Officer at pio@ots.ca.¢ov, and copied to your OTS Coordinator, for approval 14 days prior to the production or duplication. 8. To include the OTS logo, space permitting, on grant funded print materials: consult your QTS Coordinator for specifics relating to this grant. 9. To develop and/or maintain a "Hot Sheet" program to notify patrol and traffic officers to be on the Iookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions by December 31. Updated Hot Sheets should be distributed to patrol and traffic officers monthly. 10. To submit (not required but encouraged by OTS) a California Law Enforcement Challenge application to CHP according to instructions on the CHP website http://wcvw.chn.ca,aov/features/clec.html and submit a copy of the application to the Office of Traffic Safety by the last Friday of March. 11. To send 1 law enforcement personnel to the NHTSA-certified Standardized Field Sobriety Testing (SFST) training by January 31. 12. To send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ABIDE) 16 hour POST -certified training by January 31. 13. To send I law enforcement personnel to the IACP-certified Drug Recognition Expert (DRE) training program by March 31. 14. To conduct 125 DUI Saturation Patrols. 15. To conduct 5 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 16. To conduct 20 Traffic Enforcement operation(s), including but not limited to, primary collision factor violations. 17. To conduct 3 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. OTS -38b (Rev. 6/13) GME — STEP (Overtime) SCHEDULE A GRA\TNo. PT1409 GRANT DESCRIPTION PAGE 6 I& To conduct 1 Warrant Service operation(s) targeting multiple DUI offenders who violate probation terms or fail to appear in court. 19. To conduct 1 Stakeout operation(s) that employ police officers to observe the "worst of the worst" repeat DUI offender probationers with suspended or revoked driver licenses. 20. To conduct 1 Court Sting operation(s) to cite individuals driving from court after having their driver's license suspended or revoked. 21. To participate in the National Distracted Driving Awareness Month in April. 22. To participate in the statewide Click It or Ticket mobilization period in May. 23. To collaborate with the county's "Avoid DUI Coalition" by: participating in all planning and scheduling meetings and MADD/Avoid DUI Seminars; providing your county Avoid Coordinator (Host) with your agency's schedule of operations that occur during any Avoid operational campaign period; and reporting daily, during holiday Avoid efforts, to the county Avoid Coordinator your agency's DUI arrests & DUI fatality information for the Avoid media campaign. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. METHOD OF PROCEDURE Phase 1 — Program Preparation, Training and Implementation (15` Quarter of the Grant Year) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • A draft news release will be submitted to OTS to announce the grant program. • All training needed to implement the program 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 program will be accomplished by deploying personnel at high collision locations. OTS -38b (Rev. 6113) GME—STEP (Overtime) SCHEDULE A GR.ANTNo. PTI409 GRANT DESCRIPTION PAGE 7 Phase 2 — Community Awareness (Throughout Grant Period) The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Phase 3 —Data Collection & Reporting (Throughout Grant Period) The police department will submit a Quarterly Performance Report (QPR) and a separate quarterly Schedule C within 30 days following each calendar quarter. The final QPR, Schedule C, Claim and Executive Summary are due to OTS 30 days following the end the grant period. Reports shall be completed and submitted in accordance with OTS requirements specified in the Grant Program Manual. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will prepare the Executive Summary to accompany the final QPR. The Executive Summary will: (1) briefly state the original problem; (2) specify the most significant goals and objectives; (3) highlight the most significant activities that contributed to the success of the program and the strategies used to accomplish the goals; and (4) describe the program's accomplishments as they relate to the goals and objectives. ADMINISTRATIVE SUPPORT This program has full support of the City of Newport Beach. Every effort will be made to continue the activities after the grant conclusion. OTs -386 (Rev. 6/13) SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT1409 FUND NUMBER - CATALOG NUMBER (CFDAj FUND DESCRIPTION TOTAL COST TO GRANT Minimum Penalties for Repeat Offenders 164 AL 20.608 for Driving While intoxicated State and Community Highway 402 PT 20.600 Safety COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO GRANT FY -1 CFDA 10/1/13 tlu u A. PERSONNEL COSTS 9/30114 Positions and Salaries Overtime DUI Saturation Patrols 20.608 $ 200,000.00 $ 200,000.00 Warrant Service Operations 20.608 $ 4,900.00 $ 4,900.00 Stakeout Operations 20.608 $ 2,500.00 $ 2,500.00 Court Sting Operations 20.608 $ 2,500.00 $ 2,500.00 Benefits @ 1.45% 20,608 $ 3,110,00 $ 3,110.00 Traffic Enforcement Operations 20.600 $ 30,000.00 $ 30,000.00 Distracted Driving Operations 20.600 $ 1.0,000.00 $ I 10,000.00 Motorcycle Safety Enforcement 20.600 $ 5,400.00 $ 5,400.00 OTS -38d (Rev. 6/13) Page 1 of 2 SCHEDULE B DETAILED BUDGET ESTIMATE GRANTNO. PT1409 E. OTHER DIRECT COSTS None �, $ Category Sub -Total $ $ F. INDIRECT COSTS None $ Category Sub -Total $ $ GRANT TOTAL $ 282,914.44 $ 282,914.44 OTS -33d (Rev. 6113) Page 2 of 2 SCHEDULE B-1 GRANT NO. PT1409 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, 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 $2$05/hour to $112.52/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% TOTAL BENEFIT RATE 1.45d TRAVEL EXPENSE 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. Anticipated travel may include the Vehicular Homicide Seminar and the OTS Leadership and Training Seminar. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must beat the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES None EE UI�NT 1 Changeable Message Sign Trailer with Radar(s) - fully equipped changeable message sign trailer(s) with a radar device and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information and messages during OTS funded operations. OTHER DIRECT COSTS None INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. CAWORNIA OFFICE t:,F TRAFFIC SAFETY 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 Chapter 11 - (§§1200, 1205, 1206, 1250, 1251, & 1252) Regulations governing highway safety programs + NHTSA Order 462-6C - Matching Rates for State and Community Highway Safety Programs + Highway Safety Grant Funding Policy for Field -Administered Grants 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 (88), 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 (101), 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 (100), which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (92), 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 (91), 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; (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. I I Certifications and Assurances (Rev. 2073) CALRORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 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, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. .Certifications and Assurances(Rev, 2013) � ��,.• �,� ,�� . � � .. ,•��.��• „ ...,,..,,� �, CALOORN1A OFFICE as TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 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 legislatorto 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 prospective primary participant 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. n ,e ro ,w aCertificatio.nsanBAsstfrances{Rev.2Oi3) "LIVONNA OFFICE.oe TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 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. 4TUr f ations and Assurances (Rev. 2013) oattraavis, OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 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 voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 5. 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. S�, Certifications and Assurances (Rev. 2013) CALIFOWNIA QFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 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 9A, 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. 6 Certifications and Assurances(Rev. 2013) State of California — Offs_ - of Traffic Safety GRANT AGREEMENT APPROVED AS TO FORM: CITY ATTO NEY'S OFFICE Date: 3 By: Aa on C. Harp City Attorney ATTEST:(� Date: I B l U► y. Leilani I. Brown City Clerk '%6URNIA Grant Number PT1409 CIN OF NEWPORT BEACH City Council Staff Report Agenda Item No. 16 September 10, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Jay R. Johnson, Chief of Police 949-644-3701,JJohnson@nbpd.org APPROVED: Jeff Lu, Lieutenant 949-644-3740..d#;g TITLE:cceptanc&�of 2013/2014 State of California, Office of Traffic � Safety, DUI Enforcement and Awareness Program Grants #PT1409 and #SC14284 ABSTRACT: The Police Department seeks acceptance of two grants totaling $358,410, both granted from the State of California, Office of Traffic Safety (OTS) to fund a Driving Under the Influence (DUI) Enforcement and Awareness Program, traffic safety enforcement, and DUI Sobriety Checkpoints. RECOMMENDATIONS: 1. Authorize the City Council to accept a $282,910 "Selective Traffic Enforcement Program" (STEP) award granted to the Newport Beach Police Department by the OTS per Council Policies F-3 and F-25. Therefore, to comply with Council Policy F-3, City Council must formally accept the award of $282,910 and create a new appropriation to expend the money. 2. Approve a Budget Amendment increasing Police revenue estimates and expenditure appropriations by $282,910. 3. Authorize the City Council to accept a $75,500 "Sobriety Checkpoint Grant Program" award granted to the Newport Beach Police Department by the OTS per Council Policies F-3 and F-25. Therefore, to comply with Council Policy F-3, City Council must formally accept the award of $75,500 and create a new appropriation to expend the money. 4. Approve a Budget Amendment increasing Police revenue estimates and expenditure appropriations by $75,500. Acceptance of 2013/2014 State of California, Office of Traffic Safety, DUI Enforcement and Awareness Program Grants #PT1409 and #SC14284 September 10, 2013 Page 2 FUNDING AVAILABILITY: The first Budget Amendment records and appropriates $282,910 in additional revenue from the OTS STEP grant and $282,910 in increased expenditure appropriations. The revenue will be posted to the OTS STEP FY 14 account, 127-492A, and the expenditure appropriations will be posted to the various expenditure accounts in division 1276 of the OTS Fund, according the following breakdown: 1276-7041 Overtime: Safety $ 255,300 1276-7425 Medicare Fringes $ 3,769 1276-8100 Travel & Meetings $ 3,841 1276-9100 Rolling Equipment $ 20,000 Total FY 14 STEP Grant The second Budget Amendment records and appropriates $75,500 in additional revenue from the OTS Sobriety Checkpoint grant and $75,500 in increased expenditure appropriations. The revenue will be posted to the OTS Sobriety Checkpoint FY 14 account, 127-4928, and the expenditure appropriations will be posted to the various expenditure accounts in division 1277 of the OTS Fund, according to the following estimated breakdown: 1277-7041 Overtime: Safety $ 73,900 1277-7425 Medicare Fringes $ 1,100 1277-8250 Special Dept Expense, NOC $ 500 Total FY 14 Sobriety Checkpoint Grant DISCUSSION: Background: The City of Newport Beach has been awarded two grants from the State of California, OTS, to increase DUI Enforcement and Awareness and to fund additional traffic safety enforcement, in the City of Newport Beach. Grant number PT1409 ("Selective Traffic Enforcement Program") and grant number SC14284 ("Sobriety Checkpoint Grant Program") will both become effective October 1, 2013, and expire September 30, 2014. This combined $358,410 in grant funds will pay for overtime costs for officers specifically assigned to DUI enforcement and awareness programs, including six DUI checkpoint operations, additional traffic safety saturation patrols, and the purchase of a new Changeable Message Sign Trailer with Speed Radar. Acceptance of 2013/2014 State of California, Office of Traffic Safety, DUI Enforcement and Awareness Program Grants #PT1409 and #SC14284 September 10, 2013 Page 3 In 2010, the latest OTS statistics available, OTS rated 103 California cities with population in the 50,000 to 100,000 range. At that time Newport Beach ranked as follows: Category Rankin Persons killed or injured in alcohol -involved collisions 6 Total alcohol -involved collisions 1 Alcohol -involved collisions with drivers between thea es of 21 and 34 21 Alcohol -involved collision with drivers under 21 48 The Police Department, in an effort to improve our DUI programs, and to reduce the number of deaths and injuries involving alcohol-related driving, speed, red-light running and other primary collisions factors, applied for and was awarded two OTS grants in the total amount of $358,410, pending approval of the City Council. Both are reimbursable grants, in that funds are repaid after the City incurs the overtime expense. Claims for reimbursement are made quarterly, and payments are processed by the State thereafter. The "Selective Traffic Enforcement Program" grant ($282,910) allows for the funding of overtime associated with 125 DUI saturation patrols, 20 primary collision factor saturation patrols, 5 distracted driving saturation patrols, 3 motorcycle safety saturation patrols, and a Warrant Service operation, Stakeout operation and Court Sting operation, all three of which target multiple or repeat DUI offenders. This STEP grant also provides funding ($20,000.00) for the purchase of a new speed radar trailer, to supplement those already in-service in the City. The "Sobriety Checkpoint Grant Program" grant ($75,500) allows for the funding of overtime associated with six DUI checkpoint operations and $500.00 for the purchase of OTS -approved checkpoint supplies. This year, OTS has, again, separated the "Selective Traffic Enforcement Program" grant funds from the "Sobriety Checkpoint Grant Program" funds and that is the reason for two separate OTS grants for the upcoming FY. Prior to last year, one OTS grant funded both programs. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3 Acceptance of 2013/2014 State of California, Office of Traffic Safety, DUI Enforcement and Awareness Program Grants #PT1409 and #SC14284 September 10, 2013 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: (240�'- Jay nso Chid6f of Police Attachments: OTS Award Letter, STEP Grant OTS Award Letter, Sobriety Checkpoint Grant Budget Amendments a STATE. OF CALIFORNIA OFFICE OF TRAFFIC SAFETY 2208 KAUSEN DRIVE. SUITE 300 ELK GROVE, CA 95758 www.ots.ca.gov (916)509-3030 (800) 735-2929 (TTITDD-Referral) (916) 509-3055 (FAX) May 16, 2013 Jeff Lu, Lieutenant Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Dear Lieutenant Lu: EDMUND G. BROWN JR., GOVERNOR r- „ r A,, oC erne) Or TIIC MIITT Grant No. PT 1409 Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your funding request for the proposal titled "Selective Traffic Enforcement Program" in the amount of approximately $282,910.00. Your OTS Coordinator will contact you, to discuss your proposal and explain the Grant Agreement process. It is our goal to have all new grants start no later than October 1, 2013. If approval from a City Council or the Board of Supervisors is required, you should begin that process now. Do not incur grant reimbursable costs prior to the receipt of your official approval packet from OTS or before your grant start date. OTS will initiate a statewide media news release regarding 2014 proposals selected for funding. Your agency should not publically announce this tentative award until the grant agreement is fully negotiated and signed by OTS. Again, congratulations on the success of your proposal. If you have any questions, please contact Julie Schilling, Regional Coordinator, at (916) 509-3018 or a -mail at julie.schilling@ots.ca.gov. Sincerely, 4'`w(; CHRISTOPHER J. MURPHY Director JS:kn STATE OF CALIFORNIA OFFICE OF TRAFFIC S"ETY 2208 KAUSEN DRIVE. SURE 300 ELK GROVE. CA 95758 www.ots.ca.gov (918)509-3030 (800) 735-2929 (TTITDD-Relemal) (918) 509-3055 (FAX) May 24, 20,13 Jeffrey Lu, Lieutenant Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Dear Lieutenant Lu: EDMUND G. BROWN JR., GOVERNOR �rf cw urowx1• FOA, 11.1 er rewrn< urrr<♦ Grant No. SC14284 Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your funding request for the application titled "Sobriety Checkpoint Grant Program" for the amount of $75,500.00. This award includes a maximum of $500.00 for the purchase of OTS - approved checkpoint supplies. The approval is for the operation of six checkpoints in Newport Beach in the period, October 1, 2013 to September 30, 2014. The maximum allowed cost per checkpoint is $12,500.00. The University of California Berkeley Safe Transportation Research and Education Center (SafeT.REC), who is administering the grant funds for OTS, will e-mail a grant contract to the contact listed on the application. Please have the Authorizing Official and any additional individuals authorized to sign claims sign the contract. Send the contract to SafeTREC no later than September 3, 2013. It is our goal to have all new grants start no later than October I, 2013. The SafeTREC will issue you a copy of the signed, fully executed grant contract. If approval from your City Council or Board of Supervisors is required, you should begin that process now. Do not incur costs prior to the date of the signed, fully executed contract from SafeTREC. Again, congratulations on the success of your application. If you have any questions, please contact Shar Rauch, SafeTREC Program Coordinator at (5 10) 643-1774 or by e-mail at checkpoint@berkelev.edu. Sincerely, A OL t,�2; CHRISTOPHER J. MURPHY Director CM:kn cc: Shar Rauch City of Newport Beach BUDGET AMENDMENT 2013-14 EFFECT ON BUDGETARY FUND BALANCE: �X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 14BA-012 AMOUNT: 535e,a1o.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance Ij No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to accept two State of California, Office of Traffic Safety (OTS) Grants (PT1409 & SC14284) for increasing DUI Enforcement and Awareness and funding additional traffic safety enforcement. Funds will be used to pay for overtime costs for officers specifically assigned to these programs, related travel & training costs, as well as a new radar trailer for program use. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description 127 492A OTS Grants - FY 14 OTS Selct Traffic Enfrc $282,910.00 127 492B OTS Grants - FY 14 OTS Sobriety Chckpt $75,500.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 1276 FY14 OTS Select Traffic Enforcement Program (STEP) Account Number 7041 Overtime, Safety & 1/2 Time $255,300.00 Division Number 1276 FY14 OTS Select Traffic Enforcement Program (STEP) Account Number 7425 Medicare Fringes $3,769.00 Division Number 1276 FY14 OTS Select Traffic Enforcement Program (STEP) Account Number 8100 Travel & Meetings NOC $3,841.00 Division Number 1276 FY14 OTS Select Traffic Enforcement Program (STEP) Account Number 9100 Rolling Equipment $20,000.00 Division Number 1277 FY14 OTS Sobriety Checkpoint Program Account Number 7041 Overtime, Safety & 1/2 Time $73,900.00 Division Number 1277 FY14 OTS Sobriety Checkpoint Program Account Number 7425 Medicare Fringes $1,100.00 Division Number 1277 FY14 OTS Sobriety Checkpoint Program Account Number 8250 Special Dept Expense, NOC $500.00 Autmatic System Entry. p p. Signed: s2/ O._ .- 3 anci I nan rector Date Signed: I mi strative Approval: City Manager ate City Council Approval: City Clerk Date