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Office of Traffic Safety (OTS) - 2023-10-17 (2)
SING o 2000 Main Street, Fa ti Huntington Beach,CA o : �� 9 92648 _t City of Huntington Beach APPROVED 7-0 9AC^ fb l 999 Yr \C�Q.�r 10/17/2023 File #: 23-843 MEETING DATE: 11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Sgt. Mike Thomas Subject: Approve and accept the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) and Pedestrian.and Bicycle Safety grants; authorize the Chief of Police to execute documents and approve appropriation and expenditure of funds Statement of Issue: On July 14, 2023, the Huntington Beach Police Department received notice from the California Office of Traffic Safety (OTS) that the City of Huntington Beach was tentatively awarded two new one-year traffic safety grants. The first, a Selective Traffic Enforcement Program (STEP) grant (Grant Number PT24089) provides funding in the amount of$800,000 to reimburse the City's costs associated with Sobriety/Driver License checkpoints, two full-time DUI enforcement officer positions, and focused and specific traffic enforcement operations. The STEP funds will also be used to raise awareness of the dangers of DUI through the Department's "Know your Limit" campaign which is an educational tool directly targeting would-be drivers inside drinking establishments. Collectively, these targeted enforcement and education efforts are designed to reduce DUI related traffic collisions, injuries and fatalities. The second OTS grant (Grant Number PS24016) is in the amount of$42,895 to reimburse costs associated with pedestrian and bicycle safety and education. Since there are far too many injury traffic collisions occurring in the city which involve pedestrians and bicyclists, these funds will allow for targeted education and media campaigns to raise awareness of the importance of remaining alert and attentive. Financial Impact: These one-year reimbursable grants are funded by the California Office of Traffic Safety in the amounts of$800,000 and $42,895, which are to be expended between October 1, 2023 and September 30, 2024. The appropriation request is fully offset by this revenue source. Recommended Action: City of Huntington Beach Page 1 of 3 Printed on 10/12/2023 powere254 LegistarTM File #: 23-843 MEETING DATE: 11/7/2023 A) Approve and accept the STEP and "Pedestrian and Bicycle Safety" grant agreements between OTS and the City of Huntington Beach for $800,000 and $42,895, respectively; and, B) Authorize the Chief of Police to execute the grant agreements with OTS; and, C) Approve appropriations and estimated revenue source in the amount of$800,000 and $42,895; and, D) Authorize the Chief of Police to establish separate business units for this funding and expend up to a total of$800,000 and $42,895 on the Selective Traffic Enforcement Program (STEP) grant and "Pedestrian and Bicycle Safety" grant. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: With the safety of its residents and visitors as the highest priority, the City of Huntington Beach recognizes the devastating impacts of impaired driving. The City also understands the effectiveness of enforcement both in terms of prevention and as a deterrent. Both grant funds will supplement the department's current efforts in reducing injury traffic collisions wherein DUI is a factor and will greatly enhance its ability to raise awareness across all modes of travel including vehicular, bicycle, and pedestrian traffic on City highways, streets and bike paths. The City of Huntington Beach is also currently undergoing several redevelopment roadway construction projects, which will add to both seasonal and normal vehicle traffic and pedestrian/bicycle related issues. In 2022, the police department investigated 780 injury traffic collisions, 74 of which were DUI related resulting in 155 injuries. Also during that time-period, the Police Department made 674 DUI arrests. This grant will allow us to use progressive and innovative enforcement techniques to increase DUI enforcement efforts, and continue to provide coverage with two full-time officers dedicated to DUI enforcement. In 2022, there were 310 collisions involving a pedestrian and/or bicycle. Of those collisions, 264 involved injuries and 12 resulted in death. We are seeking to use the proposed funding to increase traffic enforcement and expand public education to address and prevent traffic collisions resulting in injury and death. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): City of Huntington Beach Page 2 of 3 Printed on 10/12/2023 power&LegistarTM File #: 23-843 MEETING DATE: 11/7/2023 1. Agreement for OTS STEP Grant (Number PT24089) 2. Agreement for Pedestrian/Bicycle Safety Program Grant (Number PS24016) • City of Huntington Beach Page 3 of 3 Printed on 10/12/2023 powere25§/LegistarM State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24089 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Huntington Beach From: 10/01/2023 4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2024 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: $800,000.00 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: Eric Parra TITLE: Lieutenant Police Chief EMAIL: tarcher@hbpd.org eparra@hbpd.org PHONE: (714)374-1610 (714)536-5904 ADDRESS: 2000 Main Street 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 r1a�i11rcler Oct 9,2023 Eric Parra Oct 18,2023 ,Mlf..”1G5011 F.tfana lMl 11,2,111i:1i DU (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 Huntington Beach, CA 92648 Elk Grove, CA 95758 Rat.fel Eathoee Oct 18,2023 ,�., �i>wj. Oct 19,2023 (Signature) (Date) (Signature) (Date) APPROVED AS TO FORM ' f_3y; CCV 10/6/2023 10:10:40 AM MICHAEL E. GATES Page 1 of 19 CITY ATTORNEY CITY OF HUNTINGTON BEACH E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 8. SAM INFORMATION NAME: Carolyn Vu SAM#: LKKFRC4PW7L4 ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED Elk Grove,CA 95758 ADDRESS: 2000 Main Street CITY: Huntington Beach ZIP+4: 92648-2702 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $52,700.00 164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $219,300.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $425,700.00 402P1-24 20.600 0521-0890-101 2023 12/23 BA/23 $102,300.00 AGREEMENT $800,000.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $800,000.00 1 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 Oct 18,2023 $800,000.00 • 10/6/2023 10:10:40 AM Page 2 of 19 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24089 Schedule A 1. PROBLEM STATEMENT Huntington Beach is a unique city, given its population of over 200,000 people, its continued growth, miles of beachfront, large and expanding entertainment, populated hotel district, high traffic volume, and an estimated 16 million annual beach visitors. One thing that sets Huntington Beach apart, and provides continuing challenges to the police department, is the number of high-profile events that are regularly scheduled during the year. This includes the Surf City Marathon, AVP Volleyball competition, 4th of July Parade and Fireworks show, weekly Tuesday night downtown street fair, and the 9-day U.S. Open of Surfing. These events regularly draw large crowds,with the US Open of surfing drawing an estimated 500,000 visitors annually. People travel from all over California and the surrounding states to attend these events, which places a significant burden on the Huntington Beach Police Department for emergency services. With restrictions being largely lifted from the Covid-19 pandemic, the city has seen increasingly larger crowds visiting the miles of beach along our coastline throughout the year. As a result, our large beachfront hotels routinely fill to capacity.With these crowds come huge challenges, such as increased alcohol consumption, traffic congestion, and impaired driving. Over the past few years, the Huntington Beach Police Department has seen other problems emerge, such as increased homelessness. This has created a need to reallocate resources to non-traffic-related enforcement. As such, there has been a decrease in personnel assigned to the traffic bureau,which is far fewer than it was a decade ago. 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 loss, and increasing public safety. The Office of Traffic Safety currently funds two full-time DUI officers at our department, both of whom remain proactive and are enthusiastic about DUI enforcement. Both officers are SFST, DRE, and ARIDE certified. Since increasing our staffing for these specialty positions, the officers have played a major role in educating fellow patrol officers and being the go-to officers to evaluate suspected DUI drivers through SFST's at DUI Checkpoints and during their assigned patrol shifts. One of the DUI officers recently became a SFST instructor and will be conducting inter-department training as a result. Examining the crash data from recent years provides insights. There has been an increase in traffic-related fatalities and injuries, with 2022 having 17 fatalities and 1,105 injuries, up from 13 fatalities and 1,083 injuries in 2021. Driving under influence remains a significant factor, with alcohol-involved fatalities rising to 4 in 2022 from 1 in the previous year. Nighttime(between 2100-0259 hours) saw 4 fatal crashes in 2022, doubling from the previous year. Primary crash factors in recent years show unsafe speed as the leading cause, followed by driving under influence and improper turning. We have taken several unique approaches to try and better deploy our resources as it relates to DUI enforcement. For.example, we track various data related to our DUI arrests, including the establishment where an impaired driver was drinking, along with the location of the DUI arrest. This not only allows us to better understand what areas are best for targeted DUI enforcement, but our department also mails letters to bar owners whose patrons are arrested for DUI to make them better aware of the problem. Because we believe education is also very important in reducing instances of impaired drivers,we have embraced and helped establish the"Know Your Limit"campaign. Our department has been at the forefront of this program, and we have trained numerous other departments throughout Southern California. In addition, we continue to use social media to reach a large number of residents and visitors in Huntington Beach. Because Huntington Beach is a destination town that receives numerous visitors from outside the city, we have maintained one of the largest social media followings on Facebook (About 75,000 followersL 10/6/2023 10:10:40 AM Page 3 of 19 and Instagram (Over 37,000 followers). In comparison, several local agencies that are much larger than us, both inside and outside of Orange County, have a much smaller social media following. This puts us in a unique position to reach many people on these social media platforms,while spreading education and advice on traffic safety.During 2021,we posted dozens of posts related to our OTS funded operations. Besides impaired driving, our crash data reveals other significant contributors such as distracted driving and safety violations. In 2022, the number of pedestrians killed in traffic crashes rose to 10, while bicyclists injured surged to 219. Such statistics emphasize the importance of a holistic approach combining enforcement, education,visibility, and public relations to enhance traffic safety. Many of our neighboring cities have smaller police departments with limited traffic enforcement resources. With grant funding,we intend to continue our collaborative efforts to help bridge the gap when staffing is minimal and/or personnel are scheduled for other special events in our city.We are confident these partnerships help us gain ground toward our mutual goal of safer streets in our shared jurisdictions. 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; Quarter 1: 10 National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety i!.Aonth. 3. Develop(by December 31) and/or maintain a"DUI BOLO" 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 DUI BOLOs should be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 8 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 10/6/2023 10:10:40 AM • Page 4 of 19 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 8 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). 25 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary 50 crash factor violations. 11. Conduct highly publicized Distracted Driving enforcement operation(s)targeting 20 drivers using hand held cell phones and texting. 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 5 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 highly publicized pedestrian and/or bicycle enforcement operation(s) in 15 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 14. 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. 15. Conduct Know Your Limit campaigns with an effort to reach members of the 5 community. 16. Participate in highly visible collaborative DUI Enforcement operations. 5 17. Participate in highly visible collaborative Traffic Enforcement operations. 4 18.Send law enforcement personnel to DUI Checkpoint Planning and Management 1 training. 19. Identify straight time personnel and report on activities completed. Include any 2 vacancies or staff changes that have occurred. 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 in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • In order to develop/maintain the"DUI BOLOs," 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 DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs 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 locations. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15.deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. 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. 10/6/2023 10:10:40 AM Page 5 of 19 Media Requirements The following requirements are for all grant-related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed,the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still bu notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle.Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective)to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • . Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. 10/6/2023 10:10:40 AM. Page 6 of 19 If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage(broadcast,digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics,videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. • Contact the OTS P10 or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3—Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (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. 10/6/2023 10:10:40 AM Page 7 of 19 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24089 Schedule B .......... :':r��;:.:.!.:s: t::;:•:<:;••CATALOG..;:::::.::..•. ;:':::..:,..,;....•.:::.FUND.DESCRIPTION;•.. :,>....:.:.:.: ;.•. :i •.•:•:. .�.:....::.•... ..:.. .. ..:... :::::.:;::;FUNS;NUMBER, .>,.:, ... :... ........:.:�,..:::� •.........:...:.. .: :.•..:� . ..._.... ., ..:. • : : : .:.. ..:,..:•:.:.:::::::•... . . :::.: :..:•: :: ;:: ; :°:::::::::::::::: :::NUMBER CFDA ::::: ::::::;:; ::: :::.:;::;:: :::: :°•.:: . :::.:: •..:: ::::::;::,:;.::.:::: ::::; :: :::::;:.:::<:::.•:::. 164AL-24 20.608 } Minimum Penalties for Repeat $645,000.00 Offenders for Driving While Intoxicated 402PT-24 . 20.600 State and Community Highway $155,000.00 Safety .:::..:::..:: :� :•:.: :::: :.:..::: ;. ::•:;:::; .:•:.:• FUNq :' :UNIT:>COST:Oot ::::.UNITs..:•. :::..; TOTAL: ..oST'7:0; :g . .::::::::.:...:.::::.::_:: :::�:::.:...::. :::.::::.:;-:::::....., :.::::. ..::.. :::::.. :.. •NUMBE ;�:�: : :::::s< �:�RATB.. .... ::........:.: ..:.,. . •::.GRANT:::<.::::: :::: ; A. PERSONNEL COSTS Straight Time DUI Officer 164AL-24 $65.00 2,080 $135,200.00 Benefits- DUI Officer 1 164AL-24 $135,200.00 1 $112,216.00 DUI Officer 164AL-24 $65.00 2,080 $135,200.00 Benefits- DUI Officer 2 164AL-24 $135,200.00 1 . $112,216.00 Overtime DUI/DL Checkpoints 164AL-24 $7,500.00 8 $60,000.00 DUI Saturation Patrols 164AL-24 $2;700.00 25 $67,500.00 Collaborative DUI Enforcement 164AL-24 $1,200.00 5 $6,000.00 Know Your Limit 164AL-24 $2,700.00 5 $13,500.00 Traffic Enforcement 402PT-24 $1,740.00 50 $87,000.00 Distracted Driving 402PT 24 $1,700.00 20 $34,000.00 Motorcycle Safety 402PT-24 $1,200.00 5 $6,000.00 Pedestrian and Bicycle Enforcement 402PT-24 $1,200.00 15 $18,000.00 Collaborative Traffic Enforcement 402PT-24 $1,200.00 4 $4,800.00 Category Sub-Total $791,632.00 B. TRAVEL EXPENSES In State Travel 402PT-24 $5,200.00 1 $5,200.00 $0.00 Category Sub-Total $5,200.00 i C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-24 $3,168.00 1 $3,168.00 Category Sub-Total $3,168.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $800,000.00 10/6/2023 10:10:40 AM Page 8 of 19 State of California--Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT P724089 Schedule B-1' . .. . . i3UDGET..NA..,.. ..1......... PERSONNEL COSTS DUI Officer- Hours for officer dedicated strictly to DUI Enforcement. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term. Benefits- DUI Officer 1 -Total Benefit Rate: 83.0% Retirement-43% Supplemental Retirement- 2% Workers Compensation - 16% Health - 19% Other Medical- 1% Other Benefits-2% DUI Officer- Hours for officer dedicated strictly to DUI Enforcement. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term. Benefits- DUI Officer 2 -Total Benefit Rate: 83.0% Retirement-43% Supplemental Retirement- 2% Workers Compensation - 16% Health - 19% Other Medical- 1 Other Benefits-2% DUl/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. 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. Pedestrian and Bicycle Enforcement-Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel 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 OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. 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 EQUIPMENT OTHER DIRECT COSTS 10/6/2023 10:10:40 AM Page 9 of 19 DUI Checkpoint Supplies- On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28"traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may purchased if approved by OTS. The cost of food and beverages will.not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). 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. The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS). Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 10/6/2023 10:10:40 AM Page 10 of 19 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT P724089 Exhibit A Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants(23 U.S.C.Chapter 4 or Section 1906,Public Law 109-59,as amended by Section 25024,Public Law 117-58) 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 The State will comply with applicable statutes and regulations,including but not limited to: • 23 U.S.C.Chapter 4—Highway Safety Act of 1966,as amended; • Sec. 1906,Public Law 109-59,as amended by Sec.25024,Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway 3.fety 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 all subrecipients as well as States) The State highway safety agency[and its subrecipients]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); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3(U.S.Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • 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 19/.i and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include ail 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(preventing 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); • Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency(requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency(LEP)); • Executive Order 13985,Advancing Racial Equity and Support for Underserved Comnunrities through the Federal Government(advancing equity across the Federal Government);and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation(clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). The preceding statutory and regulatory cites hereinafter are referred to as the"Acts"and"Regulations,"respectively. GENERAL ASSURANCES 10/6/2023 10:10:40 AM Page 11 of 19 In accordance with the Acts,the Regulations,and other pertinent directives,circulars,policy,memoranda,and/or guidance,the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity,for which the Recipient receives Federal financial assistance from DOT, including NilTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI of the Civil Rights.Act of 1964 and other non-discrimination requirements(the Age Discrimination Act of 1975,and Section 504 of the Rehabilitation Act of 1973),by restoring the broad,institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient,so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically,and without limiting the above general Assurance,the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: •1. The Recipient agrees that each"activity,""facility,"or"program,"as defined in§21.23(b) and (c) of 49 CFR part 21 will be(with regard to an"activity")facilitated,or will be(with regard to a"facility")operated,or will be(with regard to a"program")conducted in compliance with all requirements imposed by,or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids,Requests For Proposals for work,or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and,in adapted form,in all proposals for negotiated agreements regardless of funding source: "The[name.of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat.252, 42 U.S.0 2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded frill and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3, The Recipient will insert the clauses of appendix A and E of this Assurance(also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Re.;nlations. • 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A,as a covenant running with the land,in any deed from the United States effecting or recording a transfer of real.property,structures,use,or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility,or part of a facility,the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of,or for the acquisition of,real property or an interest in real property,the Assurance will extend to rights to space on,over,or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A,as a covenant running with the land,in any future deeds,leases,licenses,permits,or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity,project,or program;and b. for the construction or use of,or access to,space on,over,or under real property acquired or improved under the applicable activity,project,or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program,except where the Federal financial assistance is to provide,or is in the form of,personal property,or real property,or interest therein,or structures or improvements thereon,in which case the Assurance obligates the Recipient,or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits;or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it,other recipients,sub-recipients,sub-grantees,contractors,subcontractors,consultants,transferees,successors in interest,and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts,the Regulations,and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts,the Regulations,and this Assurance. By signing this ASSURANCE,the State highway safety agency also agrees to comply(and require any sub-recipients,sub-grantees, contractors,successors,transferees,and/or assignees to comply)with all applicable provisions governing NHTSA's access to records, accounts,documents,information,facilities,and staff.You also recognize that you must comply with any program or compliance reviews,and/or complaint investigations conducted by NI-ITSA.You must keep records,reports,and submit the material for review 10/6/2023 10:10:40 AM Page 12 of 19 upon request to NHTSA,or its designee in a timely,complete,and accurate way.Additionally,you must comply with all other reporting,data collection,and evaluation requirements,as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants,loans,contracts, agreements,property,and/or discounts,or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S.Department of Transportation under the Highway Safety Grant Program.This ASSURANCE is binding on the State highway safety agency,other recipients,sub-recipients,sub-grantees,contractors,subcontractors and their subcontractors', transferees,successors in interest,and any other participants in the Highway Safety Grant Program.The person(s)signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988(41 U.S.C.8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace,and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling,rehabilitation,and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph(a); c. Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no • later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph(c)(2)from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions,within 30 days of receiving notice under subparagraph(c)(2),with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee,up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or Iocal health,law enforcement,or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY(HATCH ACT) (applies to all 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 all 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 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- awards at all tiers(including subcontracts,subgrants,and contracts under grant, loans,and cooperative agreements)and • that all subrecipients shall certify and disclose accordingly. 10/6/2023 10:10:40 AM Page 13 of 19 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'all 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.o 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 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 (hups://www.sam.zoW). 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 10/6/2023 10:10:40 AM Page 14 of 19 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 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:/Aitunr.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 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. 10/6/2023 10:10:40 AM Page 15 of 19 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 (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. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee,officer,or agent of a State or its subrecipient who is authorized in an official capacity to negotiate,make,accept,or approve,or to take part in negotiating,making,accepting,or approving any subaward,including contracts or subcontracts,in connection with this grant shall have,directly or indirectly,any financial or personal interest in any such subaward.Such a financial or personal interest would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein,has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents. a. The code or standards shall provide that the recipient's officers,employees,or agents may neither solicit nor accept gratuities,favors,or anything of monetary value from present or potential subawardees,including contractors or parties to subcontracts. b. The code or standards shall establish penalties,sanctions,or other disciplinary actions for violations,as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient,including its officers,employees,or agents,shall perform or continue to perform under a grant or cooperative agreement,whose objectivity may be impaired because of any related past,present,or currently planned interest, financial or otherwise,in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible,making an immediate and full disclosure in writing to NHTSA.The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information front the recipient.If a conflict of interest is found to exist,NHTSA may(a)terminate the award,or(b)determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past,present,or currently planned organizational, financial, contractual,or other interest(s)with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities,and which are related to this award.The interest(s)that require disclosure include those of any recipient,affiliate,proposed consultant,proposed subcontractor,and key personnel of any of the above.Past interest shall be limited to within one year of the date of award.Key personnel shall include any person owning more than a 20 percent interest in a recipient,and tine officers,employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all 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. 10/6/2023 10:10:40 AM Page 16 of 19 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 neww 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. • 10/6/2023 10:10:40 AM Page 17 of 19 State of California—Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic.Management System (GEMS) Access PT24089 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 authorizer.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. Grant Number: PT24089 Agency Name: Huntington Beach Police Department Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $800,000.00 Authorizing Official: Eric Parra Fiscal Official: Kathy Baldwin Grant Director: Thoby Archer CUR NT:; E SUSS S R9 G. .M R 1. Roman Altenbach Title: Sergeant Media Contact: No Phone: (714) 960=8811 Email: raltenbach@hbpd.org 2. Kathy Baldwin Title:Accounting Technician II Media Contact: No Phone: (714) 536-5935 Email: kbaldwin@hbpd.org 3. Chris Nesmith Title: Police Lieutenant Media Contact: No Phone: (714) 374-1577 Email: cnesmith@hbpd.org 4. Joshua Page Title: Sergeant Media Contact: No Phone: (714) 536-5667 Email:jpage@hbpd.org 5 Michael Thomas Title: Sergeant ' Media Contact: Yes Phone: (714) 960-8819 Email: mthomas@hbpd.org 10/6/2023 10:10:40 AM Page 18 of 19 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes❑ NoEl 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 El Add/Change ❑ Remove Access❑ Name Job Title Email address Phone number GEMS User 5 Add as a media contact? Yes❑ No❑ Add/Change El Remove Access El Name Job Title Email address Phone number Form completed by: ,,�MTM,f,7,1,r a n Date: Oct 6,2023 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. b' ,,aNPon Thoby Archer Signature Name Oct 9,2023 Grant Director Date Title 10/6/2023 10:10:40 AM Page 19 of 19 Grant Agreement - PT24089 Final Audit Report 2023-10-19 Created: 2023-10-06 By: Kristen Mickey(kristen.mickey@ots.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAAHkeYKU3HSJ4KwMpTsJnf-iilYi6i4L0 "Grant Agreement - PT24089" History n Document created by Kristen Mickey(kristen.mickey@ots.ca.gov) 2023-10-06-5:10:56 PM GMT. a Document emailed to mthomas@hbpd.org for signature 2023-10-06-5:11:04 PM GMT `5 Email viewed by mthomas@hbpd.org 2023-10-06-5:11:32 PM GMT di, Signer mthomas@hbpd.org entered name at signing as Michael Thomas 2023-10-06-6:44:43 PM GMT ta. Document e-signed by Michael Thomas(mthomas@hbpd.org) Signature Date:2023-10-06-6:44:45 PM GMT-Time Source:server RD. Document emailed to tarcher@hbpd.org for signature 2023-10-06-6:44:47 PM GMT. in Email viewed by tarcher@hbpd.org 2023-10-06-6:45:17 PM GMT ao. Signer tarcher@hbpd.org entered name at signing as Thoby Archer 2023-10-09-3:05:28 PM GMT Cto Document e-signed by Thoby Archer(tarcher@hbpd.org) Signature Date:2023-10-09-3:05:30 PM GMT-Time Source:server a Document emailed to Kathy Baldwin(kbaldwin@hbpd.org)for signature • 2023-10-09-3:05:32 PM GMT n Email viewed by Kathy Baldwin (kbaldwin@hbpd.org) 2023-10-10-1:36:16 PM GMT pa„F: Powered by TRAFAI ( Adobe sat�sv� Acrobat Sign 5 Email viewed by Kathy Baldwin(kbatdwin@hbpd.org) 2023-10-16-3:10:08 PM GMT t4 Document e-signed by Kathy Baldwin(kbatdwin@hbpd.org) Signature Date:2023-10-18-3:42:25 PM GMT-Time Source:server E? Document emailed to eparra@hbpd.org for signature 2023-10-18-3:42:27 PM GMT n Email viewed by eparra@hbpd.org. 2023-10-18-3:42:34 PM GMT dq. Signer eparra©hbpd.org entered name at signing as Eric Parra 2023-10-18-6:09:30 PM GMT dp. Document e-signed by Eric Parra (eparra@hbpd.org) Signature Date:2023-10-18-6:09:32 PM GMT-Time Source:server E . Document emailed to Carolyn Vu(Carolyn.Vu@ots.ca.gov)for signature 2023-10-18-6:09:34 PM GMT 5 Email viewed by Carolyn Vu(Carolyn.Vu@ots.ca,gov) 2023-10-18-6:32:15 PM GMT CSo, Document e-signed by Carolyn Vu(Carolyn.Vu@ots.ca.gov) Signature Date:2023-10-18 6:32:23 PM GMT-Time Source:server Document emailed to Barbara Rooney(barbara.rooney©ots.ca.gov)for signature 2023-10-18-6:32:25 PM GMT 5 Email viewed by Barbara Rooney(barbara.rooney@ots.ca.gov) 2023-10-19-5:30:51 PM GMT OP Document e-signed.by Barbara Rooney(barbara.rooney@ots.ca.gov) Signature Date:2023-10-19-5:31:04 PM GMT-Time Source:server Nc Agreement completed. 2023-10-19-5:31:04 PM GMT - Powered by YR AFFI Adobe T 4 FI Acrobat Sign State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24089 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Huntington Beach From: 10/01/2023 4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2024 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: $800,000.00 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: Eric Parra TITLE: Lieutenant TITLE: Police Chief EMAIL: tarcher@hbpd.org EMAIL: eparra©hbpd.org PHONE: (714)374-1610 PHONE: (714)536-5904 ADDRESS: 2000 Main Street ADDRESS: 2000 Main Street Huntington Beach,CA 92648 Huntington Beach, CA 92648 (Signature) (Date) (Signature) (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 Huntington Beach,CA 92648 Elk Grove,CA 95758 (Signature) (Date) (Signature) (Date) APPROVED AS TO FORM Cl(if 8/15/2023 4:52:26 PM MICHAET E.GATES CITY ATTORNEY Page 15gf 17 CITY OF HUNTINGTON BEACH E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#: LKKFRC4PW7L4 ADDRESS: 2208 Kausen Drive,Suite 300 REGISTERED Elk Grove,CA 95758 ADDRESS: 2000 Main Street CITY: Huntington Beach ZIP+4: 92648-2702 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT $800,000.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $800,000.00 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 $800,000.00 8/15/2023 4:52:26 PM Page 359117 State of California—Office of Traffic Safety GRANT NUMBER- GRANT AGREEMENT PT24089 Schedule A 1. PROBLEM STATEMENT Huntington Beach is a unique city, given its population of over 200,000 people, its continued growth, miles of beachfront, large and expanding entertainment, populated hotel district, high traffic volume, and an estimated 16 million annual beach visitors. One thing that sets Huntington Beach apart, and provides continuing challenges to the police department, is the number of high-profile events that are regularly scheduled during the year. This includes the Surf City Marathon, AVP Volleyball competition, 4th of July Parade and Fireworks show, weekly Tuesday night downtown street fair, and the 9-day U.S. Open of Surfing. These events regularly draw large crowds, with the US Open of surfing drawing an estimated 500,000 visitors annually. People travel from all over California and the surrounding states to attend these events, which places a significant burden on the Huntington Beach Police Department for emergency services. With restrictions being largely lifted from the Covid-19 pandemic, the city has seen increasingly larger crowds visiting the miles of beach along our coastline throughout the year. As a result, our large beachfront hotels routinely fill to capacity.With these crowds come huge challenges, such as increased alcohol consumption, traffic congestion, and impaired driving. Over the past few years, the Huntington Beach Police Department has seen other problems emerge, such as increased homelessness. This has created a need to reallocate resources to non-traffic-related enforcement. As such, there has been a decrease in personnel assigned to the traffic bureau, which is far fewer than it was a decade ago. 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 loss, and increasing public safety. The Office of Traffic Safety currently funds two full-time DUI officers at our department, both of whom remain proactive and are enthusiastic about DUl enforcement. Both officers are SFST, DRE, and ARIDE certified. Since increasing our staffing for these specialty positions, the officers have played a major role in educating fellow patrol officers and being the go-to officers to evaluate suspected DUI drivers through SFST's at DUl Checkpoints and during their assigned patrol shifts. One of the DUI officers recently became a SFST instructor and will be conducting inter-department training as a result. Our traffic-related fatalities and injury crashes have risen slightly from 2021. Driving under the influence remains one of the top primary crash factors, thus showing the continual issues related to impaired driving in Huntington Beach and the need for OTS grant funding. We have taken several unique approaches to try and better deploy our resources as it relates to DUI enforcement. For example, we track various data related to our DUI arrests, including the establishment where an impaired driver was drinking, along with the location of the DUI arrest. This not only allows us to better understand what areas are best for targeted DUI enforcement, but our department also mails letters to bar owners whose patrons are arrested for DUI to make them better aware of the problem. Because we believe education is also very important in reducing instances of impaired drivers, we have embraced and helped establish the"Know Your Limit"campaign. Our department has been at the forefront of this program, and we have trained numerous other departments throughout Southern California. In addition, we continue to use social media to reach a large number of residents and visitors in Huntington Beach. Because Huntington Beach is a destination town that receives numerous visitors from outside the city, we have maintained one of the largest social media followings on Facebook (About 75,000 followers) and lnstagram(Over 37,000 followers). In comparison, several local agencies that are much larger than us, both inside and outside of Orange County, have a much smaller social media following. This puts us in a 8/15/2023 4:52:26 PM Page Apf 17 unique position to reach many people on these social media platforms, while spreading education and advice on traffic safety. During 2021, we posted dozens of posts related to our OTS funded operations. A comprehensive analysis of our crash data reveals multiple factors that contribute to crashes, traffic injuries and traffic fatalities in Huntington Beach. These factors go beyond impaired driving and include distracted driving, safety violations, and other primary crash factors. Simply issuing citations for these violations does not address the entire problem. We believe that enforcement, education, high visibility, and public relation activities bolster our ability to fight these threats. Many of our neighboring cities have smaller police departments with limited traffic enforcement resources. With grant funding,we intend to continue our collaborative efforts to help bridge the gap when staffing is minimal and/or personnel are scheduled for other special events in our city.We are confident these partnerships help us gain ground toward our mutual goal of safer streets in our shared jurisdictions. 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; Quarter 1: 10 National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a "DUI BOLO" 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 DUI BOLOs should be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 8 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 8 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To 8/15/2023 4:52:26 PM Page ggf 17 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). 25 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary 50 crash factor violations. 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 20 drivers using hand held cell phones and texting. 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 5 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 highly publicized pedestrian and/or bicycle enforcement operation(s) in 15 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 14. Conduct Know Your Limit campaigns with an effort to reach members of the 4 community. 15. Participate in highly visible collaborative DUI Enforcement operations. 5 16. Participate in highly visible collaborative Traffic Enforcement operations. 4 17. Send law enforcement personnel to DUI Checkpoint Planning and Management 1 training. 18. Identify straight time personnel and report on activities completed. Include any 2 vacancies or staff changes that have occurred. 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 in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • In order to develop/maintain the"DUI BOLOs," 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 DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs 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 locations. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. 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 The following requirements are for all grant-related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 8/15/2023 4:52:26 PM Page Aef 17 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post.The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective)to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. 8/15/2023 4:62:26 PM Page A,pf 17 • Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3—Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (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. 8/15/2023 4:52:26 PM Page 762.117 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24089 Schedule B FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT NUMEiER:(CFDA) ' 164AL-24 20.608 Minimum Penalties for Repeat $645,000.00 Offenders for Driving While Intoxicated 402PT-24 20.600 State and Community Highway $155,000.00 Safety NUMBER RATE GRANT A. PERSONNEL COSTS Straight Time DUI Officer 164AL-24 $63.00 2,080 • $131,040.00 Benefits- DUI Officer 1 164AL-24 $131,040.00 1 $117,936.00 DUI Officer 164AL-24 $63.00 2,080 $131,040.00 Benefits- DUI Officer 2 164AL-24 $131,040.00 1 _ $117,936.00 Overtime DUI/DL Checkpoints 164AL-24 $7,500.00 8 $60,000.00 DUI Saturation Patrols 164AL-24 $2,700.00 25 $67,500.00 Collaborative DUI Enforcement 164AL-24 $1,200.00 5 $6,000.00 Know Your Limit 164AL-24 $2,700.00 4 $10,800.00 Traffic Enforcement 402PT-24 $1,740.00 50 $87,000.00 Distracted Driving 402PT-24 $1,700.00 20 $34,000.00 Motorcycle Safety 402PT-24 $1,200.00 5 $6,000.00 Pedestrian and Bicycle Enforcement 402PT-24 $1,200.00 15 $18,000.00 Collaborative Traffic Enforcement 402PT-24 $1,200.00 4 $4,800.00 Category Sub-Total $792,052.00 B. TRAVEL EXPENSES In State Travel 402PT-24 $5,200.00 1 $5,200.00 $0.00 Category Sub-Total $5,200.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-24 $2,748.00 1 $2,748.00 Category Sub-Total $2,748.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $800,000.00 8/15/2023 4:52:26 PM Page fldgf 17 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24089 Schedule B-9 .NARRATIVE PERSONNEL COSTS DUI Officer- Hours for officer dedicated strictly to DUI Enforcement. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term. Benefits- DUI Officer 1 -TOTAL BENEFIT RATE: 90.0% Retirement- 51% Supplemental Retirement-4% Workers Compensation -9% Health - 19% Other Medical-4% Other Benefits-3% DUI Officer- Hours for officer dedicated strictly to DUI Enforcement. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term. Benefits- DUI Officer 2 -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. 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. Pedestrian and Bicycle Enforcement-Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement-Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel 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 OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. 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 EQUIPMENT OTHER DIRECT COSTS 8/15/2023 4:52:26 PM Page sf 17 DUI Checkpoint Supplies-On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28"traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters(maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). 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. The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS). Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 8/15/2023 4:52:26 PM Page 205of 17 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24089 Exhibit A Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants(23 U.S.C.Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) 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 The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 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 all subrecipients as well as States) The State highway safety agency[and its subrecipients)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); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3(U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • 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 Il and II!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(preventing 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); • Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency(requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency(LEP)); • Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government(advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation(clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). 8/15/2023 4:52:26 PM Page zs6of 17 The preceding statutory and regulatory cites hereinafter are referred to as the"Acts"and°Regulations," respectively. GENERAL ASSURANCES In accordance with the Acts,the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance,the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements(the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance,the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each "activity,""facility,"or"program,"as defined in§21.23(b) and (e) of 49 CFR part 21 will be(with regard to an"activity")facilitated,or will be(with regard to a"facility")operated, or will be (with regard to a"program")conducted in compliance with all requirements imposed by,or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids,Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The[name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of appendix A and E of this Assurance(also referred to as DOT Order 1050.2A)in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits,or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project,or program;and b. for the construction or use of,or access to,space on,over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide,or is in the form of,personal property,or real property, or interest therein,or structures or improvements thereon, in which case the Assurance obligates the Recipient,or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits;or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors,consultants,transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts,the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts,the Regulations, and this Assurance. 8/15/2023 4:52:26 PM Page ' ,of 17 By signing this ASSURANCE,the State highway safety agency also agrees to comply(and require any sub-recipients, sub-grantees,contractors,successors, transferees, and/or assignees to comply)with all applicable provisions governing NHTSA's access to records, accounts, documents, information,facilities, and staff.You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA.You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way.Additionally, you must comply with all other reporting,data collection,and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements,property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program.This ASSURANCE is binding on the,State highway safety agency,other recipients, sub-recipients, sub-grantees,contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program.The person(s)signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988(41 U.S.C.8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph(c)(2)from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions,within 30 days of receiving notice under subparagraph(c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement,or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY(HATCH ACT) (applies to all 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 all 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 any cooperative agreement, and the extension,continuation, renewal,amendment, or modification of any Federal contract,grant, loan,or cooperative agreement; 8/15/2023 4:52:26 PM Page 268of 17 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-awards 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 subreclplents 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 all 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 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 8/15/2023 4:52:26 PM Page lh9of 17 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 (hffps;//www.sam.aov/). 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 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 became 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 8/15/2023 4:52:26 PM Page 270of 17 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 (hftps://www.sam.gov/j. 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 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 (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'. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer,or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer,or agent, any member of his or her immediate family, his or her partner,or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers,employees,or agents may neither solicit nor accept gratuities,favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties,sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. 8/15/2023 4:52:26 PM Page 16 of 17 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement,whose objectivity may be impaired because of any related past, present, or currently planned interest,financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may(a)terminate the award, or(b)determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present,or currently planned organizational, financial, contractual, or other interest(s)with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award.The interest(s)that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers,employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all 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. 8/15/2023 4:52:26 PM Page 272of 17 • State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS24016 1. GRANT TITLE Pedestrian and Bicycle Safety Program 2. NAME OF AGENCY 3. Grant Period Huntington Beach From: 10/01/2023 4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2024 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 pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $42,895.00 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*—QTS 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.dov. 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: Eric.Parra TITLE: Lieutenant TITLE: Police Chief EMAIL: tarcher@hbpd.org EMAIL: eparra@hbpd.org PHONE: (714)374-1610 PHONE: (714)536-5904 ADDRESS: 2000 Main Street ADDRESS: 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 (Signature) (Date) (Signature) (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 Huntington Beach,CA 92648 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) APPROVED AS TO FORM By: 9/1/2023 10:15:45 PM CITY MICHAEL E.ATTORNEYG8 Page f 16 CITY �� CITY OF HUNTINGTON REACH E. ACCOUNTING OFFICER QF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#: LKKFRC4PW7L4 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 $42,895.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $42,895.00 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 $42,895.00 9/1/2023 10:15:45 PM Page Mf 16 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS24016 Schedule A 1. PROBLEM STATEMENT Huntington Beach is a city with a population of over 200,000 people, which attracts over an estimated 16 million visitors annually. One thing that sets Huntington Beach apart, and provides continuing challenges to the police department, is the number of high-profile events that are regularly scheduled during the year. This includes the Surf City Marathon, AVP Volleyball competition, 4th of July Parade and Fireworks show(rated by the Department of Homeland Security as a SEAR LEVEL 2 Event),weekly Tuesday night downtown street fair, and the 9-day U.S. Open of Surfing. These events regularly draw large crowds, with the US Open of surfing drawing an estimated 500,000 visitors annually. it should be noted that all of the listed events take place on or adjacent to the beach, where many people choose to walk or ride their bikes, both on roadways and on the miles of bike path. With restrictions being largely lifted from the Covid-19 pandemic, the city has seen increasingly larger crowds visiting the miles of beach along our coastline throughout the year. As a result, our large beachfront hotels routinely fill to capacity.With these crowds come huge challenges, such as increased alcohol consumption, traffic congestion, and impaired driving. More importantly, all of these events are adjacent to a bike path that runs the length of the beach and borders Pacific Coast Highway. During the summer months and specific events, the pathway is congested with pedestrians, bicyclists, skateboards. Every year we have multiple injured pedestrians and bicyclists on Pacific Coast Highway and the bike path. In Huntington Beach, we not only have numerous adolescents who ride a bicycle as their only means of transportation but also have a significant population who elect to ride bicycles to alleviate traffic and parking issues, as well as the recreational cyclists who often choose to incorporate the scenic stretch of Pacific Coast Highway into their rides. As a newer challenge, the past few years have seen an increase in the use of electric bicycles. These electric bicycles not only create challenges to motorists but are often ridden unlawfully on the bike path and sidewalks, creating additional hazards to bicyclists and pedestrians. We continue to be one of the highest-ranked cities in bicycle and pedestrian-related crashes. According to the OTS crash ranking statistics from 2020 (The latest year which they are available), Huntington Beach is ranked 1st out of 61 cities in terms of bicyclists killed or injured, and 2nd in terms of bicyclists under 15 killed or injured in traffic crashes. We currently have a Pedestrian/Bicycle Education grant with OTS, and have formed partnerships with our Junior Lifeguard program to reach multiple underage bicyclists during the summer months. Due to the fact most people are walking and riding bicycles in the summer months,we are waiting until the months preceding summer to launch most of our education campaigns.We believe this to be very beneficial, as we are directly targeting adolescents, many of whom ride their bicycles and walk in and around the congested beach area. 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 pedestrians killed under age 15 in traffic crashes. 6. Reduce the number of pedestrians injured under age 15 in traffic crashes. 7. Reduce the number of pedestrians killed over age 65 in traffic crashes. 8. Reduce the number of pedestrians injured over age 65 in traffic crashes. 9. Reduce the number of bicyclists killed in traffic crashes. 10. Reduce the number of bicyclists injured in traffic crashes. 9/1/2023 10:15:45 PM Page Mf 16 11. Reduce the number of bicyclists under age 15 killed in traffic crashes. 12. Reduce the number of bicyclists under age 15 injured in traffic crashes. 13. Increase bicycle helmet usage. 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 in traffic safety fairs and/or community events with an effort to reach 4 individuals. 3. Work closely with community-based organizations at both the neighborhood and 1 community level with an effort to reach individuals. 4. Participate in the following campaigns: National Walk to School Day, National 4 Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month. 5. Conduct pedestrian and/or bicycle safety presentations at community groups with 3 an effort to reach individuals. 6. Conduct pedestrian and/or bicycle safety presentations with an effort to reach 8 youth. 7. Distribute pedestrian/bicycle safety items at no cost to youth or community 1 members in need, during bicycle rodeos, presentations,workshops, trainings, and community events to increase safety and visibility. 8. Develop bicycle and pedestrian safety educational materials to be distributed 1 during classroom presentations, workshops, and community events. 9. Conduct community outreach events with an effort to reach adults. 2 10. Conduct pedestrian safety presentations with an effort to reach older adults. 1 11. Conduct pre and post-grant activities bicycle helmet usage surveys during the 2 months of October(start of the grant) and September (end of the grant).A pre- survey will be required to determine the base year helmet use rate and a post- survey will be required to determine the operational rate. Upload completed survey to GEMS. 12. Distribute and properly fit bicycle helmets at no cost to community members in 300 need, at bicycle rodeos, schools,workshops, and community events. 13. Purchase bicycle helmets. 300 14. Conduct bicycle rodeos with an effort to reach youth. 4 3. METHOD OF PROCEDURE A. Phase 1 —Program Preparation (1st Quarter of Grant Year) • Develop operational plans to implement the"best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. Media Requirements • Issue a press release approved by the OTS PlO announcing the kick-off of the grant by November 15, but no sooner than October 1.The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS P1O. B. Phase 2—Program Operations (Throughout Grant Year) Media Requirements The following requirements are for all grant-related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pia@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 9/1/2023 10:15:45 PM Page VI 16 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • if an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt,from the OTS P1O approval process. The OTS PlO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are,exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PlO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns(Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective)to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand With anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. 1f unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. 9/1/2023 10:15:45 PM Page 79f 16 • Contact the OTS PIO or yqur OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3—Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (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 grants 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. • • 9/1/2023 10:15:45 PM Page mf 16 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS24016 Schedule B :t.:: �::: ::::.:: ::.:(:: .O ALA...O :::., ::::`: :FUND:NuMBEl2::: ::::; : :� :;:;CATAE:OG::..:::::.. .• ��.::�.� :FUNDDESCRIP.TION:::�:�::�.:.::::::: j . N :: :. ...:::�.:::::::::;: . .. .................. ..... ..... ! 1 402PS-24 20.600 State and Community Highway $42,895.00 Safety .`C o S .oi !:::PNI s i`. ToTAL'Cosr:To.'::: .: : : .:: '.. .:COST:CATEGORY`` ;::;;°;'' ` : :..: : :;.: :FUND:�:: ::::: :`....NI7 ..Q..T: ... :�. ...::. .. : �...... .::.�::::.:..: : ,:. .: :...:.... .: :.:::.::: � :..�.:•.:.:.:::::::::;::::.:::;:.;:::::::::;:.:::.::.::::::.:::.:::::: :..: :::,:::::...: .:.:Ii11UMBER:::.:: :;::::�::, RAT. A. PERSONNEL COSTS Straight Time $0.00 Overtime Traffic Safety Fairs and/or Community 402PS-24 $2,080.00 4 $8,320.00 Events Ped/Bike Community Group Safety : 402PS-24 $1,040.00 3 $3,120.00 Presentations Ped/Bike Youth Presentations 402PS-24 $1,040.00 8 $8,320.00 Ped/Bike Older Adult Presentations 402PS-24 $1,040.00 1 $1,040.00 Adult Community Outreach Events 402PS-24 _ $1,040.00 2 $2,080.00 Helmet Usage Surveys 402PS-24 $360.00 2 $720.00 Youth Bike Rodeos 402PS-24 $2,080.00 4 $8,320.00 Category Sub-Total $31,920.00 B. TRAVEL EXPENSES $0.00 $0.00 Category Sub-Total $0.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS Bicycle Helmets 402PS-24 $15.00 300 $4,500.00 Pedestrian/Bicycle Safety Items 402PS-24 $4,500.00 1 $4,500.00 Educational Materials 402PS-24 $1,975.00 1 $1,976.00 Category Sub-Total $10,975.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $42,895.00 9/1/2023 10:15:45 PM Page 279 f 16 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS24016 Schedule B-1 RATI E ...NAR B PERSONNEL COSTS Traffic Safety Fairs and/or Community Events-Overtime for grant-funded participation in traffic safety fairs and/or community events by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 8 Hours x 2 Officers = $2,080 per Event PedlBike Community Group Safety Presentations -Overtime for grant-funded pedestrian and/or bicycle safety presentations for community groups, youth and older adults conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 4 Hours x 2 Officers = $1,040 per Event PedlBike Youth Presentations-Overtime for grant-funded pedestrian and/or bicycle safety presentations for youth under the age of 18 conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified.The department will not be claiming overtime benefits. $130 x 4 Hours x 2 Officers= $1,040 per Event PedlBike Older Adult Presentations -Overtime for grant-funded pedestrian and/or bicycle safety presentations for older adults conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 4 Hours x 2 Officers = $1,040 per Event Adult Community Outreach Events -Overtime for grant-funded pedestrian and/or bicycle community outreach events conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 4 Hours x 2 Officer= $1,040 per Event Helmet Usage Surveys-Overtime for grant-funded pre-and post-grant bicycle helmet usage surveys conducted by appropriate department personnel during the months of October(start of grant) and September(end of grant).A pre-survey will be required to determine the base year helmet use rate and a post-survey will be required to determine the operational rate. Upload completed survey to GEMS. Claim should reflect actual costs up to the rate specified.The department will not be claiming overtime benefits. $60 x 6 Hours x 1 Officer= $550 per Event Youth Bike Rodeos-Overtime for grant-funded bicycle rodeos for youth conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits. $130 x 4 Hours x 4 Officers = $2,080 per Event TRAVEL EXPENSES CONTRACTUAL SERVICES EQUIPMENT OTHER DIRECT COSTS Bicycle Helmets- Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of$15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS. Helmets to be distributed during bicycle rodeos and other bicycle safety-related events. Cost per helmet not to exceed a maximum average price of$15, 9/1/2023 10:15:45 PM PageAoof 16 before adding shipping, handling and tax. More expensive helmets may be purchased if preapproved by OTS. Pedestrian/Bicycle Safety Items- Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS. Educational Materials- Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by QTS. INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 9/1/2023 10:15:45 PM Page pf 16 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS24016 Exhibit A Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants(23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) 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 The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 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 all subreciplents as well as States) The State highway safety agency[and its subrecipients]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 stet. 252), (prohibits discrimination on the basis of race,color, national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title Vi of the Civil Rights Act of 1964); • 28 CFR 50.3(U.S. Department of Justice Guidelines for Enforcement of Title Vi of the Civil Rights Act of 1964); • 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 it 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(preventing 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); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency(LEP)); • Executive Order 13985,Advancing Racial Equity and Support for Underserved Communities through the Federal Government(advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation(clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). 9/1/2023 10:15:45 PM Page 218q of 16 The preceding statutory and regulatory cites hereinafter are referred to as the"Acts"and"Regulations," respectively. GENERAL ASSURANCES In accordance with the Acts,the Regulations, and other pertinent directives,circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements(the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each"activity,""facility,"or"program,"as defined in§21.23(b)and(c)of 49 CFR part 21 will be(with regard to an"activity")facilitated, or will be(with regard to a"facility") operated,or will be (with regard to a"program")conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The[name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252, 42 U.S.0 2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of appendix A and E of this Assurance(also referred to as DOT Order 1 050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project,or program;and b. for the construction or use of,or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program,except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein,or structures or improvements thereon, in which case the Assurance obligates the Recipient,or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits;or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients,sub-grantees, contractors, subcontractors,consultants,transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts,the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts,the Regulations, and this Assurance. 9/1/2023 10:15:45 PM Page 1813of 16 By signing this ASSURANCE,the State highway safety agency also agrees to comply(and require any sub-recipients, sub-grantees,contractors,successors,transferees, and/or assignees to comply)with all applicable provisions governing NHTSA's access to records, accounts, documents, information,facilities, and staff.You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports,and submit the material for review upon request to NHTSA, or its designee in a timely, complete,and accurate way.Additionally,you must comply with all other reporting, data collection, and evaluation requirements,as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program.This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s)signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988(41 U.S.C.8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph(a); c. Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions,within 30 days of receiving notice under subparagraph(c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY(HATCH ACT) (applies to ail subreclplents 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 all 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 any cooperative agreement, and the extension,continuation, renewal,amendment, or modification of any Federal contract,grant, loan, or cooperative agreement; 9/1/2023 10:15:45 PM Page tIg4of 16 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-awards 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 all 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 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 9/1/2023 10:15:45 PM Page2'3R of 16 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 (httns://www.sam.gov4. 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 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 9/1/2023 10:15:45 PM Page 4�of 16 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 (ht(ps:/Iwww.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 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 (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. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee,officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities,favors,or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties,sanctions,or other disciplinary actions for violations,as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. 9/1/2023 10:15:45 PM Page;IA of 16 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents,shall perform or continue to perform under a grant or cooperative agreement,whose objectivity may be impaired because of any related past, present, or currently planned interest,financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may(a)terminate the award,or(b)determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present,or currently planned organizational, financial,contractual, or other interest(s)with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s)that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor,and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all 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. 9/1/2023 10:15:45 PM Page 186sof 16 Moore, Tania From: Fikes, Cathy Sent: Monday, October 16, 2023 11:03 AM To: Agenda Alerts Subject: FW: Public Comment Items 18 & 19, Tuesday, October 17, 2023 From:qw<channelfrequency@gmail.com> Sent:Sunday, October 15, 2023 10:11 PM To: CITY COUNCIL(INCL. CM0 STAFF)<city.council@surfcity-hb.org> Subject: Public Comment Items 18& 19,Tuesday, October 17, 2023 Dear City Council, I support Item 18. Please, following visibility requirements & riding on the correct side of the road must be better enforced. I oppose Item 19. No. 1 - If there were forged signatures at a voting booth, investigators & counter-identity theft analysis should be at hand to the registrar of voters. Voter ID & monitors would much more easily be compromised at any time & drastically increase the possibility of large-scale voter fraud. According to the Heritage Foundation there were only 6 cases of voter fraud in California in 2022. No. 2. - This item doesn't allow International Maritime Signal Flags to be flown on city hall. No. 3 - This item allows the city charter to be summoned as an agreement to cancel meetings regardless of a city council vote. This increases the likelihood of mishandling core functions & states of emergency. Non-agendized. Please refill the empty Boston Market & surrounding commerce at Golden-Warner Centers accordingly, this is a content area. Not attending to basic commercial duties is a recurring question I have. I oppose Items 9 & 20 - Please let the librarians do their jobs according to the law. I oppose Item 21 - There's no executive order from the president for city councils to take positions on Israel vs Hamas. There could also be false information. Out of respect for our military operations, please stick to city matters. Please don't limit prayers, education& ideas. Once again, I urge for a major increase in archaeological dig sites for undiscovered technology. I hope for consensus to continue being established. SUPPLEMENTAL COMMUNICATION - Ben P. 10/17/2023 Ma&mg Date: i 18 (23-843) Agenda Item No.;