HomeMy WebLinkAboutAgenda Report - September 6, 2017 C-13TM
AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
C-43
AGENDA TITLE: Adopt Resolution Authorizing the Lodi Police Department to Participate in the
Selective Traffic Enforcement Program Grant Funded by the Office of Traffic
Safety, Authorize the City Manager to Execute the Grant Documents on Behalf of
the City of Lodi, and Appropriate Funds ($105,000)
MEETING DATE: September 6, 2017
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing the Lodi Police Department to
participate in the Selective Traffic Enforcement Program Grant
funded by the Office of Traffic Safety, authorize the City Manager to
execute the grant documents on behalf of the City of Lodi and
appropriate funds ($105,000).
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 five 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 $105,000 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 $105,000 to the City to fund enhanced enforcement, grant -required training, and the purchase
of related materials and equipment. Staff further requests authorization for the City Manager to execute
the grant documents on behalf of the City of Lodi.
Adopt Resolution Authorizing the Lodi Police Department to Participate in the Selective Traffic
Enforcement Program Grant Funded by the Office of Traffic Safety, and Further Authorizing the City
Manager to Execute the Grant Documents on Behalf of the City of Lodi ($105,000)
September 6, 2017
Page Two
FISCAL IMPACT:
FUNDING AVAILABLE:
This grant will allow the City to conduct education and enforcement
without using General Fund dollars.
2017/18 DUI Selective Traffic Enforcement Program Grant (214.99000)
Andrew Keys
Dep; City Manager/Internal Services Director
`TJ4 c F!if rre,efrof4
To Patterson
C ief of Police
State of California — Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT18088
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY
Lodi
3. Grant Period
From: 10/01/2017
To: 09/30/2018
4. AGENCY UNIT TO ADMINISTER GRANT
Lodi Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and inju ed in crashes involving
alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement,
enforcement operations focusing on primary collision 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 collisions, 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: $105,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with
reference made a part of the Agreement:
• Schedule A — Problem Statement, Goals and Objectives and
• Schedule B —Detailed Budget Estimate and Sub -Budget
• Schedule B-1 —Budget Narrative and Sub -Budget Narrative
• Exhibit A — Certifications and Assurances
• Exhibit B* — OTS Grant Program Manual
*Items shown with an asterisk (*), are hereby incorporated by
hereto.
These documents can be viewed at the OTS home web page
We, the officials named below, hereby swear under penalty of perjury
authorized to legally bind the Grant recipient to the above described
IN WITNESS WHEREOF, this Agreement has been executed by
the terms and conditions of the
Method of Procedure
Estimate (if applicable)
(if applicable)
reference and made a part of this
under Grants: www.ots.ca.gov.
following which are by this
agreement as if attached
of California that we are duly
under the laws of the State
Grant terms and conditions.
the parties hereto.
8. Approval Signatures
A. AUTHORIZING OFFICIAL OF DEPARTMENT
NAME: Steve Schwabauer PHONE: 209-333-2402
TITLE: City Manager FAX: 209-333-6807
ADDRESS: 221 W. Pine Street
Lodi, CA 95240
EMAIL: scanestrino@pd.todi.gov
B. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Rhonda L. Craft PHONE: (916) 509-3030
TITLE: Director FAx: (916) 509-3055
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
EMAIL: rhonda.craft@ots.ca.gov
(Signature) (Date) (Signature) (Date)
C. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY
NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
9. DUNS NUMBER
DUNS #: 020004552
REGISTERED ADDRESS: 221 W Pine Street
CITY: Lodi I ZIP+4: 95240-2019
Approved as !o form
(1$v Attorney
8/10/2017 8:18:39 AM
Page 1 of 13
10. PROJECTED EXPENDITURES
FUND
CFDA
ITEM/APPROPRIATION
F.Y.
CHAPTER
STATUTE
PROJECTED
EXPENDITURES
402PT-18
20.600
0521-0890-101
2016
2016
23/16
$9,000.00
164
20.608
0521-0890-101
2016
2016
23/16
$12,000.00
-AL -18
402PT-18
20.600
0521-0890-101
2017
2017
14/17
$36,000.00
164 -AL -18
20.608
0521-0890-101
2017
2017
14/17
$48,000.00
AGREEMENT
TOTAL
$105,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$105,000.00
1 CERTIFY upon my own personal knowledge that the budgeted finds for
the current budget year are available for the period and purpose of the
expenditure stated above.
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
ACCOUNTING OFFICER'S SIGNATURE
is
DATE
SIGNED
TOTAL AMOUNT ENCUMBERED TO DATE
$105,000.00
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT18088
1. PROBLEM STATEMENT
For 2013 the City of Lodi had 234 fatal and injury traffic collisions: 10 fatalities and 295 injured. For 2014 the City of
Lodi had 252 fatal and injury traffic collisions: 2 fatalities and 341 injured. In 2014 the City of Lodi saw an 80%
decrease in fatal collisions, compared to 2013. For 2015 the number of Injury and Fatal collisions increased to 279
with a total of 346 total victims. These numbers have increased for 3 years in a row.
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 2014, 1 of the fatalities involved a driver not using safety
equipment. In 2015 there were 3 total victims in 3 collision, all of them were wearing safety equipment. In 2016 there
were 3 victims in 2 separate collisions; all three were wearing their seat belts.
The City of Lodi saw no change in the number of motorcycle related traffic fatalities in 2013 and 2014 as there was 1
each year. In 2015 the City of Lodi had 3 fatal collisions with 3 total victims; 2 of these collisions involved
motorcycles and I involved a 3 -wheeled cycle. In 2016, neither of the 2 fatal collisions involved a motorcycle
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 2015 none of the 3 traffic fatalities were related to drugs or alcohol. In 2014 one
traffic fatality was drug related. In 2016, both of the fatal collisions were alcohol 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. In 2013 the number of
DUI arrests was 262. In 2016 the number of DUI arrests was 276. According to OTS rankings for cities our size, in
2013 Lodi ranks 99 out of 103 cities our size in DUI arrests. Lodi PD consistently ranks in the top 5 or 6 cities,
compared to other cities our size, for the number of DUI arrests.
In 2013 in the City of Lodi, DUI was the PCF for 7 fatalities, failure to yield was the PCF for 1 fatal collision, and
unsafe starting was the PCF for 1 fatal collision. In 2014, the City of Lodi had one traffic fatality where DUI was the
primary collision factor. In 2015, DUI was the 3rd most common PCF, and was responsible for 24 injury collisions. In
2016, DUI was the PCF for both of our fatal collisions; causing 3 deaths.
In 2013, alcohol involved fatal collisions in the State decreased by 0.8 percent. The City of Lodi has seen an increase
over the last several years of injury collisions and victims. DUI is the rd most common PCF in the City of Lodi and
there is evidence to believe, based on state studies, that distracted driving is leading to increased collisions as
well. 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.
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. The City of Lodi has seen a
similar, continued rise in the number of drugged driving cases, and officers are becoming better trained to detect
drugged driving.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic collisions.
2. Reduce the number of persons injured in traffic collisions.
3. Reduce the number of pedestrians killed in traffic collisions.
4. Reduce the number of pedestrians injured in traffic collisions.
5. Reduce the number of bicyclists killed in traffic collisions.
6. Reduce the number of bicyclists injured in traffic collisions.
7. Reduce the number of persons killed in alcohol -involved collisions.
8. Reduce the number of persons injured in alcohol -involved collisions.
9. Reduce the number of persons killed in drug -involved collisions.
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10. Reduce the number of persons injured in drug -involved collisions.
11. Reduce the number of persons killed in alcohol/drug combo -involved collisions.
12. Reduce the number of persons injured in alcohol/drug combo -involved collisions.
13. Reduce the number of motorcyclists killed in traffic collisions.
14. Reduce the number of motorcyclists injured in traffic collisions.
15. Reduce hit & run fatal collisions.
16. Reduce hit & run injury collisions.
17. Reduce nighttime (2100 - 0259 hours) fatal collisions.
18. Reduce nighttime (2100 - 0259 hours) injury collisions.
B. Objectives:
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.
Target Number
1
2. Participate and report data (as required) in the following campaigns, National Walk to
School Day, NHTSA Winter & Summer Mobilization, National Bicycle Safety Month,
National Click it or Ticket Mobilization, National Teen Driver Safety Week, National
Distracted Driving Awareness Month, National Motorcycle Safety Month, National Child
Passenger Safety Week, and California's Pedestrian Safety Month.
10
3. 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.
12
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing
(SFST) (minimum 16 hours) POST -certified training.
4
5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving
Enforcement (ARIDE) 16 hour POST -certified training.
4
6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training.
1
7. Send law enforcement personnel to the DRE Recertification training.
1
8. 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.
5
9. Conduct DUI Saturation Patrol operation(s).
24
10. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear
in court.
I
11. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision
factor violations.
20
12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers
using hand held cell phones and texting.
16
13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during
events with a high number of motorcycle incidents or collisions resulting from unsafe
speed, DUI, following too closely, unsafe lane changes, improper turning, and other
primary collision factor violations by motorcyclists and other drivers.
4
14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or
during events with a high number of pedestrian and/or bicycle collisions resulting from
violations made by pedestrians, bicyclists, and drivers.
6
15. Conduct Traffic Safety educational presentations with an effort to reach community
members. Note: Presentations may include topics such as distracted driving, DUI, speed,
bicycle and pedestrian safety, seat belts and child passenger safety.
4
3.
METHOD OF PROCEDURE
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A. Phase 1— Program Preparation (ft 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 pio@ots.ca.gov, with a copy to your OTS Coordinator.
• 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.
• 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.
• Activities such as warrant or probation sweeps and court stings that could be compromised by
advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media
coverage and to report the results.
• Use the following standard language in all press, media, and printed materials: Funding for this program
was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic
Safety Administration.
• Email the OTS PIO at pio@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)
• Invoice Claims (due January 30, April 30, July 30, and October 30)
• Quarterly Performance Reports (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.
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• 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.
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B -I
GRANT NUMBER
PT18088
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
QUANTITY
5
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
24
Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
1
Benefits OT AL @ 1.45% - Medicare 1.45%
1
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
20
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
16
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
4
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
6
Benefits OT PT @ 1.45% - Medicare 1.45%
1
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 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.
I
CONTRACTUAL SERVICES
EQUIPMENT
Vehicle Speed Feedback Sign - Solar, battery powered or hardwired pole -mounted sign to display the
speed of vehicles.. Costs may include modifications and accessories. Installation is at the expense of
the grantee.
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.
1
INDIRECT COSTS
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT18088
FUND NUMBER
CATALOG NUMBER
(CFDA)
FUND DESCRIPTION
-.1 TOTAL AMOUNT
402PT
20.600
State and Community Highway
Safety
$45,000.00
164AL
20.608
Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$60,000.00
COST CATEGORY
CFDA
TOTAL COST
TO GRANT
A. PERSONNEL COSTS
Positions and Salaries
Full -Time
$0.00
Overtime
20.608
$38,875.00
DUI/DL Checkpoints
DUI Saturation Patrols
20.608
$17,263.00
Warrant Service Operations
20.608
$1,439.00
Benefits OT AL @ 1.45%
20.608
$835.00
Traffic Enforcement
20.600
$14,386.00
Distracted Driving
20.600
$11,508.00
Motorcycle Safety
20.600
$2,877.00
Pedestrian and Bicycle Enforcement
20.600
$4,316.00
Benefits OT PT @ 1.45%
20.600
$480.00
Part -Time
$0.00
Category Sub -Total
$91,979.00
B. TRAVEL EXPENSES
In State Travel
20.600
$4,433.00
$0.00
Category Sub -Total
$4,433.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub -Total
$0.00
D. EQUIPMENT
Vehicle Speed Feedback Sign
20.600
$7,000.00
Category Sub -Total
$7,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
20.608
$1,588.00
Category Sub -Total
$1,588.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $105,000.00
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Page 7ofl3
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
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.
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT18088
CERTIFICATIONS AND ASSURANCES
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to
civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49
CFR §18.12.
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the
Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines,
policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include,
but are not limited to, the following:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended
• 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR 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; (1) 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.
BUY AMERICA ACT
The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323W), 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 (HATCFIACT)
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.
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CERTIFICATION REGARDING FEDERAL LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all sub -
award at all tiers (including subcontracts, 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.
RESTRICTION ON STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or
local 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 REGARDINGDEBARMENT 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 coveredtransaction with a person who
8110120178:18:39AM Page 11of13
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 Debartnent, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," provided by the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -
procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions
1. The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency;
b. Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of record, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
d. Have not within a three-year period preceding this application/grant agreement had one or more public
transactions (Federal, State, or local) terminated for cause or default.
2. Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this grant agreement.
Instructions for Lower Tier Certification
1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including suspension
and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant
agreement is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause,
have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person
to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with.a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or
8/10/2017 8:18:39 AM Page 12 of 13
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 Part9, 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.
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.
Approvod as to form
Pl.- •s ttoriley
8/10/2017 8:18:39 AM Page 13 of 13
RESOLUTION NO. 2017-169
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 50,000
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, and 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 $105,000 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 the 2017/18 DUI Selective Traffic Enforcement
Program Grant funds in the amount of $105,000 be appropriated to account #21499000.
Date: September 6, 2017
I hereby certify that Resolution No. 2017-169 was passed and adopted by the Lodi City
Council in a regular meeting held September 6, 2017, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
2017-169
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NIFER . F R
ity Clerk