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HomeMy WebLinkAboutCalifornia Office of Traffic Safety (OTS) - 2020-10-01 AOMW VEb JL-0 City of Huntington Beach Il,Iflf.. File #: 20-1832 MEETING DATE: 9/8/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subject: Approve and authorize execution of Grant Agreement No. PT21028 with the California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) in the amount of $845,300 for the period 10/1/2020 to 9/30/2021, approve appropriations, and authorize the Chief of Police to establish a separate business unit for the grant funds Statement of Issue: On August 10, 2020, the Police Department received notice from the California Office of Traffic Safety (OTS) that the City of Huntington Beach was tentatively awarded a new one-year traffic safety grant. The Selective Traffic Enforcement Program (STEP) grant#PT21028 provides funding in the amount of$845,300. These funds are intended to reimburse our costs associated with Sobriety/Driver License checkpoints, two full-time DUI officer positions, multi-faceted traffic enforcement details, radar guns for moto officers, and funding to develop technology to develop artificial intelligence to detect impaired drivers. These events are designed to reduce traffic collisions, injuries, and fatalities through enforcement, education, and media attention. Financial Impact: This one-year reimbursable grant is funded by the California Office of Traffic Safety. The amount of $845,300 is to be utilized between October 1, 2020, and September 30, 2021. The appropriation request is fully offset by this revenue source. Recommended Action: A) Approve and accept the OTS STEP grant agreement#PT21028 between the OTS and the City of Huntington Beach for $845,300; and, B) Authorize the Chief of Police to execute the grant agreement with OTS; and, C) Approve appropriations and estimated revenue source in the amount of$845,300; and, D) Establish a separate business unit for this funding and authorize the Chief of Police to expend up to a total of $845,300, plus accrued interest, on the Selective Traffic Enforcement Program (STEP) grant. City of Huntington Beach Page 1 of 2 Printed on 9/2/2020 poweredNy LegistarT" File #: 20-1832 MEETING DATE: 9/8/2020 Alternative Action(s): Do not approve this grant agreement and related actions, and direct staff accordingly. Analysis: The City of Huntington Beach has always been concerned with the safe and efficient movement of vehicular, bicycle, and pedestrian traffic on our highways, streets, and bike paths. The City of Huntington Beach is currently going through several redevelopment projects, some of which will add to both seasonal and year-long traffic related issues. In 2017-2018, DUI arrests increased 17% up from 803 the previous year to 941. This grant will allow us to use progressive and innovative enforcement techniques to increase our DUI enforcement efforts, and provide for more coverage with two full-time officers dedicated to DUI enforcement. In addition to the DUI enforcement, we will be working to improve our ranking in several of the Office of Traffic and Safety categories. The most recent OTS statistics indicate Huntington Beach is 1 It out of 58 comparable cities for juvenile involved bicyclist collisions and 2nd overall for bicyclist involved collisions. Huntington Beach had over 1,400 victims either injured or killed in traffic incidents. We are seeking to use the proposed funding to increase traffic enforcement actions and work to identify behaviors that contribute to the root causes of collisions. Furthermore, we would like to provide additional methods of education to residents, and inform them that careless and negligent behaviors may result in drastic consequences to themselves, their passengers, or other affected citizens in and around our roadways. This particular grant will reimburse the City of Huntington Beach for expenditures associated with Sobriety/Driver License Checkpoints, two full-time DUI officers, and a variety of traffic-related details. OTS will administer and handle the grant funds for the Selective Traffic Enforcement Program. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Grant Agreement for OTS STEP Grant #PT21028 City of Huntington Beach Page 2 of 2 Printed on 9/2/2020 powered74 LegistarTI State of California —Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Huntington Beach From: 10/01/2020 4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2021 Huntington Beach Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving -. enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $845,300.00 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—Problem Statement, Goals and Objectives and Method of Procedure • Schedule B—Detailed Budget Estimate and Sub-Budget Estimate(if applicable) • Schedule B-1 —Budget Narrative and Sub-Budget Narrative(if applicable) • Exhibit A—Certifications and Assurances • Exhibit B*—OTS Grant Program Manual • Exhibit C—Grant Electronic Management System (GEMS)Access *Items shown with an asterisk(*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL _ NAME: Thoby Archer NAME: Robert Handy TITLE: Sergeant TITLE: Chief of Police EMAIL: tarcher@hbpd.org EMAIL: rhandy@hbpd.org PHONE: (714)374-1610 PHONE: 714-536-5903 ADDRESS: 2000 Main Street ADDRESS: 2000 Main St. Ing o - each, CA 9,2JQU Huntington Beach,CA 92648 (Signature (Date) ( gnature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Kathy Baldwin NAME: Barbara Rooney - TITLE: Accounting Technician II TITLE: Director EMAIL: kbaldwin@hbpd.org EMAIL: barbara.rooney@ots.ca.gov PHONE: (714)536-5935 PHONE: (916)509-3030 ADDRESS: 2000 Main Street ADDRESS: 2208 Kausen Drive Suite 300 Hunt' to Beach, CA 92648 Elk Grove,CA 95758 (Signature) (Date) (Signature) (Date) 8/3/2020 1:48:34 PM Page 1 of 18 State of California —Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Huntington Beach From: 10/01/2020 4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2021 Huntington Beach Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $845,300.00 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— Problem Statement, Goals and Objectives and Method of Procedure • Schedule B— Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A—Certifications and Assurances • Exhibit B'—OTS Grant Program Manual • Exhibit C—Grant Electronic Management System (GEMS)Access "Items shown with an asterisk ("), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: Thoby Archer ADDRESS: Kelly Rodriguez TITLE: Sergeant Acting Police Chief EMAIL: tarcher@hbpd.org krodriguez@hbpd.org PHONE: (714)374-1610 (714)536-5661 ADDRESS: 2000 Main Street 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 24YAraher Sep 14,2020 +lLb6ft Sep 15,2020 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Kathy Baldwin ADDRESS: Barbara Rooney Accounting Technician II Director kbaldwin@hbpd.org barbara.rooney@ots.ca.gov (714)536-5935 (916)509-3030 2000 Main Street 2208 Kausen Drive, Suite 300 Huntinqton Beach, CA 92648 Elk Grove, CA 95758 r - Sep 15,2020 Sep 15,2020 (Signature) (Date) (Signature) (Date) 9/14/2020 10:39:53 AM Page 1 of 18 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION NAME: Carolyn Vu DUNS#: 078143948 ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 2000 Main Street CITY: Huntington Beach Zip+4: 92648-2763 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164 AL-21 20.608 0521-0890-101 2020 2020 BA/20 $681,800.00 402PT-21 20.600 0521-0890-101 2020 2020 BA/20 $163,500.00 AGREEMENT TOTAL $845,300.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $845,300.00 I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and AGREEMENT purpose of the expenditure stated above. $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE Sep 15,2020 $845,300.00 Cuol,n v 9/14/2020 10:39:53 AM Page 2 of 18 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 Schedule A 1. PROBLEM STATEMENT Huntington Beach is a unique city given its population of over 200,000, continued growth, ocean front, large entertainment district, traffic volume, and visitors (Est. 16 million beach visitors annually). Huntington Beach has defined itself by hosting a number of special events, such as the Surf City Marathon, AVP Volleyball competition, 41h of July Parade and Firework Show, US Open of Surfing (9-day event), weekly Tuesday night Main Street Fair, two day Jazz Festival, multiple car shows (including Cars and Copters which draws multiple million dollar cars to the beach), and The Great Pacific Airshow with an attendance estimated in excess of 2 million over the three-day event. In addition, there are multiple major concert events held on the California State Beach throughout the year with attendance in excess of 20,000, such as the Country Coastal Jam, which in the past featured headliner Tim McGraw. People travel from all over California and the nation to attend these events. This can place an undue hardship on the Huntington Beach Police Department, when our staffing is already difficult. In recent years, the Huntington Beach Police Department, along with many other law enforcement agencies throughout the state, have seen budgets reduced, and an increasing homeless epidemic require more of our resources. Because of these challenges, departments often look to outside resources such as the Office of Traffic Safety as an additional resource to assist with traffic enforcement and education with the expressed goal of eliminating traffic deaths and injuries, reducing economic losses and increasing public safety. The Office of Traffic Safety currently funds two full-time DUI Officers, and we currently have a record number of DUI arrests. This is indicative of a serious problem. In 2019, our full-time DUI Officer boasted the most DUI arrests in the state with 530. He was also recognized by the International Association of Chiefs of Police (IACP) in their 2018 Annual Report on Drug Evaluation & Classification Program (DECP)for completing 61 Under the Influence Evaluations in 2018. Only nine other peace officers nationwide completed more evaluations in 2018. The DECP keeps records of certified Drug Recognition Experts, and there are 9,116 active DREs in the United States. As evidenced by the above numbers, our total traffic injuries have reduced over the past three calendar years, while our DUI arrests and fatalities have increased. This is particularly true with regards to pedestrian violations. We received a bicycle/pedestrian grant from OTS, yet it is too soon to evaluate any statistical improvement from the award. We now analyze all DUI arrest reports and collect data from a greater number of categories. This allows us to deploy resources where they are the most effective. Through analysis of historic crash data, the Huntington Beach Police Department was able to identify the majority of those arrested for DUI who were involved in traffic collision are actually residents from surrounding cities and counties. As a result, DUI education remains a priority, for example, HBPD has embraced the "Know Your Limit"campaign and we have become one of the leading agencies in this area, training multiple other agencies in the process. In addition, by using social media, we continue to educate the public, notifying them of rising trends, and creating awareness of the true gravity of our local issues. Our Huntington Beach Police Department Instagram boasts 22,700 followers and our Facebook page has 56,000 followers. We remain one of the most"Followed" and "Liked" Southern California police agencies similar in size. This is significant in that Huntington Beach is a destination city and draws many non-residents to our city for events, beaches, parks, residences, and entertainment districts. We look to education and enforcement to combat our traffic problems. An analysis of our collision data reveal there is an identifiable pattern of behavior, above and beyond impaired driving, such as distracted driving, safety violations, or some other common primary collision factor violations, which also leads to collisions. Simply issuing citations for these violations does not address the problem. We have seen success in the form of better coverage, more citizen contacts, educational events, and significant public relations with the increase of Traffic Enforcement, Distracted Driving, DUI Checkpoints and DUI Saturation Patrol categories. We are seeking funding in these categories as well as the "Know Your Limit"campaign to continue to bring awareness and enforcement to the public. 9/14/2020 10:39:53 AM Page 3 of 18 We also want to focus on new, innovative, and unique ways to combat impaired driving. We would like to complete random warrant checks on repeat offenders, surveillance of chronic offenders, as well as some unique saturation patrols, such as parking structure stings and checkpoints. We feel that technology has not been embraced as much as it could in the public sector and we intend on being on the forefront of technological developments. We are excited to research and develop new ways to communicate with the public via social media, as well as develop new enforcement techniques with the assistance of artificial intelligence. Many of our neighboring cities have smaller police departments with limited traffic enforcement resources, many having only one or two traffic officers. In addition, with grant funding, these agencies may be willing to help in collaborative efforts when are staffing is already stressed (such as major special events). We expect to have a mutually beneficial relationship with our local neighboring agencies, and would love to take the lead on coordinating collaborative efforts to reduce the number of traffic collisions and fatalities. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate and report data (as required) in the following campaigns, National Walk 10 to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol 12 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 law enforcement personnel to the NHTSA Standardized Field Sobriety 6 Testing SFST minimum 16 hours POST-certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 6 Driving Enforcement (ARIDE) 16 hour POST-certified training. 6. Send law enforcement personnel to the Drug Recognition Expert(DRE) training. 2 7. Send law enforcement personnel to the DRE Recertification training. 2 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 6 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To 9/14/2020 10:39:53 AM Page 4 of 18 enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARI DE-trained. 9. Conduct DUI Saturation Patrol operation(s). 50 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary 75 crash factor violations. 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 28 drivers using hand held cell phones and textin . 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 4 during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 13. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 2 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 12 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 15. Conduct Traffic Safety educational presentation(s) with an effort to reach 4 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 16. Conduct Know Your Limit campaigns with an effort to reach members of the 6 community. 17. Conduct highly visible collaborative DUI Enforcement operations 10 18. Conduct highly visible collaborative Traffic Enforcement operations 5 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (15i Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash Iocations.Media Requirements • Issue a press release announcing the kick-off of the grant by November 15, but no earlier than October 1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases and any related media advisories, alerts, and materials must be emailed for approval to the OTS Public Information Officer at pio(a-)_ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. 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 • Send all grant-related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer(PIO) at pioQots.ca.gov, with a copy to your OTS Coordinator. The following requirements are for grant-related activities and are different from those regarding any grant kick-off release or announcement. 9/14/2020 10:39:53 AM Page 5 of 18 • If an OTS-supplied, template-based press release is used, there is no need for pre-approval, however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS-supplied 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 days prior to the release distribution date, but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time-valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre-publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio(a)ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant-related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio(�ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Space permitting, include the OTS logo, on grant-funded print materials; consult your OTS Coordinator for specifics and format-appropriate logos. • Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from any of the above requirements might be contemplated C. Phase 3— Data Collection & Reporting (Throughout Grant Year) I. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 9/14/2020 10:39:53 AM Page 6 of 18 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 Schedule B FUND NUMBERFUND DESCRIPTIONTOTAL'AMOUNT ig NUMBER(CFDA). ' 164AL-21 20.608 Minimum Penalties for Repeat $681,800.00 Offenders for Driving While Intoxicated 402PT-21 20.600 State and Community Highway $163,500.00 Safety COST CATEGORY FUND UNIT COST OR UNITS T L COST O OTA T s.. A. PERSONNEL COSTS Positions and Salaries Straight Time DUI Officer 1 164AL-21 $58.65 2,080 $121,992.00 Benefits-DUI Officer 1 @ 90% 164AL-21 $121,992.00 1 $109,793.00 DUI Officer 2 164AL-21 $58.65 2,080 $121,992.00 Benefits-DUI Officer 2 A 90% 164AL-21 $121,992.00 1 $109,793.00 Overtime DUI/DL Checkpoints 164AL-21 $12,105.00 6 $72,630.00 DUI Saturation Patrols 164AL-21 $1,120.00 50 $56,000.00 Collaborative DUI Enforcement 164AL-21 $1,103.00 10 $11,030.00 Know Your Limit 164AL-21 $4,361.00 6 $26,166.00 Benefits for 164AL-OT A 1.45% 164AL-21 $165,826.00 1 $2,404.00 Traffic Enforcement 402PT-21 $1,104.00 75 $82,800.00 Distracted Driving 402PT-21 $1,104.00 28 $30,912.00 Motorcycle Safety 402PT-21 $1,104.00 4 $4,416.00 Night-time Click It Or Ticket 402PT-21 $1,104.00 2 $2,208.00 Pedestrian and Bicycle Enforcement 402PT-21 $1,104.00 12 $13,248.00 Collaborative Traffic Enforcement 402PT-21 $1,104.00 5 $5,520.00 Benefits for 402PT-OT @ 1.45% 402PT-21 $139,104.00 1 $2,017.00 Category Sub-Total $772,921.00 B. TRAVEL EXPENSES In State Travel 402PT-21 $5,775.00 1 $5,775.00 $0.00 Category Sub-Total $5,775.00 C. CONTRACTUAL SERVICES Technology 164AL-21 $50,000.00 1 $50,000.00 Category Sub-Total $50,000.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS Traffic Control Devices 402PT-21 $673.00 4 $2,692.00 Lidar Device 402PT-21 $3,478.00 4 $13,912.00 Category Sub-Total $16,604.00 F. INDIRECT COSTS $0.00 9/14/2020 10:39:53 AM Page 7 of 18 Category Sub-Total $0.00 GRANT TOTAL $845,300.00 9/14/2020 10:39:53 AM Page 8 of 18 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 Schedule B-1 BUDGET NARRATIVE r .. . PERSONNEL COSTS DUI Officer 1 - Hours for officer dedicated strictly to DUI Enforcement. Benefits- DUI Officer 1 @ 90% -TOTAL BENEFIT RATE: 90.0% Retirement- 51% Supplemental Retirement- 4% Workers Compensation - 9% Health - 19% Other Medical -4% Other Benefits- 3% DUI Officer 2 - Hours for officer dedicated strictly to DUI Enforcement. Benefits- DUI Officer 2 @ 90% -TOTAL BENEFIT RATE: 90.0% Retirement- 51% Supplemental Retirement-4% Workers Compensation - 9% Health - 19% Other Medical -4% Other Benefits- 3% DUI/DL Checkpoints- Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols- Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement- Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit-Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Benefits for 164AL- OT @ 1.45% - Benefits breakdown: Medicare - 1.45% Traffic Enforcement- Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Night-time Click It Or Ticket- Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement- Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 9/14/2020 10:39:53 AM Page 9 of 18 Collaborative Traffic Enforcement- Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Benefits for 402PT- OT @ 1.45%- Benefits breakdown: Medicare - 1.45% TRAVEL EXPENSES In State Travel - 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 Lifesavers Conference in Long Beach, CA. All conferences, seminars or training not specifically identified in the 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. CONTRACTUAL SERVICES Technology-This is to fund a potential partnership with a technology company who can utilize emerging technologies to detect impaired drivers on the roadway. OTS and NHTSA approval is required prior to the development of a "scope of work" and awarding of the contract. EQUIPMENT OTHER DIRECT COSTS Traffic Control Devices- Grantee Agency may purchase and distribute to various locations traffic control devices to be used in temporary traffic control situations. Costs may include traffic cones, MUTCD compliant traffic signs, sign stands, barricades, lighting devices, traffic control wands, electronic flares Additional items may be purchased if approved by OTS. Each item must have a unit cost of less than $5,000 (including tax, shipping and installation). Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used forspeed enforcement. INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b)follows an appointment made in accordance with state or local laws and rules and meets federal requirements. Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency. 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 here under. 9/14/2020 10:39:53 AM Page 10 of 18 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 Exhibit A CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C.Chapter 4; Sec. 1906,Pub. L. 109-59,As Amended By Sec. 4011,Pub. L. 114-94) 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: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 23 CFR part 1300— Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 2 CFR part 1201 —Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination("Federal Nondiscrimination Authorities").These include but are not limited to: •Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d et seq., 78 stat.252),(prohibits discrimination on the basis of race,color,national origin)and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. 4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973,(23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683 and 1685-1686)(prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973,(29 U.S.C. 794 et seq.), as amended,(prohibits discrimination on the basis of disability)and 49 CFR part 27; •The Age Discrimination Act of 1975,as amended,(42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); •The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors,whether such programs or activities are Federally-funded or not); •Titles 11 and HI of the Americans with Disabilities Act(42 U.S.C. 12131-12189)(prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation, and certain testing)and 49 CFR parts 37 and 38; • Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations(prevents discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The Subgrantee- •Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, 9/14/2020 10:39:53 AM Page 11 of 18 or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; •Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non-Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply)with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; •Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; •Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a)through (e), in every subcontract and sub agreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. POLITICAL ACTIVITY(HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), 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 (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 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 9/14/2020 10:39:53 AM Page 12 of 18 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. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) 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 (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 primary tier 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 prospective primary tier participant 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 prospective primary tier participant 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 or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person 9/14/2020 10:39:53 AM Page 13 of 18 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. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 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 the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (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/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered in to. 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 9/14/2020 10:39:53 AM Page 14 of 18 department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal 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, civil judgment, debarment, suspension, ineligible,participant,person,principal, and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal 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 proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions 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 proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably 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. In order to use Federal 9/14/2020 10:39:53 AM Page 15 of 18 funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513,Federal Leadership On Reducing Text Messaging While Driving,and DOT Order 3902.10,Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles,Government-owned, leased or rented vehicles,or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness,and other outreach to employees about the safety risks associated with texting while driving. 9/14/2020 10:39:53 AM Page 16 of 18 State of California—Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access PT21028 Exhibit C INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (APRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. t G"NT,DETAILS I ' 0 Grant Number: PT21028 Agency Name: Huntington Beach Police Department Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $845,300.00 Authorizing Official: Kelly Rodriguez Fiscal Official: Kathy Baldwin Grant Director: Thoby Archer ;CURRENT GEMS U$ER($) to "; 1` 1. Thoby Archer Title: Sergeant Media Contact: Yes Phone: (714) 374-1610 Email: tarcher@hbpd.org 2. Kathy Baldwin Title: Accounting Technician II Media Contact: No Phone: (714) 536-5935 Email: kbaldwin@hbpd.org 9/14/2020 10:39:53 AM Page 17 of 18 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes ❑ No[:] Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 2 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 3 Add as a media contact? Yes❑ No ❑ Add/Change © Remove Access ❑ Kelly Rodriguez Acting Chief of Police Name Job Title KRodriguez@hbpd.org 714/536-5661 Email address Phone number GEMS User 4 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 5 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number Form completed by: zL ,pn Date: Sep 14,2020 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. ThobyArcher Thoby Archer .Iby Archer(Sep 14,202010'43 PDT) Signature Name Sep 14,2020 Grant Director Date Title 9/14/2020 10:39:53 AM Page 18 of 18 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION NAME: Carolyn Vu DUNS#: 078143948 ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 2000 Main Street CITY: Huntington Beach ZIP+4: 92648-2763 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT TOTAL $845,300.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $845,300.00 I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and AGREEMENT purpose of the expenditure stated above. $0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $845,300.00 APPROVED AS TO FORM f 46� Michael Gates,Gty Attomey 8/3/2020 1:48:34 PM Page 2 of 18 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 Schedule A 1. PROBLEM STATEMENT Huntington Beach is a unique city given its population of over 200,000, continued growth, ocean front, large entertainment district, traffic volume, and visitors (Est. 16 million beach visitors annually). Huntington Beach has defined itself by hosting a number of special events, such as the Surf City Marathon, AVP Volleyball competition, 4th of July Parade and Firework Show, US Open of Surfing (9-day event), weekly Tuesday night Main Street Fair, two day Jazz Festival, multiple car shows (including Cars and Copters which draws multiple million dollar cars to the beach), and The Great Pacific Airshow with an attendance estimated in excess of 2 million over the three-day event. In addition, there are multiple major concert events held on the California State Beach throughout the year with attendance in excess of 20,000, such as the Country Coastal Jam, which in the past featured headliner Tim McGraw. People travel from all over California and the nation to attend these events. This can place an undue hardship on the Huntington Beach Police Department, when our staffing is already difficult. In recent years, the Huntington Beach Police Department, along with many other law enforcement agencies throughout the state, have seen budgets reduced, and an increasing homeless epidemic require more of our resources. Because of these challenges, departments often look to outside resources such as the Office of Traffic Safety as an additional resource to assist with traffic enforcement and education with the expressed goal of eliminating traffic deaths and injuries, reducing economic losses and increasing public safety. The Office of Traffic Safety currently funds two full-time DUI Officers, and we currently have a record number of DUI arrests. This is indicative of a serious problem. In 2019, our full-time DUI Officer boasted the most DUI arrests in the state with 530. He was also recognized by the International Association of Chiefs of Police (IACP) in their 2018 Annual Report on Drug Evaluation & Classification Program (DECP)for completing 61 Under the Influence Evaluations in 2018. Only nine other peace officers nationwide completed more evaluations in 2018. The DECP keeps records of certified Drug Recognition Experts, and there are 9,116 active DREs in the United States. As evidenced by the above numbers, our total traffic injuries have reduced over the past three calendar years, while our DUI arrests and fatalities have increased. This is particularly true with regards to pedestrian violations. We received a bicycle/pedestrian grant from OTS, yet it is too soon to evaluate any statistical improvement from the award. We now analyze all DUI arrest reports and collect data from a greater number of categories. This allows us to deploy resources where they are the most effective. Through analysis of historic crash data, the Huntington Beach Police Department was able to identify the majority of those arrested for DUI who were involved in traffic collision are actually residents from surrounding cities and counties. As a result, DUI education remains a priority, for example, HBPD has embraced the "Know Your Limit"campaign and we have become one of the leading agencies in this area, training multiple other agencies in the process. In addition, by using social media, we continue to educate the public, notifying them of rising trends, and creating awareness of the true gravity of our local issues. Our Huntington Beach Police Department Instagram boasts 22,700 followers and our Facebook page has 56,000 followers. We remain one of the most"Followed" and "Liked" Southern California police agencies similar in size. This is significant in that Huntington Beach is a destination city and draws many non-residents to our city for events, beaches, parks, residences, and entertainment districts. We look to education and enforcement to combat our traffic problems. An analysis of our collision data reveal there is an identifiable pattern of behavior, above and beyond impaired driving, such as distracted driving, safety violations, or some other common primary collision factor violations, which also leads to collisions. Simply issuing citations for these violations does not address the problem. We have seen success in the form of better coverage, more citizen contacts, educational events, and significant public relations with the increase of Traffic Enforcement, Distracted Driving, DUI Checkpoints and DUI Saturation Patrol categories. We are seeking funding in these categories as well as the "Know Your Limit"campaign to continue to bring awareness and enforcement to the public. 8/3/2020 1:48:34 PM Page 3 of 18 We also want to focus on new, innovative, and unique ways to combat impaired driving. We would like to complete random warrant checks on repeat offenders, surveillance of chronic offenders, as well as some unique saturation patrols, such as parking structure stings and checkpoints. We feel that technology has not been embraced as much as it could in the public sector and we intend on being on the forefront of technological developments. We are excited to research and develop new ways to communicate with the public via social media, as well as develop new enforcement techniques with the assistance of artificial intelligence. Many of our neighboring cities have smaller police departments with limited traffic enforcement resources, many having only one or two traffic officers. In addition, with grant funding, these agencies may be willing to help in collaborative efforts when are staffing is already stressed (such as major special events). We expect to have a mutually beneficial relationship with our local neighboring agencies, and would love to take the lead on coordinating collaborative efforts to reduce the number of traffic collisions and fatalities. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate and report data (as required) in the following campaigns, National Walk 10 to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol 12 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 law enforcement personnel to the NHTSA Standardized Field Sobriety 6 Testing SFST minimum 16 hours POST-certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 6 Driving Enforcement (ARIDE) 16 hour POST-certified training. 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 7. Send law enforcement personnel to the DIRE Recertification training. 2 8/3/2020 1:48:34 PM Page 4 of 18 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 6 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 9. Conduct DUI Saturation Patrol operation(s). 50 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary 75 crash factor violations. ' 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 28 drivers using hand held cell phones and textin . 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 4 during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 13. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 2 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 12 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 15. Conduct Traffic Safety educational presentation(s) with an effort to reach 4 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 16. Conduct Know Your Limit campaigns with an effort to reach members of the 6 community. 17. Conduct highly visible collaborative DUI Enforcement operations 10 18. Conduct highly visible collaborative Traffic Enforcement operations 5 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash Iocations.Media Requirements • Issue a press release announcing the kick-off of the grant by November 15, but no earlier than October 1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases and any related media advisories, alerts, and materials must be emailed for approval to the OTS Public Information Officer at pio(a_ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. 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 • Send all grant-related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pioCcDots.ca.gov, with a copy to your OTS Coordinator. The following requirements are for grant-related activities and are different from those regarding any grant kick-off release or announcement. 8/3/2020 1:48:34 PM Page 6 of 18 • If an OTS-supplied, template-based press release is used, there is no need for pre-approval, however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS-supplied 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 days prior to the release distribution date, but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time-valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre-publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio(a-)_ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant-related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio(a)-ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Space permitting, include the OTS logo, on grant-funded print materials; consult your OTS Coordinator for specifics and format-appropriate logos. • Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from any of the above requirements might be contemplated C. Phase 3— Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 8/3/2020 1:48:34 PM Page 6 of 18 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 Schedule B FUND NUMBER CATALOG FUND DESCRIPTION. TOTALAMOUNT NUMBER(CFDA), 164AL-21 20.608 Minimum Penalties for Repeat $681,800.00 Offenders for Driving While Intoxicated 402PT-21 20.600 State and Community Highway $163,500.00 Safety COST CATEGORY FUND UNIT COST OR' UNITS TOTAL COST TO NUMBER. . RATE. GRANT A. PERSONNEL COSTS Positions and Salaries Straight Time DUI Officer 1 164AL-21 $58.65 2,080 $121,992.00 Benefits - DUI Officer 1 @ 90% 164AL-21 $121,992.00 1 $109,793.00 DUI Officer 2 164AL-21 $58.65 2,080 $121,992.00 Benefits- DUI Officer 2 @ 90% 164AL-21 $121,992.00 1 $109,793.00 Overtime DUI/DL Checkpoints 164AL-21 $12,105.00 6 $72,630.00 DUI Saturation Patrols 164AL-21 $1,120.00 50 $56,000.00 Collaborative DUI Enforcement 164AL-21 $1,103.00 10 $11,030.00 Know Your Limit 164AL-21 $4,361.00 6 $26,166.00 Benefits for 164AL - OT @ 1.45% 164AL-21 $165,826.00 1 $2,404.00 Traffic Enforcement 402PT-21 $1,104.00 75 $82,800.00 Distracted Driving 402PT-21 $1,104.00 28 $30,912.00 Motorcycle Safety 402PT-21 $1,104.00 4 $4,416.00 Night-time Click It Or Ticket 402PT-21 $1,104.00 2 $2,208.00 Pedestrian and Bicycle Enforcement 402PT-21 $1,104.00 12 $13,248.00 Collaborative Traffic Enforcement 402PT-21 $1,104.00 5 $5,520.00 Benefits for 402PT- OT @ 1.45% 402PT-21 $139,104.00 1 $2,017.00 Category Sub-Total $772,921.00 B. TRAVEL EXPENSES In State Travel 402PT-21 $5,775.00 1 $5,775.00 $0.00 Category Sub-Total $5,775.00 C. CONTRACTUAL SERVICES Technology 164AL-21 $50,000.00 1 $50,000.00 Category Sub-Total $50,000.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS Traffic Control Devices 402PT-21 $673.00 4 $2,692.00 Lidar Device 402PT-21 $3,478.00 4 $13,912.00 Category Sub-Total $16,604.00 F. INDIRECT COSTS $0.00 8/3/2020 1:48:34 PM Page 7 of 18 Category Sub-Total $0.00 GRANT TOTAL $845,300.00 8/3/2020 1:48:34 PM Page 8 of 18 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 Schedule B-1 BUDGET NARRATIVE PERSONNEL COSTS DUI Officer 1 - Hours for officer dedicated strictly to DUI Enforcement. Benefits - DUI Officer 1 @ 90% -TOTAL BENEFIT RATE: 90.0% Retirement- 51% Supplemental Retirement- 4% Workers Compensation - 9% Health - 19% Other Medical - 4% Other Benefits - 3% DUI Officer 2 - Hours for officer dedicated strictly to DUI Enforcement. Benefits - DUI Officer 2 @ 90% -TOTAL BENEFIT RATE: 90.0% Retirement- 51% Supplemental Retirement- 4% Workers Compensation - 9% Health - 19% Other Medical - 4% Other Benefits - 3% DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement- Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit- Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Benefits for 164AL- OT @ 1.45% - Benefits breakdown: Medicare - 1.45% Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety- Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement- Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 8/3/2020 1:48:34 PM Page 9 of 18 Collaborative Traffic Enforcement- Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Benefits for 402PT - OT @ 1.45% - Benefits breakdown: Medicare - 1.45% TRAVEL EXPENSES In State Travel - 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 Lifesavers Conference in Long Beach, CA. All conferences, seminars or training not specifically identified in the 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. CONTRACTUAL SERVICES Technology -This is to fund a potential partnership with a technology company who can utilize emerging technologies to detect impaired drivers on the roadway. OTS and NHTSA approval is required prior to the development of a "scope of work" and awarding of the contract. EQUIPMENT OTHER DIRECT COSTS Traffic Control Devices - Grantee Agency may purchase and distribute to various locations traffic control devices to be used in temporary traffic control situations. Costs may include traffic cones, MUTCD compliant traffic signs, sign stands, barricades, lighting devices, traffic control wands, electronic flares Additional items may be purchased if approved by OTS. Each item must have a unit cost of less than $5,000 (including tax, shipping and installation). Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements. Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency. 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 here under. 8/3/2020 1:48:34 PM Page 10 of 18 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21028 Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59,AS AMENDED) Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place State in a high-risk grantee status in accordance with 49 CFR 18.12. The Officials named 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: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4— Highway Safety Act of 1966, as amended • 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 49 CFR Part 18- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • 23 CFR part 1300— Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 8/3/2020 1:48:34 PM Page 11 of 18 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FIR 74087-74100). The State highway safety agency- - Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non-Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a)through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), 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 (applies to subrecipients as well as States) 8/3/2020 1:48:34 PM Page 12 of 18 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. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) 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 (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 primary tier 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 prospective primary tier participant 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 prospective primary tier participant 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 or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 8/3/2020 1:48:34 PM Page 13 of 18 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal 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. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 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 the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (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/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 8/3/2020 1:48:34 PM Page 14 of 18 (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal 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, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal 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 proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 8/3/2020 1:48:34 PM Page 15 of 18 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions 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 proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably 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. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 8/3/2020 1:48:34 PM Page 16 of 18 State of California—Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access PT21028 Exhibit C INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director, Fiscal Official or Authorizing Official must sign and return it with the Grant Agreement. Grant D ., G Details, Grant Number: PT21028 Agency Name: Huntington Beach Police Department Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $845,300.00 Authorizing Official: Robert Handy Fiscal Official: Kathy Baldwin Grant Director: Thoby Archer Current-GEMS User(s) 1. Thoby Archer Title: Sergeant Media Contact: Yes Phone: (714) 374-1610 Email: tarcher@hbpd.org 2. Kathy Baldwin Title: Accounting Technician II Media Contact: No Phone: (714) 536-5935 Email: kbaldwin@hbpd.org 8/3/2020 1:48:34 PM Page 17 of 18 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 2 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 3 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 4 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 5 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number Form completed by: Date: As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. Signature Name Date Title 8/3/2020 1:48:34 PM Page 18 of 18