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HomeMy WebLinkAbout _ 4.9(a)--Accept OTS STEP Grant CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the following actions relative to the award of a California Office of Traffic Safety, Selective Traffic Enforcement Program grant: (1) Accept the grant in the amount of $127,000 to fund Redding Police Department overtime, training, and minor equipment to assist with additional traffic safety enforcement; (2) Authorize the City Manager, or designee, to execute the grant agreement and all subsequent documentation to complete the grant process; and (3) Adopt Resolution approving and adopting the 11th Amendment to City Budget Resolution No. 2023-060 appropriating said funds. Fiscal Impact This grant does not require matching funds. There is no negative fiscal impact in accepting this grant. Alternative Action The City Council could choose not to approve acceptance of the grant. The Redding Police Department (RPD) would lose the opportunity to focus additional efforts toward traffic enforcement. Background/Analysis In January 2023, RPD submitted a proposal to the Office of Traffic Safety (OTS) for its 2023 funding year, which begins October 1, 2023. RPD requested funding for the Selective Traffic Enforcement Program, to increase traffic safety enforcement and to purchase a traffic crash database system, in the amount of $163,388. MEETING DATE: September 5, 2023 ITEM NO. 4.9(a) FROM: ***APPROVED BY*** bschueller@reddingpolice.org btippin@cityofredding.org SUBJECT: 4.9(a)--California Office of Traffic Safety Selective Traffic Enforcement Program Grant Acceptance and Adopt Budget Resolution Bill Schueller, Chief of Police Report to Redding City Council August 28, 2023 Re: 4.9(a)--Accept OTS STEP Grant Page 2 The OTS recently notified RPD that the department’s proposal has been selected for funding in the amount of $127,000. The grant will fund overtime for the following traffic enforcement activities: enforcing speed limits, deterring aggressive driving, conducting DUI checkpoints, saturation patrols, motorcycle enforcement, and bicycle/pedestrian enforcement. Additionally, funding is provided for training, and checkpoint supplies. The traffic crash database system was not approved. This is a one-year grant lasting from October 1, 2023, through September 30, 2024. Environmental Review Accepting the grant is not a project as defined by the California Environmental Quality Act, therefore, no further action is required at this time. Council Priority/City Manager Goals • Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments ^Resolution 23-24 Submitted Application DRAFT Grant Agreement - PT24154 Resolution No. 2023 - ____________ A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 11TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060 APPROPRIATING THE CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT OF $127,000 FOR OVERTIME, TRAINING, AND MINOR EQUIPMENT FOR FISCAL YEAR 2023-2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2023-060 be and is hereby amended as follows: FUND DIVISION DESCRIPTION INCREASE DECREASE 102 1450 Police - Grants $127,000 THAT account titles and numbers requiring adjustments by this Resolution are as follows: USE SOURCE OF FUNDS OF FUNDS Decrease (Increase) Fund Balance 102-1450-3600403-00000 OTS STEP Grant 127,000$ Increase Expenditures 102-1450-6200102-00000 STEP OTS Grant 127,000$ Total 127,000$ 127,000$ THAT the purpose is to appropriate the California Office of Traffic Safety Grant of $127,000 for overtime, training, and minor equipment for fiscal year 2023-2024. I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the 5th day of September, 2023 and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MICHAEL DACQUISTO, Mayor ATTEST: FORM APPROVAL: SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney Application :: Page 1 of 16 Application Information Application No:24-004862 Application Type:STEP Agency (City or County):Redding Department (Police Dept, DA Office, etc): Redding Police Department Authorized Representative:Bill Schueller DUNS/SAM Number:XL3JUNNVFLL9 DUNS/SAM Expiration Date: 7/28/2023 DUNS/SAM Registered Address: 777 Cypress Avenue,DUNS/SAM City:Redding DUNS/SAM ZIP+4:96001-2718 Application Summary Grants Made Easy Application Titles and Descriptions are pre-populated. For General Grants, provide the Application Title and Application Description. Application Title: Selective Traffic Enforcement Program (STEP) Application 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. Application :: Page 2 of 16 Problem Statement: The Redding Police Department (RPD)Traffic Unit currently has four sworn officers, one community service officer and one parking enforcement officer. The primary job duty of the community service officer is to handle abandoned vehicles throughout the city. The primary job duties of the parking enforcement officer are to enforce parking regulations primarily in the City of Redding downtown core . This is the first time in numerous years that the Traffic Unit has been brought to full staffing including its non-sworn staff. However, the Traffic Unit does not have a full time sworn officer for the purposes of DUI enforcement, which was a portion of the unit in years past. RPD responded to 85,539 calls for service in 2022 which limited time available for proactive traffic enforcement, specifically for impaired driving. Less proactive enforcement results in fewer DUI and traffic enforcement in areas that are prone to traffic collisions. This limit in proactivity also affects the ability for officers to respond to neighborhood speed complaints and deal with habitual traffic offenders. RPD has recently added 17 new officer positions to include staffing an additional patrol beat for the City of Redding. To date, RPD has added 23 additional officers to fill these added positions, as well as 6 recruits in academies in anticipation of future vacancies . With additional staffing it is necessary to train the new officers to detect and enforce traffic and driving impaired laws. RPD continues to staff Office of Traffic Safety funded overtime enforcement and have met a majority of the goals and objectives for the 2022-2023 grant period. It is anticipated that the all the goals for 2023-2024 will be met with the addition of officers to the Redding Police Department. Currently four traffic officers and one sergeant are responsible for investigating all major injury and fatal traffic collisions. In addition to those duties, this traffic unit and officers are responsible for planning all major special events for the City of Redding, OTS grant coordination, field training for all new hires, educational presentations throughout the community and general traffic enforcement. It is the goal of the Redding Police Traffic Unit to reduced the number of fatal traffic collisions from the previous year. These goals can be met by increasing the number of traffic enforcement details to allow focus on the primary collision factors that are causing the serious / fatal traffic collisions, as well as using equipment to help better complete full investigations for successful prosecutions in heinous cases. In years past RPD had been fortunate to receive funding for a fulltime DUI Specialist through OTS. Since fiscal year 2021-2022 RPD has seen a decrease in the number of DUI arrests made and an increase in DUI related traffic collisions. It is the goal of the RPD to increase the number of officers in the areas of DUI detection and arrests to help reduce the number of DUI related collisions, as well as DUI in our community. Traffic Data Summary: City Applicants: Complete the table below using the most current local data and update the 20XX years in the table (do not use the OTS Rankings or SWITRS). County or State Applicants: Complete the table below using SWITRS data and update the 20XX years in the table. Crash Type 2020 2021 2022 Crashes Victims Crashes Victims Crashes Victims Fatal 7 7 12 12 7 7 Injury 495 175 325 440 377 484 Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol - Involved 2 54 2 54 0 23 0 28 1 29 1 34 Hit & Run 1 20 1 20 1 19 1 21 0 24 0 26 Nighttime (2100-0259 hours) 2 29 2 29 1 20 1 20 2 36 2 42 Top 3 Primary Crash Factors Fatal Injury Killed Injured #1 -22350 0 73 0 192 #2 -21650 1 32 1 68 #3 -23152 1 29 1 34 Application :: Page 3 of 16 Proposed Solution Equity: The Redding Police Department (RPD) values equity within the agency and our community. RPD’s officers are held to a strict Department policy addresses Bias Based Policing and are required to receive mandated training from California Peace Officer Standards and Training (POST). Officers are held accountable for their actions and expected to conduct enforcement and general policing fairly and equitably. It is our mission to maintain this same accountability during any grant operation. Officers assigned to grant operations will be reminded of Department’s policy regarding Bias Based Policing. Strategies: RPD will utilize all aspects of the anticipated OTS grant in a concerted effort to reduce traffic collisions and improve traffic safety within the City of Redding. RPD will also collaborate with the Anderson Police Department, Shasta County Sheriff’s Office, and Redding area California Highway Patrol (CHP) by conducting highly visible DUI enforcements, DUI checkpoints, and traffic operations in an effort to reduce the number of persons injured or killed in traffic collisions. These operations will be shared through the Redding Police Department Social Media platforms to help with education regarding the planned operations. The City of Anderson Police Department had received an 2022-23 OTS grant. RPD has mentored the Anderson Police Department in getting their traffic program up and running and has assisted with conducting DUI checkpoints in the jurisdictions of City of Anderson and the City of Shasta Lake. RPD looks forward to continuing to working with allied agencies in the areas of DUI enforcement and traffic enforcement with the goal of reducing DUI’s and traffic collisions within our communities. DUI saturation patrols have become an essential function for the RPD in an effort to combat DUI driving and collisions. Saturation patrols increase DUI patrol presence and can help deter DUI driving behaviors. These DUI saturation patrols are also scheduled during City of Redding major events, holidays and major sporting events such as the Super Bowl. OTS funded DUI checkpoints are used in conjunction with saturation patrols, and conducted in areas throughout the City of Redding with high visibility and known DUI activity. Social media has been a proactive and important tool that is utilized to assist in notifying, educating and informing the public the dangers of driving while intoxicated. While some of our checkpoints have resulted in DUI arrests and citations for unlicensed and suspended drivers, the true success of these checkpoints can be measured by the number of citizens that have been contacted and educated on the dangers of impaired driving in the community. With months of ideal motorcycle riding weather, both day and night, and miles of scenic roadways, Redding has a large number of motorcycle enthusiasts. Each year the City of Redding sees a large number of motorcycle riders utilizing the roadways within the city. It is the goal of RPD’s to support safe motorcycle operations by enforcing traffic laws Application :: Page 4 of 16 related to motorcycles and promote driver awareness regarding sharing the road with motorcycles. During the past OTS grant cycle, there was an increase in motorcycle collisions and fatalities within the City. In 2020 the RPD was ranked 3 of 106 in collision involving motorcycles. With the addition of two motorcycle officers the Traffic Unit of four officers and one supervisor will be able to focus on enforcement as a team throughout the City. RPD will also look to include collaborative enforcement with allied agencies as well as the use social media to publicize these enforcement details and provide education regarding awareness. Distracted driving continues to be an ongoing issue with drivers in the community, including new drivers. RPD would like to continue aggressive enforcement of distracted driving during the next cycle. These enforcement details would be in the form of individual details and highly visible team efforts. Knowing that social media is the new form of receiving and relaying information, RPD has a proactive social media team, which the supervisor and one traffic officer are a part of. These distracted driving details and educational material regarding distracted driving would be published through the social media platforms of the Redding Police Department. RPD has relied on OTS funding to assist in sending officers to critical training such as DRE, ARIDE and SFST trainings. These trainings are vital to the agency and to the OTS grant operations in keeping veteran officers qualified and providing new officers with the tools necessary to conduct DUI investigations, and using up to date best practice procedures for successful prosecutions. This past year RPD has hired nearly forty new officers, many as graduates from POST academies. These newest officers will need additional training in areas of SFST, ARIDE and DRE that was not received in the POST academy and field training to assist them with traffic enforcement, DUI detection, enforcement and investigations. Having proficiently trained officers will aid RPD in actively working towards lowering the number of DUI related collisions and fatal accidents in the City of Redding. Officers who have attended these trainings typically return with the enthusiasm and use the training effectively for DUI enforcement. Many of the new officers are looking to have advanced training in DUI and DRE. Its has remained the goal of the Department to have a DRE certified officer available on patrol shifts. RPD has been actively recruiting from the newest patrol staff for DRE positions. Recently there have been several officers that have shown interest in this role and have established a list for the DRE certification. This will assist in combating the recent rise in DUI cases that involve narcotic substances and combination DUI’s. RPD Traffic Unit is planning to sending two of the four assigned officers to SFST instructor school. Having two certified SFST instructors will allow RPD to host SFST / ARIDE training locally for the agency as well as the allied agencies in the area. Recently the SHIELD Training facility was established which provides a location for trainings to occur for public safety agencies. The SHIELD facility is sponsored by Shasta College and is a local training consortium. RPD has hosted POST approved classes through SHIELD for area allied agencies. RPD currently maintains a POST approved SFST lesson plan and has had two prior SFST instructors, who are no longer with the Department. The Redding Police Department Traffic Unit would like to utilize grant funding from OTS to help purchase a Bosch CDR Tool for future traffic collision investigations. A goal of the Redding Police Department Traffic Unit is to conduct consistent, thorough collision investigations, utilizing all tools necessary to provide a prosecutable case should it rise to that level. The Redding Police Department Traffic Unit works closely with the Shasta Application :: Page 5 of 16 County District Attorney’s Office and prosecutor on all major injury / fatal / DUI related collisions that have potential for prosecution. It is our goal to provide all evidence necessary in these investigations, and the use of the Bosch CDR Tool would allow us to obtain speed which has been a consistent factor with most recent collision investigations involving major injuries and fatalities. This past OTS grant cycle the Traffic Unit was responsible for handling twelve major injury/fatal traffic collisions within in the City of Redding. Of these twelve cases, six of them involved speed as a factor. Of those six cases, four have a possible prosecutable factor due to the speed. Recently the Traffic Unit has been requesting the assistance from CHP Northern Division MAIT in conducting vehicle Crash Data Retrieval (CDR). This process is done by utilizing the Bosch CDR Tool, which is commonly used for major injury and/or fatal traffic collisions. This tool allows access to crash data obtained during an event such as an airbag deployment, change of speed during an event, driver input and other factors before, during and post collision. The information obtained allows for further information related to the incident such as impact severity, steering input, accelerator input, ignition status and seatbelt status. During collision investigations this information gathered is crucial when trying to identify injuries, use of safety equipment and pre, at and post collision vehicular mechanics. With the current change in vehicle technology, majority of vehicles are now equipped with an anti-lock braking (ABS) system. For years collision investigations would rely on vehicle skid marks for speed calculations, and now with the invention of ABS systems, skid marks are often times not present in major collision scenes. The pre-collision data that could be obtained from the Bosch tool could also be used to judge the accuracy of speed calculations that were obtained from physical evidence that was obtained on scene such as skid marks. The Bosch CDR Tool can also be utilized in collisions that have no witnesses or survivors. The Traffic Unit had recently worked a single vehicle fatal traffic collision where speed was an obvious factor, and if this tool had been utilized, things such as the driver’s pre-collision input and speed would have been documented for this collision. Information that has been obtained from CDR data has been deemed admissible as evidence in court cases, however physical evidence, and contextual information must be utilized as well in court to prove reliability. This requirement of further evidence will provide Traffic Officers to continue to use all knowledge and tools in collision investigations available to them to provide an in-depth investigation. This will continue through the court process and provide officers the ability to testify to all factors in collision investigations that would be prudent for successful prosecutions. Our agency recognizes the importance of working with our allied agencies such as CHP in the areas of enforcement and investigations, and are thankful for their assistance. However, each request for this tool requires an approval from CHP MAIT command staff. If the assistance is approved, we are then tasked with scheduling around their on-going case investigations and availability. By owning the Bosch CDR Tool, the RPD will be able to work major injury/fatal traffic collisions in a timely fashion. It is a known fact that RPD would rely on CHP MAIT at times for questions and best practices in some cases, as it would relate in the use of the Bosch CDR Tool. By providing crash data evidence in some collision cases, the Redding Police Department and Shasta County District Attorney’s Office can utilize the justice system to help hold serious offenders accountable in collision investigations. This accountability can also be perceived by the community as educational in the fact that prosecution is a function of accountability, and that accountability can some times change behaviors. In the realm of collision investigations, the goal for RPD is to reduce the number of Application :: Page 6 of 16 collisions involving speed, DUI and distracted driving. Bosch is an American corporation Application :: Page 7 of 16 and qualifies under the Buy American Act. This tool is utilized by several law enforcement agencies through the State of California and the United States. Agency Qualifications: Moving into the 2023-2024 grant cycle, The Redding Police Department looks forward to its continued partnership with the California Office of Traffic Safety. Redding Police Department utilizes a Management Analyst and Traffic Sergeant to execute and monitor the STEP grant to ensure grant goals are met while effectively utilizing grant money to fund traffic enforcement overtime and purchase necessary equipment. Patrol personnel, both sworn and non-sworn, work hard to complete, and in many instances exceed, all of the grant objectives in addition to their regular duties and other overtime responsibilities. The Traffic Sergeant will continue to oversee the OTS STEP grant. The Traffic Sergeant is responsible for the day to day operations, press releases, social media posts, oversee collision investigations, and grant activities. In addition, the sergeant also coordinates with the allied agencies, Anderson Police Department, Shasta County Sheriff’s Office, CHP and non-profit organizations that share similar goals with OTS. This will be the Traffic Sergeants third year managing the OTS grant. The Traffic Sergeant has received extensive training regarding the expectations and requirements in managing OTS grants. The Redding Police Department Management Analyst has over 25 years of experience working for the City of Redding managing various grants. She currently oversees the 2022-2023 OTS STEP grant. She has attended several OTS grant meetings and familiar with the OTS grant expectations and requirements. All Redding Police Department personnel and volunteers have a comprehensive background check conducted before they participate in any department activities. Application :: Page 8 of 16 Goals Description Reduce the number of persons killed in traffic crashes. Reduce the number of persons injured in traffic crashes. Reduce the number of pedestrians killed in traffic crashes. Reduce the number of pedestrians injured in traffic crashes. Reduce the number of bicyclists killed in traffic crashes. Reduce the number of bicyclists injured in traffic crashes. Reduce the number of persons killed in alcohol-involved crashes. Reduce the number of persons injured in alcohol-involved crashes. Reduce the number of persons killed in drug-involved crashes. Reduce the number of persons injured in drug-involved crashes. Reduce the number of persons killed in alcohol/drug combo-involved crashes. Reduce the number of persons injured in alcohol/drug combo-involved crashes. Reduce the number of motorcyclists killed in traffic crashes. Reduce the number of motorcyclists injured in traffic crashes. Reduce hit & run fatal crashes. Reduce hit & run injury crashes. Reduce nighttime (2100 - 0259 hours) fatal crashes. Reduce nighttime (2100 - 0259 hours) injury crashes. Custom Description Objectives Included Target Number Description Yes 1 Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at , and copied to your OTS Coordinator, for approval 14pio@ots.ca.gov days prior to the issuance date of the release. Yes 8 Participate and report data (as required) in the following campaigns; Quarter 1: 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. Application :: Page 9 of 16 Yes 12 Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Yes 10 Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. Yes 10 Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. Yes 2 Send law enforcement personnel to the Drug Recognition Expert (DRE) training. Yes 2 Send law enforcement personnel to the DRE Recertification training. Yes 2 Send law enforcement personnel to SFST Instructor training. Yes 2 Send law enforcement personnel to DRE Instructor training. Yes 6 Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 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. Yes 25 Conduct DUI Saturation Patrol operation(s). No 0 Conduct Court Sting operation(s) to cite individuals driving to and from the court after having their driver's license suspended or revoked. Yes 1 Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court. Yes 0 Conduct Stakeout operation(s) that employ police officers to observe the "worst of the worst" repeat DUI offender probationers with suspended or revoked driver licenses. Yes 24 Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. Yes 3 Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. Yes 6 Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 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. No 0 Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). Yes 8 Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. Yes 4 Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. Yes 0 Conduct Know Your Limit campaigns with an effort to reach members of the community. Yes 3 Participate in highly visible collaborative DUI Enforcement operations. Yes 5 Participate in highly visible collaborative Traffic Enforcement operations. Yes 2 Send law enforcement personnel to DUI Checkpoint Planning and Management training. No 0 Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities. No 0 Conduct Illegal Street Racing and Modified Vehicle training classes for law enforcement personnel. No 0 Identify straight time personnel and report on activities completed. Include any vacancies or staff changes that have occurred. Application :: Page 10 of 16 Included Target Number Custom Description Method of Procedure Phase 1 - Program Preparation: 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. Phase 1 - Program Preparation Addendum: Phase 2 - Program Operations: Application :: Page 11 of 16 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 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 Nixle 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. Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. Application :: Page 12 of 16 Phase 2 - Program Operations Addendum: Phase 3 - Data Collection: 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. Phase 3 - Data Collection Addendum: Budget Personnel Costs Hourly Rates - When requesting hours for personnel, enter them as straight time or overtime (for Enforcement Overtime, please use section below) and include the amount of hours that they will spend on grant operations. Example: Personnel getting paid 100% by the grant working a full year at $41.00 per hour would be entered as Straight time, 2080 Units, $41.00 Unit cost or Rate, and 100% Percent Paid by Grant. This gives a total of $85,280.00 for the year. – If requesting benefits for personnel, enter all benefits as a separate line item for each. Start the Item NameBenefits with the word 'Benefits', enter the corresponding straight time or overtime total amount in the Unit Cost or Rate, and enter the Benefits Rate to have the system calculate Benefit Costs. (Unit Cost) X (Benefits Rate) = Benefit Costs. To properly relate benefits to the correct personnel line item use the Display Order field, for example use 100.0 for Display Order for the personnel line item and 100.1 for Display Order for the associated Benefits. Display Order Cost Category Item Name Position Type Benefit Rate Unit Cost or Rate Units Percent Paid by Grant Calculated Cost to Grant 199.0 A. Personnel Costs Benefits OT 1.45%$126,750.00 1 100.00%$1,837.88 Application :: Page 13 of 16 Display Order Cost Category Enforcement Activity Item Name Unit Cost or Rate Units Calculated Cost to Grant 110.0 A. Personnel Costs DUI/DL Checkpoints DUI/DL Checkpoints $6,000.00 6 $36,000.00 111.0 A. Personnel Costs DUI Saturation Patrols DUI Saturation Patrols $1,500.00 25 $37,500.00 112.0 A. Personnel Costs Traffic Enforcement Traffic Enforcement $750.00 24 $18,000.00 113.0 A. Personnel Costs Distracted Driving Distracted Driving $750.00 3 $2,250.00 114.0 A. Personnel Costs Motorcycle Safety Motorcycle Safety $750.00 6 $4,500.00 115.0 A. Personnel Costs Pedestrian and Bicycle Enforcement Pedestrian and Bicycle Enforcement $750.00 8 $6,000.00 116.0 A. Personnel Costs Collaborative Traffic Enforcement Collaborative Traffic Enforcement $750.00 5 $3,750.00 117.0 A. Personnel Costs Collaborative DUI Enforcement Collaborative DUI Enforcement $6,000.00 3 $18,000.00 118.0 A. Personnel Costs Warrant Service Operations Warrant Service Operations $750.00 1 $750.00 Personnel Costs:$128,587.88 Travel Expenses Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 200.0 B. Travel Expenses In State Travel $5,000.00 1 $5,000.00 Travel Expenses:$5,000.00 Contractual Services Do not include brand names or names of specific organizations. Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 300.0 C. Contractual Services Contractual Services $0.00 1 $0.00 Contractual Services:$0.00 Equipment (must have Unit Cost of at least $5,000) Do not include brand names or names of specific organizations. Please include an equipment quote in the Upload Documents Tab Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 400.0 D. Equipment Complete Traffic Crash Database System $22,000.00 1 $22,000.00 Application :: Page 14 of 16 Equipment:$22,000.00 Other Direct Costs (must have Unit Cost of less than $5,000, including tax and shipping) Do not include brand names or names of specific organizations. NOTE : When creating a new "Other Direct Cost" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative. Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 500.0 E. Other Direct Costs DUI Checkpoint Supplies $5,000.00 1 $5,000.00 501.0 E. Other Direct Costs PAS Device/Calibration Supplies $700.00 4 $2,800.00 Other Direct Costs:$7,800.00 Indirect Costs Item Name should indicate the % and the Cost Category for Indirect Costs e.g. 15% of Salaries and Benefits. Use the Percent Paid by Grant for the Indirect Rate and the Unit Cost or Rate field to indicate the total amount for which Indirect Costs will be claimed. The system will calculate the Cost to Grant. Indirect Cost Rate must be supported by a federally approved indirect cost rate letter and uploaded to the application. Display Order Cost Category Item Name Indirect Rate Amount Subject to Indirect Calculated Cost to Grant 600.0 F. Indirect Costs Indirect Costs $0.00 Indirect Costs:$0.00 Total Requested Funding:$163,387.88 Narrative Review Review and update Narrative for Budget Items Cost Category Item Narrative Custom Narrative Application :: Page 15 of 16 A. Personnel Costs DUI/DL Checkpoints Overtime for grant funded law enforcement operations conducted by appropriate department personnel. A. Personnel Costs DUI Saturation Patrols Overtime for grant funded law enforcement operations conducted by appropriate department personnel. A. Personnel Costs Traffic Enforcement Overtime for grant funded law enforcement operations conducted by appropriate department personnel. A. Personnel Costs Distracted Driving Overtime for grant funded law enforcement operations conducted by appropriate department personnel. A. Personnel Costs Motorcycle Safety Overtime for grant funded law enforcement operations conducted by appropriate department personnel. A. Personnel Costs Pedestrian and Bicycle Enforcement Overtime for grant funded law enforcement operations conducted by appropriate department personnel. A. Personnel Costs Collaborative Traffic Enforcement Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel A. Personnel Costs Collaborative DUI Enforcement Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel A. Personnel Costs Warrant Service Operations Overtime for grant funded law enforcement operations conducted by appropriate department personnel. A. Personnel Costs Benefits OT B. 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 (enter other known conferences or required events). 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. C. Contractual Services Contractual Services D. Equipment Complete Traffic Crash Database System A traffic crash database to collect, analyze, and display crash and enforcement data, including a full featured module for analysis, allowing queries for top ranking lists of locations, breakdowns by cause, type, injury, conditions, and many other attributes. Queries and Reports will be provided in a variety of formats including pie charts, bar charts, and summaries. The system provides for crash mapping on Google Earth, ESRI GIS, or similar mapping products. Costs may include laptop/desktop computers, software and licenses, printers, accessories, training, and associated shipping and taxes. E. Other Direct Costs 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). Application :: Page 16 of 16 E. Other Direct Costs PAS Device/Calibration Supplies Preliminary alcohol screening device to detect the presence of alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and accessories. F. Indirect Costs Indirect Costs Upload Documents (Optional) Please try to include all information in the application itself, but if necessary, upload additional documents here Document Name Update Date/Time Application Report 2023-02-01 00:20:04.pdf 1/31/2023 4:20 PM Q12781_Redding.pdf 1/31/2023 10:46 AM Evaluation, Support, and Submittal Evaluation, Support, and Submittal 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. Administrative Support: This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. Total Requested Funding: $163,387.88 8/21/2023 11:22:38 AM Page 1 of 16 State of California – Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT24154 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Redding From: To: 10/01/2023 09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT Redding 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: $127,000.00 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: TITLE: EMAIL: PHONE: ADDRESS: Mike DiMatteo Sergeant mdimatteo@reddingpolice.org (530) 225-4200 777 Cypress Avenue Redding, CA 96001 NAME: TITLE: EMAIL: PHONE: ADDRESS: Bill Schueller Chief bschueller@reddingpolice.org (530) 225-4211 777 Cypress Avenue Redding, CA 96001 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: TITLE: EMAIL: PHONE: ADDRESS: Michele Davis Management Analyst II mdavis@reddingpolice.org (530) 245-7157 777 Cypress Avenue Redding, CA 96001 NAME: TITLE: EMAIL: PHONE: ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) 8/21/2023 11:22:38 AM Page 2 of 16 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT TOTAL $127,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $127,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $127,000.00 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: REGISTERED ADDRESS: CITY: ZIP+4: XL3JUNNVFLL9 777 Cypress Avenue, Redding 96001-2718 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 8/21/2023 11:22:38 AM Page 3 of 16 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT24154 1. PROBLEM STATEMENT The Redding Police Department (RPD)Traffic Unit currently has four sworn officers, one community service officer and one parking enforcement officer. The primary job duty of the community service officer is to handle abandoned vehicles throughout the city. The primary job duties of the parking enforcement officer are to enforce parking regulations primarily in the City of Redding downtown core . This is the first time in numerous years that the Traffic Unit has been brought to full staffing including its non-sworn staff. However, the Traffic Unit does not have a full time sworn officer for the purposes of DUI enforcement, which was a portion of the unit in years past. RPD responded to 85,539 calls for service in 2022 which limited time available for proactive traffic enforcement, specifically for impaired driving. Less proactive enforcement results in fewer DUI and traffic enforcement in areas that are prone to traffic collisions. This limit in proactivity also affects the ability for officers to respond to neighborhood speed complaints and deal with habitual traffic offenders. RPD has recently added 17 new officer positions to include staffing an additional patrol beat for the City of Redding. To date, RPD has added 23 additional officers to fill these added positions, as well as 6 recruits in academies in anticipation of future vacancies . With additional staffing it is necessary to train the new officers to detect and enforce traffic and driving impaired laws. RPD continues to staff Office of Traffic Safety funded overtime enforcement and have met a majority of the goals and objectives for the 2022-2023 grant period. It is anticipated that the all the goals for 2023-2024 will be met with the addition of officers to the Redding Police Department. Currently four traffic officers and one sergeant are responsible for investigating all major injury and fatal traffic collisions. In addition to those duties, this traffic unit and officers are responsible for planning all major special events for the City of Redding, OTS grant coordination, field training for all new hires, educational presentations throughout the community and general traffic enforcement. It is the goal of the Redding Police Traffic Unit to reduced the number of fatal traffic collisions from the previous year. These goals can be met by increasing the number of traffic enforcement details to allow focus on the primary collision factors that are causing the serious / fatal traffic collisions, as well as using equipment to help better complete full investigations for successful prosecutions in heinous cases. In years past RPD had been fortunate to receive funding for a fulltime DUI Specialist through OTS. Since fiscal year 2021-2022 RPD has seen a decrease in the number of DUI arrests made and an increase in DUI related traffic collisions. It is the goal of the RPD to increase the number of officers in the areas of DUI detection and arrests to help reduce the number of DUI related collisions, as well as DUI in our community. 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. 8/21/2023 11:22:38 AM Page 4 of 16 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 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. 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: 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. 8 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 10 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 10 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. Send law enforcement personnel to SFST Instructor training. 2 9. Send law enforcement personnel to DRE Instructor training. 2 10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 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. 6 11. Conduct DUI Saturation Patrol operation(s). 20 12. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court. 1 13. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 20 14. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 3 15. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 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. 5 16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 6 17. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 2 8/21/2023 11:22:38 AM Page 5 of 16 18. Participate in highly visible collaborative DUI Enforcement operations. 3 19. Participate in highly visible collaborative Traffic Enforcement operations. 4 20. Send law enforcement personnel to DUI Checkpoint Planning and Management training. 2 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 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 Nixle 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 8/21/2023 11:22:38 AM Page 6 of 16 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.  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. 8/21/2023 11:22:38 AM Page 7 of 16 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT24154 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-24 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $94,000.00 402PT-24 20.600 State and Community Highway Safety $33,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-24 $6,000.00 6 $36,000.00 DUI Saturation Patrols 164AL-24 $1,500.00 20 $30,000.00 Warrant Service Operations 164AL-24 $750.00 1 $750.00 Collaborative DUI Enforcement 164AL-24 $6,000.00 3 $18,000.00 Benefits 164OT @ 1.45% 164AL-24 $92,250.00 1 $1,338.00 Traffic Enforcement 402PT-24 $750.00 20 $15,000.00 Distracted Driving 402PT-24 $750.00 3 $2,250.00 Motorcycle Safety 402PT-24 $750.00 5 $3,750.00 Pedestrian and Bicycle Enforcement 402PT-24 $750.00 6 $4,500.00 Collaborative Traffic Enforcement 402PT-24 $750.00 4 $3,000.00 Benefits 402OT @ 1.45% 402PT-24 $34,500.00 1 $500.00 Category Sub-Total $115,088.00 B. TRAVEL EXPENSES In State Travel 402PT-24 $4,000.00 1 $4,000.00 $0.00 Category Sub-Total $4,000.00 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 $5,112.00 1 $5,112.00 PAS Device/Calibration Supplies 164AL-24 $700.00 4 $2,800.00 Category Sub-Total $7,912.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $127,000.00 8/21/2023 11:22:38 AM Page 8 of 16 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT24154 BUDGET NARRATIVE PERSONNEL COSTS 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. Warrant Service Operations - 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 Benefits 164OT @ 1.45% - Medicare 1.45% Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 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 Benefits 402OT @ 1.45% - Medicare 1.45% TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include (enter other k nown conferences or required events). 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 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, r eflective 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). PAS Device/Calibration Supplies - Preliminary alcohol screening device to detect the presence of alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and accessories. INDIRECT COSTS - STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. 8/21/2023 11:22:38 AM Page 9 of 16 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. Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 8/21/2023 11:22:38 AM Page 10 of 16 State of California – Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT24154 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 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 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). 8/21/2023 11:22:38 AM Page 11 of 16 The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” 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 t o 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 Rig hts 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 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.C 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 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. 8/21/2023 11:22:38 AM Page 12 of 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 investigation s 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 agenc y, 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; 8/21/2023 11:22:38 AM Page 13 of 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 w as 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 s pecifically 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 par ticipant 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 8/21/2023 11:22:38 AM Page 14 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 (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS— PRIMARY TIER COVERED TRANSACTIONS 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance w as 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 8/21/2023 11:22:38 AM Page 15 of 16 otherwise ineligible to participate in covered transactions. To verify the eligibility of its prin cipals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION— LOWER TIER COVERED TRANSACTIONS 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 projec t 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 suc h 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. 8/21/2023 11:22:38 AM Page 16 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 Mes saging 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.