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Home My WebLink AboutAgenda Report - September 16, 2015 C-10AGENDA ITEM C'M10 J"- CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing Lodi Police Department to Participate in the Selective Traffic Enforcement Program Grant Funded by the Office of Traffic Safety and Appropriate Funds in the Amount of $121,400 MEETING DATE: September 16, 2015 PREPARED BY: Chief of Police RECOMMENDED ACTIONS Adopt resolution authorizing Lodi Police Department to participate in the Selective Traffic Enforcement Program Grant funded by the Office of Traffic Safety and appropriate funds in the amount of $121,400. BACKGROUND INFORMATION: Lodi has a significant problem with alcohol and speed -related fatal and injury collisions, including those involving pedestrians, bicyclists, hit-and-run drivers, and motorcyclists. The OTS develops rankings based on the Statewide Integrated Traffic Records System data for collisions reported by agencies other than the California Highway Patrol. In the most recent rankings from 2011, Lodi ranks 37th out of 103 California municipalities in the 50,000 to 100,000 population category for most collisions. To address DUI, the Lodi Police Department deploys existing officers on weekend and holiday evenings for DUI saturation enforcement and will conduct eight DUI checkpoints during the grant period. The grant includes motorcycle saturation enforcement, bicycle/pedestrian enforcement, and general traffic safety enforcement. To address hit-and-run collisions, the Lodi Police Department will conduct driver's license checkpoints at all DUI checkpoints. By adopting this resolution, the Lodi Police Department will receive $121,400 in grant funding from the Office of Traffic Safety (OTS) to implement a comprehensive traffic safety enforcement program to reduce fatal and injury collisions where the primary collision factor is driving under the influence (DUI) or speed. The project will strive to reduce motorcycle involved fatal and injury collisions, and bicycle/pedestrian involved collisions. With Council approval, the City of Lodi and State of California OTS will enter into an agreement that provides $121,400 to the City to fund enhanced enforcement, grant -required training, and the purchase of related materials and equipment. Adopt Resolutions Authorizing the Lodi Police Department to Participate in the Selective Traffic Enforcement Program Grant funded by the Office of Traffic Safety and Appropriate Funds ($121,400) September 16, 2015 Page Two FISCAL IMPACT: This grant will allow the City to conduct education and enforcement without using General Fund dollars. FUNDING AVAILABLE: 2015/2016 DUI Selective Traffic Enforcement Program Grant (21299000) Jordan Ayers Deputy City ager/Internal Services Director Tod Patterson Interim Chief of Police TP/pjo cc: City Attorney State of California — Office of Traffic Safety GRANT AGREEMENT - Page 1 OTS -38 (Rev. 4/15) GRANT NUMBER PT1644 1. GRANT TITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) 2. NAME OF AGENCY 4. GRANTPERIODCITY OF LODI From: 10/1/15 3. AGENCY UNIT TO ADMINISTER GRANT POLICE DEPARTMENT To: 9/30/16 5. GRANT DESCRIPTION To reduce the number of persons killed and injured in traffic crashes involving alcohol and other primary collision factors, "best practice" strategies will be conducted. The funded strategies may include: DUI checkpoints, DUI saturation patrols, warrant service operations, stakeout operations, a "HOT Sheet" program, educational presentations, and court stings. The program may also concentrate on speed, distracted driving, seat belt enforcement, operations at intersections with disproportionate numbers of traffic crashes, and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 121,400.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A (OTS -38b) — Problem Statement, Goals and e Exhibit A —Certifications and Assurances Objectives and Method of Procedure ■ Exhibit B* - OTS Grant Program Manual • Schedule B (OTS -38d) — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) ■ Schedule B-1 (OTS -38f) —Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: m-Arw.ots.ca.Igov. 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 A eement has been executed by the parties hereto. 8. APPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Shad Canestrino PHONE: 209-333-5517 NAME: Steve Schwabauer PHONE: 209-333-2402 TITLE: Lieutenant FAx: 209-333-6792 TITLE: City Manager FAx: 209-333-6807 ADDRESS: 215 W Elm St. ADDRESS: 221 W. Pine St. Lodi, Ca. 95240 Lodi, Ca. 95240 E-MAIL: SC nes#rind a[,ipd.locli.gvv E sschwabauer@lodi.gov t"7q [1C t I ( gnalure) (Date) (.Signaiar (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: Ruby Paiste PHONE: 209-333-2591 NAME: Finance Department TITLE: Financial Services Director FAx: 209-333-6795 ADDRESS: 310 W. Elm St. ADDRESS: 310 W. Elm St. Lodi, Ca. 95240 Lodi, Ca. 95240 9. DUNS NUMBER F -MAIL: rpaiste@lodi.gov DuNs #: 020004552 � REGISTERED ADDRESS& 221 W Pine St. (Signature) (Date) ZIp: Lodi, CA 95240-2019 Approved as to 14111 tturney GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. P --T-1644 PAGE 1 1. PROBLEM STATEMENT During 2012, the State of California had a total of 164,454 fatal and injury traffic collisions: 2,758 fatal; and 159,696 injury. Despite about a 1.5% increase in the number of people killed (2816 vs. 2857) compared to 2011, this is still one of the lowest levels since 1975. For 2012 the City of Lodi had 243 fatal and injury traffic collisions: 0 fatal and 333 injured. For 2013 the City of Lodi had 229 fatal and injury traffic collisions: 10 fatalities and 301 injured. In 2013 the City of Lodi saw a 700% increase, compared to 2011, and a 1000% increase, compared to 2012, in the number of traffic collision fatalities. In the State of California in 2011, there were 1,597 vehicle occupants (excluding bicyclist, pedestrian, motorcyclist/moped, emergency vehicle, and buses) killed, with 434 not using safety equipment, and 167,980 injured, with 8,344 not using safety equipment. In the City of Lodi in 2013 there were 8 vehicle occupants, 6 of whom were not using safety equipment, 1 pedestrian and 1 motorcycle rider killed in fatal traffic collisions. In the State of California in 2012, there were 435 motorcyclist victims killed. This represents an increase of 4.6 percent from the 415 motorcyclists killed in the State in 2011. During this same time, 2010 compared to 2011, the number of licensed motorcycle riders in the State increased by 3.1 %. The City of Lodi saw no change in the number of motorcycle related traffic fatalities as there was 1 each year in 2012, 2013 and 2014. In the State of California in 2011, alcohol -impaired driving fatalities [fatalities in crashes involving a driver or motorcycle rider (operator) with a blood alcohol concentration (BAC) of 0.08 grams per deciliter (g/dL) or greater] matched our historic low of 774 in 2010. The 774 figure is the lowest DUI death total ever. In 2012 that DUI death toll rose to 802. As a percent of total fatalities, alcohol -impaired fatalities increased from 27 percent in 2011 to 28 percent in 2011. This number has remained virtually unchanged in the past 3 years and DUI arrests dropped in 2011 to 180,212 as compared to 195,897 in 2010. The 2011 DUI arrest figure represents the lowest DUI arrests since 2002. In the City of Lodi there were 0 alcohol -impaired driving fatalities in 2011 and 2012, but in 2013 7 of the 10 traffic fatalities were alcohol -impaired. In 2014 one traffic fatality was drug related. In the City of Lodi the number of DUI arrests was almost the same for 2011 and 2012; 281 for 2011 and 290 for 2012. According to OTS rankings for cities our size, Lodi ranks 92 out of 102 in DUI arrests. In 2011 in the State of California, DUI, improper turning and unsafe speed were the top three primary collision factors in fatal collisions. In 2013 in the City of Lodi, DUI was the PCF for 7 fatal collisions, failure to yield was the PCF for 1 fatal collision, and unsafe starting was the PCF for 1 fatal collision. The PCF for 1 fatal collision has yet to be determined, but unsafe speed was a contributing factor in most of these collisions. In 2014, the City of Lodi had one traffic fatality where DUI was the primary collision factor. According to OTS commissioned observational surveys of cell phone use by drivers within the state, non hands-free texting and talking on cell phones continues to be a problem. In 2012 the overall rate was 10.8 percent of drivers on the road using cell phones at any given daylight time, up from 7.3 percent in 2011. Although observed cell phone use increases were seen across all age groups, 16 to 25 year olds showed a dramatic rise, doubling from 9 percent to 18 percent. OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION --GRANT No. PT -1644 PAGE 2 The problem of drugged driving continues to rise. Based on data from the National Highway Traffic Safety Administration, 38 percent of all drivers who were killed in motor vehicle crashes in California in 2012 tested positive for legal and/or illegal drugs, a percentage that has been increasing every year since 2006. A. Traffic Data Summary: Collision 2012 2013 2014 Ty e Collisions Victims Collisions Victims Collisions Victims Fatal 0 0 5 10 2 2 Injury 243 336 229 295 273 324 Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol- 0 75 0 25 2 59 7 37 1 62 1 29 Involved Hit & Run 0 27 0 36 0 40 0 46 0 29 0 36 Nighttime 0 17 0 23 2 27 2 33 0 28 0 30 (2100-0259 hours) Top 3 Primary Collision Factors Fatal Injury Killed Injured 41- 22350 0 28 0 32 #2- 22107 1 20 1 26 #3 - 21802A 0 16 0 18 2. PERFORMANCE MEASURES A. Goals: 1) To reduce the number of persons killed in traffic collisions. 2) To reduce the number of persons injured in traffic collisions. 3) To reduce the number of persons killed in alcohol -involved collisions. 4) To reduce the number of persons injured in alcohol -involved collisions. 5) To reduce the number of persons killed in drug -involved collisions. 6) To reduce the number of persons injured in drug -involved collisions. 7) To reduce the number of persons killed in alcohol/drug combo -involved collisions. 8) To reduce the number of persons injured in alcohol/drug combo -involved collisions. 9) To reduce the number of motorcyclists killed in traffic collisions. OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION -GRANT No. - P -T -1644 - PAGE 3 10) To reduce the number of motorcyclists injured in traffic collisions. 11) To reduce the number of motorcyclists killed in alcohol -involved collisions. 12) To reduce the number of motorcyclists injured in alcohol -involved collisions. 13) To reduce hit & run fatal collisions. 14) To reduce hit & run injury collisions. 15) To reduce nighttime (2100 - 0259 hours) fatal collisions. 16) To reduce nighttime (2100 - 0259 hours) injury collisions. 17) To reduce the number of bicyclists killed in traffic collisions. 18) To reduce the number of bicyclists injured in traffic collisions. 19) To reduce the number of pedestrians killed in traffic collisions. 20) To reduce the number of pedestrians injured in traffic collisions. B. Objectives: 1) To develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 2) To send 4 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hour) POST -certified training. 3) To send 4 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST -certified training. 4) To send 2 law enforcement personnel to the IACP Drug Recognition Expert (DRE) training. 5) To send 1 law enforcement personnel to the IACP Drug Recognition Expert (DRE) Recertification training. 6) To conduct 8 DUI/DL Checkpoints. Note: A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and I during the NHTSA Summer Mobilization. 7) To conduct 36 DUI Saturation Patrol operation(s). OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT -No. -PT -1644 PAGE 4 8) To conduct 1 Court Sting operation(s) to cite individuals driving from court after having their driver's license suspended or revoked. 9) To conduct 2 Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court. 10) To conduct 2 highly publicized Motorcycle Safety DUI Saturation Patrol operation(s) in areas or during events with motorcycle incidents or collisions resulting from DUI drivers/motorcyclists. 11) To conduct 24 Traffic Enforcement operation(s), including but not limited to, primary collision factor violations. 12) To conduct 9 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 13) To conduct 4 Traffic Safety educational presentations with an effort to reach 1000 community members. Note: Presentations may include topics such as distracted driving, DUI, speed, bicycle & pedestrian safety, seatbelts and child passenger safety. 14) To conduct 9 highly publicized enforcement operation(s) in areas of or during events with a high number of bicycle and/or pedestrian collisions resulting from violations made by bicyclists, pedestrians, and drivers. 15) To participate in and collect and report DUI enforcement data for the NHTSA Winter and Summer Mobilizations. 16) To participate in and collect and report data for the National Distracted Driving Awareness Month in April. 17) To participate in and collect and report data for the NHTSA Click It or Ticket mobilization period in May. 18) To participate in the National Bicycle Safety Month in May. 19) To collaborate with the county's Avoid Lead Agency by: participating in all planning/scheduling meetings and MADD/Avoid DUI Seminars; providing your agency's schedule of operations that occur during any Avoid campaign; and reporting your agency's DUI arrests & DUI fatality information during any Avoid campaign. NOTE. Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT NO. PT -1644 PAGE 5 NOTE: To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release for each checkpoint operation. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoint operations should read "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 checkpoint operations that begin prior to 1800 hours. 3. METHOD OF PROCEDURE A. Phase I. - Pro ram Preparation, Train ing anti Im plementation (1St Quarter of Grant Year) ■ The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. ■ All grant related purchases needed to implement the program should be made this quarter. ■ In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. Media Requirements ■ 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. B. Phase 2 - Program Operations (Throughout Grant Year) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at piQ0a ots.ca.gov, with a copy to your OTS Coordinator. OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT NO. PT -1644 PAGE 6 a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10-20 days prior to the release date to ensure adequate turn -around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at 12io@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. ■ Include the OTS logo, space permitting, on grant -funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. ■ Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. ■ Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT -1644 PAGE 7 r Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full support of the City of Lodi. Every effort will be made to continue the activities after the grant conclusion. OTS -38b (Rev. 4/15) SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT 1644 FUND NUMBER CATALOG NUMBER (CFDA) FUND -DESCRIPTION TOTAL AMOUNT COST GRANT .A. PERSONNEL COSTS MINIMUM PENALTIES FOR REPEAT FY -1 Positions and Salaries Overtime Traffic Enforcement Operations Distracted Driving Operations Bicycle/Pedestrian Enforcement Operations Benefit Rate @ 9.20% Overtime DUI Checkpoint Operations DUI Saturation Patrols DUI Motorcycle Enforcement Operations Court Sting Operations Warrant Service Operations Benefit Rate @ 9.20% OFFENDERS FOR DRIVING WHILE $ $ $ $ $ $ $ $ $ $ 164AL 20.608 INTOXICATED $ 89,000.00 14,520.00 5,446.00 5,446.00 2,338.00 54,404.00 21,787.00 1,210.00 1,680.00 2,421.00 7,498.00 Cate ory Sub -Total STATE AND COMMUNITY HIGHWAY $ 402PT 20.600 SAFETY $ 32,400.00 COST CATEGORY FISCAL YEAR ESTIMATES 1011115 thru 9/30/16 TOTAL TO COST GRANT .A. PERSONNEL COSTS CFDA FY -1 Positions and Salaries Overtime Traffic Enforcement Operations Distracted Driving Operations Bicycle/Pedestrian Enforcement Operations Benefit Rate @ 9.20% Overtime DUI Checkpoint Operations DUI Saturation Patrols DUI Motorcycle Enforcement Operations Court Sting Operations Warrant Service Operations Benefit Rate @ 9.20% 20.600 20.600 20.600 20.600 20.608 20.608 20.608 20.608 20.608 20.608 $ $ $ $ $ $ $ $ $ $ 14,520.00 5,446.00 5,446.00 2,338.00 54,404.00 21,787.00 1,210.00 1,680.00 2,421.00 7,498.00 $ $ $ $ $ $ $ $ $ $ 14,520.00 5,446.00 5,446.00 2,338.00 54,404.00 21,787.00 1,210.00 1,680.00 2,421.00 7,498.00 Cate ory Sub -Total $ 116,750.00 $ 116,750.00 B. TRAVEL EXPENSE In -State 20.600 $ 4,000.00 $ 4,000.00 Category Sub -Total $ 4,000.00 $ 4,000.00 C. CONTRACTUAL SERVICES None Category Sub -Total $ - $ - D. EQUIPMENT None Category Sub -Total $ - $ E. OTHER DIRECT COSTS DUI Checkpoint Supplies 20.600 $ 650.00 $ 650.00 Category Sub -Total $ 650.00 $ 650.00 F. INDIRECT COSTS None Category Sub -Total $ - $ - GRANT TOTAL $ 121,400.00 1 $ 121,400.00 OTS -38d (Rev. 4/15) Page 1 of 1 SCHEDULE B-1 GRANT No. PT1644 -BUDGET NARRATIVE -Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $45.82/hour to $80.78/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Overtime Benefit Rates Medicare 1.45% Unemployment Insurance 0.75% Workers Compensation 7.00% TOTAL BENEFIT RATE 9.20% TRAVEL EXPENSE In State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES None EQUIPMENT None OTS -38f (Rev. 4/15) SCHEDULE B-1 GRANT No. PT1644 BUDGET NARRATIVE-- — Page 2 1 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 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. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 4/15) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 1 Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub -recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. Certifications and Assurances (Rev. 6/15) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certifications and Assurances (Rev. 6/15) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 3 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the Certifications and Assurances (Rev. 6/15) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 4 eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions (1) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the Certifications and Assurances (Rev. 6/15) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 5 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 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 and/or debarment. Certifications and Assurances (Rev. 6/15) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 6 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 6/15) 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3. FROM. Police Department 15. DATE: 9/16/15 4. DEPARTMENT/DIVISION: Administration -6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT .A. SOURCE OF 214 2140000 56421 OTS STEP Grant 2015-6 $ 121,400.00 FINANCING B. USE OF 214 2149900 71002_ Overtime and Staff Expenses $ 116,750.00 FINANCING 77020 Training and Travel $ 4,000.00 77020 Supplies $ 650.00 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment If you need more space, use an additional sheet and attach to this form. Grant funds will cover staff overtime to conduct DUI saurations, traffic enforcement operations, motorcycle operations, bicycle/pedestrian enforcement, and special enforcement operations. Grant funds are also allocated to cover the cost of training and equipment. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: Res o: Attach copy of resolution to this form Department Head Signature: ;6. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2015-165 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE LODI POLICE DEPARTMENT TO PARTICIPATE IN THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT FUNDED BY THE OFFICE OF TRAFFIC SAFETY, AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT DOCUMENTS ON BEHALF OF THE CITY, AND FURTHER APPROPRIATING FUNDS WHEREAS, Lodi has a significant problem with alcohol and speed -related fatal and injury collisions, including those involving pedestrians, bicyclists, hit-and-run drivers, and motorcyclists; and WHEREAS, the Office of Traffic Safety (OTS) develops rankings based on the Statewide Integrated Traffic Records System data for collisions reported by agencies other than the California Highway Patrol. Lodi is ranked 37th out of 103 California municipalities in the 50,003 to 100,000 population category; and WHEREAS, by Council adoption of this Resolution, the Police Department will receive grant funding from the OTS to implement a comprehensive traffic safety enforcement program to reduce fatal and injury collisions where the primary collision factor is driving under the influence (DUI) or speed. The project will reduce motorcycle -involved fatal and injury collisions and bicycle/pedestrian- involved collisions; and WHEREAS, the Police Department deploys existing officers on weekend and holiday evenings for DUI saturation enforcement and will conduct eight DUI checkpoints during the grant period. The grant includes motorcycle saturation enforcement, bicycle/pedestrian enforcement, and general traffic safety enforcement. To address hit-and-run collisions, the Police Department will conduct driver's license checkpoints at all DUI checkpoints; and WHEREAS, with Council approval, the City of Lodi and State of California OTS will enter into an agreement that provides $121,400 to the City to fund enhanced enforcement, grant required training, and the purchase of related materials and equipment. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the Lodi Police Department to participate in a selective traffic enforcement program grant funded by the Office of Traffic Safety; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the grant documents on behalf of the City of Lodi; and BE IT FURTHER RESOLVED that funds in the amount of $121,400 be appropriated, as shown on the Appropriation Adjustment Request Form. Date: September 16, 2015 I hereby certify that Resolution No. 2015-165 was passed and adopted by the Lodi City Council in a regular meeting held September 16, 2015, by the following vote: AYES: COUNCIL MEMBERS — Kuehne, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Chandler and Mounce ABSTAIN: COUNCIL MEMBERS — None AIN NIFER FERRAI0LO Fty Clerk 2015-165