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HomeMy WebLinkAbout2019-11-19; City Council; ; Appropriate funds through the fiscal year (FY) 2019 Office of Traffic Safety Selective Traffic Enforcement Program in the amount of $90,000~ CITY COUNCIL • Staff Report Meeting Date: To: From: Staff Contact: Nov. 19, 2019 Mayor and City Council Scott Chadwick, City Manager Cindy Anderson, Senior Management Analyst Cindy.Anderson@carlsbadca.gov, 760-931-2170 CA Review u-rC-- Subject: Appropriate funds through the fiscal year (FY) 2019 Office of Traffic Safety Selective Traffic Enforcement Program in the amount of $90,000. Recommended Action Adopt a Resolution authorizing the city manager to accept the FY 2019 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program {STEP) and authorizing the deputy city manager of Administrative Services to appropriate the funds for STEP expenses in the amount of $90,000. Executive Summary The Police Department was awarded $90,000 by the California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) to enforce traffic laws and prevent traffic-related deaths and injuries through various campaigns, DUI checkpoints, and DUI saturation patrols. The total amount is fully reimbursable, and no matching funds are required. The Police Department is requesting the appropriation of $90,000 to the Public Safety Grants Special Fund. Administrative Order No. 37 requires approval by City Council for the deputy city manager of Administrative Services to appropriate the funds. Discussion The California OTS strives to eliminate traffic deaths and injuries by making available grants to local and state public agencies for programs that help them enforce traffic laws, educate the public in traffic safety, and provide varied and effective means of reducing fatalities, injuries and economic losses from collisions. It distributes federal funding apportioned to California under the National Highway Safety Act and the Safe Accountable and Flexible Efficiency Transportation Equity Act. The grant funding decisions by the OTS is facilitated by several criteria which translate into rankings: victim and collision rankings, driving under the influence ("DUI") arrest rankings, DUI collisions, bicycle safety and pedestrian safety (Exhibit 3). In addition, these rankings help identify emerging traffic safety problem areas. The rankings allow cities to compare themselves to other cities with similar-sized populations and help them identify their disproportionate traffic safety problems. The City of Carlsbad Police Department's 2019 award is $90,000. Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and Nov. 19, 2019 Item #13 Page 1 of 19 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. The Police Department will use the Grant to fund: • Personnel costs for DUI checkpoint, DUI saturation patrols and targeted enforcement • Participation in various campaigns for traffic safety • Training for Law enforcement personnel at the National Highway Traffic Safety Administration to attend Standardized Field Sobriety Testing classes • DUI checkpoint supplies and Light Detection and Ranging {LIDAR) devices Fiscal Analysis The total amount of the grant is $90,000, which is fully reimbursable by the FY 2019 OTS Grant Program. No matching funds are required for the OTS Grant. Reimbursement requests will be submitted at the end of each quarter for the personnel and equipment costs. Next Steps The deputy city manager of Administrative Services will appropriate $90,000 to the Public Safety Grants Special Revenues Fund. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore, does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. FY 2019 OTS STEP Grant Award Letter 3. California Office of Traffic Safety Collision Rankings Nov. 19, 2019 Item #13 Page 2 of 19 RESOLUTION NO. 2019-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE FY19 OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) AND AUTHORIZING THE DEPUTY CITY MANAGER OF ADMINSTRATIVE SERVICES TO APPROPRIATE THE FUNDS FOR STEP EXPENSES IN THE AMOUNT OF $90,000. WHEREAS, the City of Carlsbad has been allocated funds through the Fiscal Year 2019 Office of Traffic Safety Selective Traffic Enforcement Program in the amount of $90,000 to enforce traffic safety laws and reduce traffic-related injuries and death; and WHEREAS, the Carlsbad Police Department will be using the funds to participate in various traffic campaigns, conduct driving under the influence (DUI) checkpoints and saturation patrols, purchase DUI supplies, and equipment, and send personnel to training. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That no matching funds are required. 3. That the city manager of the City of Carlsbad, or his designee, is hereby authorized and directed to accept said award from the Office of Traffic Safety for receipt of the subject Grant funds, as well as any required reports and/or final statements. 4. That the deputy city manager of Administrative Services is authorized to appropriate $90,000 to the Police Department's Grant special revenue fund for fiscal year 2019 Office of Traffic Safety Selective Traffic Enforcement Program Grant. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. ~ /.led« C,n,,ez l)epvlj -(;, BARBARA ENGLESON, City Clerk I C;+j (SEAL) C. }eu.t Nov. 19, 2019 Item #13 Page 3 of 19 State of California -Office of Traffic Safety GRANT AGREEMENT GR.\NT NnlllEH PT20021 1. GRANTTITU: Selective Traffic Enforcement Program (STEP) 2. N.\\IE OF AGE.~CY 3. Grant Period Carlsbad 4. AGENCY UNIT TO AD,11:'\ISTER GR.-\NT From: I 0/01/2019 Carlsbad Police Department To: 09/30/2020 5. GR.-\NT DESCRIPTIO:'\ Best practice strategies will be conducted to reduce the number of persons killed and injured 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: $90,000.00 7. TERi\IS .-\ND CONDITIONS: The pa1iies 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 -Ce1iifications and Assurances • Exhibit B* -OTS Grant Program Manual *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 OrFICIAL OF AGENCY N.-1\IE: Chris Karches PHOt-:E: (760) 931-2107 N.-1\IE: Christie CalJenrnod PIIONE: (760) 27.J-3225 TITLE: Sergeant L1x: T1r1 E: Lieutenant FA.\: ADDRESS: 2560 Orion Way ADDRESS: 2560 Orion Way Curlsbad. CA 92010 Carlsbad. CA 920 I 0 E\1.111.: chris.karche~earlsbadca.go\' E\.1,111.: christie.caldernood,q:carlsbadca.gov ;:;/ /-~-sLu,ht ~/'~;,:;a "&],4 f,/;io /;1_ vt;t':,-·rSignatureJ (Date) / (SignattfreJ \._/ 1 rilate) C. SCAL OR ACCOUNTING OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE Or TRAFFIC SAFETY NA~IE: Cindy Anderson PHONE: (760) 9Jl-2170 N.\\tE: Randv Weissman !'HONE:: (916) 509-3030 TITLE: fAX: TITLE: Acti11g Director F,\.X: (916) 509-3055 ADDRl:SS: 2560 Orion Way AIJlJRESS: 2208 Kauscn Dri\c Suite 300 Carlsbad. CA 92010 Elk Grove. CA 95758 E\l..\lL: cindy.anderso11'{1\nrlsbacka.gov /;.IL: randy. weissmaiw7 ots.ca.gov ~rs;,,;;,:,, ~{Z-'1li1_ ,l~VL~ Ci/J 3Lte:; v--., ... (Date) (Signature) V (Date) E. ACCOUNTING OFFICER OF OFFICE OF TRArFIC SAFETY 9. DUNS INFORMATION N.-1\IF: Carolyn Vu DUNS#: 073333932 ADDRESS: 2208 Kausen Dri1·e. Suit.: 300 REGISTERED ADDRESS: 2560 Orion Way Elk Grove. CA 95758 CITY:Carlsbad ZIP+4:920 I 0-7280 8/19/2019 12:57:26 PM Page 1 ort4 Nov. 19, 2019 Item #13 Page 4 of 19 10. PROJECTED EXPENDITURES FllND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATllTE PROJECTED EXPENDITURES 164 AL-20 20.608 0521-0890-IOI 2019 2019 BA/19 $55,000.00 402PT-20 20.600 0521-0890-10 I 2019 2019 BA/19 $35.000.00 AGREEMENT $90,000.00 TOTAL AMOUNT ENCUMBERED BY THIS OOC'UMENT J CF.R7JJ-T 1111011 my own personal k1101r/e,f.i;e that the b1u~r;e1ed.fi111d~.f,Jr $90,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS the current budget year are m·ailahle.for the period and p111pose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOT AL AMOUNT ENCUMBERED TO DATE L ~ rJ-t_ ~ 11~:°1,'1 $90,000.00 ---I 8/19/20 I 9 12:57:26 PM Page 2 of 14 Nov. 19, 2019 Item #13 Page 5 of 19 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule A 1. PROBLEM STATEMENT GRANT NUMBER PT20021 The City of Carlsbad saw a reduction of injury collisions from 421 injury collisions in 2016 to 346 injury collisions in 2017. The injury collisions from both 2016 and 2017 however, were increased from a three year low of327 injury collisions in 2015. The number of fatal collisions held steady at four per year in 2015, 2016 and 2017. Of those 12 fatal collisions, 8 involved pedestrians or bicyclists. Motorists, pedestrians and bicyclists are drawn to the City of Carlsbad which has approximately 7 miles of roadways, parking lots, sidewalks and hiking trails that parallel the the Pacific Ocean. Approximately half, 01· 5, of the fatal collisions over 2015, 2016 and 2017 occurred approximately within one mile of the coastline. The balance, or 7, additional fatal collisions were spread throughout other areas of Carlsbad. 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. 10. Reduce the number of persons injured in drug-involved collisions. 11. Reduce the number of persons killed in alcohol/drug combo-involved co11isions. 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 & nm fatal collisions. 16. Reduce hit & nm injury collisions. 17. Reduce nighttime (2100 -0259 hours) fatal collisions. 18. Reduce nighttime (2100 -0259 hours) iniurv 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. 2. Participate and report data (as required) in the folJowing campaigns, National Walk to School Day, National Teen Driver Safety Week, NI-ITSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Smmner Mobilization, National Cl;tild Passenger Safety Week, and California's Pedestrian Safety Month. 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. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFSD (minimum 16 hours) POST-ce11ified training. · 5. Send law enforcement personnel to SFST Instructor training. 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and I during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an 8/19/2019 12:57:26 PM Target Number 1 10 12 4 2 Page 3 of 14 Nov. 19, 2019 Item #13 Page 6 of 19 advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, depaiiments 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 suppo11 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 A RIDE-trained. 7. Conduct DUI Saturation Patrol operation(s). 12 8. Conduct Traffic Enforcement operation(s), including but not limited to. primary collision I 0 factor violations. 9. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or 2 during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. I 0. Conduct Know Your Limit campaigns with an effort to reach members of the community. 2 11. Conduct highly visible collaborative DUI Enforcement operations 6 12. Conduct highly visible collaborative Traffic Enforcement operations 5 3. METHOD OF PROCEDURE A. Phase 1-Program Preparation (151 Quarter of Grant Year) • The department will develop operational plans to implement the ·'best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the ·'Hot Sheets.'· research will be conducted to identify the ··worst of the worse 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 ofthe 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, but no earlier than October l. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases and any related media advisories. alerts. and materials must be emailed for approval to the OTS Public Information Officer at pio@.ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. B. Phase 2 -Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Send all grant-related activity press releases. media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio@ots.ca.gov. with a copy to your OTS Coordinator. The following requirements are for grant-related activities and are different from those regarding any grant kick-off release or announcement. • If an OTS-supplied, template-based press release is used. there is no need for pre-approval. however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS-supplied template is not used. or is substantially changed. a draft press release shall be sent to the OTS PJO for approval. Optimum lead-time would be IO days prior to the release distribution date. but should be no less than 5 working days prior to the release distribution elate. • Press releases reporting the immediate and time-valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. 8/19/2019 12:57:26 PM Page 4 of 14 Nov. 19, 2019 Item #13 Page 7 of 19 • 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. • Space permitting. include the OTS logo. on grant-funded print materials: consult your OTS Coordinator for specifics and format-appropriate logos. • Contact the OTS PIO or your OTS Coordinator. sutliciently far enough in advance of need. for consultation when deviation from any of the above requirements might be contemplated C. Phase 3-Data Collection & Reporting (Throughout Grant Year) • Invoice Claims (due January 30. April 30, July 30, and October 30) • Quarterly Pe1tormance Repo1ts (due January 30. April 30. July 30, and October 30) • Collect and report quarterly. appropriate data that supports the progress of goals and o~jectives. • 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 EVALllATION Using the data compiled during the grant, the Grant Director will complete the ·'Final Evaluation'' section in the foutth/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 incJude whether goals and objectives were met. exceeded, or an explanation of why objectives were not completed. 5. Al):\IINISTR.-HIVE Sl1Pl'ORT This program has full adi11inistrative support. and every effort will be made to continue the grant activities after grant conclusion. 8/19/2019 12:57:26 PM Page 5 of 14 Nov. 19, 2019 Item #13 Page 8 of 19 State of California -Office ofTmffic Safety GRANT AGREEMENT Schedule B 164 AL-20 20.608 402PT-20 20.600 A. PERSONNEL COSTS Straight time Overtime DUI/DL Check oints DUI Saturation Patrols Know Your Limit Collaborative DUI Enforcement Benefits OT 1.99% Traffic Enforcement Pedestrian and Bic cle Enforcement Collaborative Traffic Enforcement Benefits OT 1.99% Category Sub-Total B. TRAVEL EXPENSES In State Travel Category Sub-Total C. CONTRACTUAL SERVICES Category Sub-Total D. EQUIPMENT Category Sub-Total Category Sub-Total F. INDIRECT COSTS Category Sub-Total GRANT TOTAL 8/19/2019 12:57:26 PM Minimum Penalties for Repeat Offenders for Driving While Intoxicated State and Community Highway Safe 20.608 20.608 20.608 20.608 20.608 20.600 20.600 20.600 20.600 20.600 20.608 20.600 GRANT NUMBER PT20021 $55,000.00· $35,000.00 $0.00 $17,844.00 $14,100.00 $2,348.00 $8,808.00 $858.00 $16,060.00 $4,918.00 $7,340.00 $564.00 $72,840.00 $1,018.00 $0,00 $1,018.00 $0,00 $0.00 $0.00 $0.00 $11,042.00 $5,100.00 $16,142.00 $0.00 $0.00 $90,000.00 Page 6 of14 Nov. 19, 2019 Item #13 Page 9 of 19 State of Califomia -Office of Trnffic Safety GRANT AGREEMENT Schedule B-1 PERSONNEL COSTS BUDGET NARRATIVE DUI/DL Checkpoints -Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols -Overtime for grant fonded law enforcement operations conducted by appropriate department personnel. Know Your Limit -Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Collaborative DUI Enforcement -Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Benefits OT @ 1.99% -Benefits at 1. 99% Traffic Enforcement -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 OT @ 1.99% -Benefits at 1.99% TRAVEL EXPENSES [n 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 m1.1st 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 sµpplies 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 of2), 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. Lidar Device -Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. INDIRECT COSTS - STATEMENTSillISCLAIMERS 8/19/2019 12:57:26 PM GRANT NUMBER PT20021 QUANTITY 2 12 2 6 1 10 2 5 1 1 1 2 Page 7 of 14 Nov. 19, 2019 Item #13 Page 10 of 19 There will be no program income generated from this grant. Nothing in this "agreement" shall be interpreted as a requirement, formal or infonnal, that a pa1ticular law enforcement officer issue a specified or pred~termined number of citations in pursuance of the goals and objectives here under. 8/19/2019 12:57 :26 PM Page·s of14 Nov. 19, 2019 Item #13 Page 11 of 19 State of California -Office of Traffic Safety GRANT AGREEMENT Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L.109-59, AS AMENDED) GRANT NUMBER PT20021 Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/er 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 signatLU'e page, that the · Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rnles, 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 CPR Prut 1300-Uniform Procedures for State Highway Safety Grarit Programs NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis ofrace, color, national origin) and 49 CFR patt 21; • The Unifonn Relocation Assistance and Real Prope1ty 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 ofage); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title Vf 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; 8/19/2019 12:57:26 PM Page 9 of14 Nov. 19, 2019 Item #13 Page 12 of 19 • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with dispropo1tionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national 01igin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding 1·ecipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency- • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by . Federal Nondiscrimination Auth01ities, be excluded from pat1icipation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non-Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees- a. To comply.with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To pe1mit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or fonding agreement, in whole or in part; and e. To inse11 this clause, including paragraphs (a) through ( e), in every subcontract and sub agreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. 8/19/2019 12:57:26 PM Page 10 of 14 Nov. 19, 2019 Item #13 Page 13 of 19 POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of 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 Standar~ Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failme. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect ( e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION {applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set · out below and agrees to comply w_ith the requirements of2 CFR parts 180 and 1200. 8/19/2019 12:57:26 PM Page 11 of 14 Nov. 19, 2019 Item #13 Page 14 of 19 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 ce1tification 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, paiticipant, person, principal, ai1d voluntarily excluded, as used in this clause, ai·e defined in 2 CFR parts 180 and 1200. You may contact the depaitment 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 prut 9, subprut 9.4, deban·ed, suspended, declared ineligible, or voluntatily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant fmther agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Pa1ticipant Certification" including the "Cettification Regarding Debarment, Suspension, Ineligibility and Voluntru·y 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 pruticipants to comply with 2 CFR parts 180 ru1d 1200. 8. A paiticipant 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 tmder 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 pa1ticipant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system ofrecords in order to render in good faith the certification required by this clause. The knowledge and information of a pruticipant 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 lmder paragraph 6 of these instructions, if a pai1icipant 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, subpait 9.4, suspended, debarred, ineligible, or voluntai·ily excluded from patticipation in this transaction, in addition to other remedies available to the Federal government, the deprutment or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions (I) The prospective primary tier participant ce1tifies to the best of its lrnowledge and belief, that it and its principals: (a) Are not presently deba11-ed, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 8/19/2019 12:57:26 PM Page 12 of14 Nov. 19, 2019 Item #13 Page 15 of 19 (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 prope11y; (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) tel'minated 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 ce11ification 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 lmowingly rendered an erroneous ce1tification, in addition to other remedies available to the Federal government, the depaiiment or agency with which this tl'ansaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier paiticipant 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, debai·ment, suspension, ineligible, participant, person, principal, and voluntai·ily excluded, as used in this clause, are defined in 2 CFR patts 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, subpati 9.4, debarred, suspended, declal'ed 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 pruticipant 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 paiticipants to comply with 2 CFR patts 180 and 1200. 7. A paiticipant 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 ce1tification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each pmiicipant 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 ofa system ofrecords in order to render in good faith the certification required by this clause. 111e 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. 8/19/2019 12:57:26 PM Page 13 of 14 Nov. 19, 2019 Item #13 Page 16 of 19 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 debannent under 48 CFR pait 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from pruticipation 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 ce1tifies, 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 depaitment or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to pw·chase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. LAW ENFORCEMENT AGENCIES All subrecipient law enforcement agericies shall comply with California law regarding profiling. Penal Code section 13519.4, subdivision ( e), defines "racial profiling" as the "practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped." Then, subdivision (f) of that section goes on to provide, "A law enforcement officer shall not engage in racial profiling." 8/19/2019 12:57:26 PM Page 14 of 14 Nov. 19, 2019 Item #13 Page 17 of 19 CALIFORNIA OFF ICE OF TRAFFIC SAFETY OTS Collision Rankings What are the OTS Rankings? Exhibit 3 The OTS Rankings were developed so that individual cities could compare their city's traffic safety statistics to those of other cities with similar-sized populations. Cities could use these comparisons to see what areas they may have problems in and which they were doing well in. The results helped both cities and OTS identify emerging or on-going traffic safety problem areas in order to help plan how to combat the problems and help with the possibility of facilitating grants. In recent years, media, researchers and the public have taken an interest in the OTS Rankings. It should be noted that OTS rankings are only indicators of . potential problems; there are many factors that may either understate or overstate a city/county ranking that must be evaluated based on local circumstances. NOTE: City rankings are for incorporated cities only, for local streets in those cities, and do not include numbers of crashes, killed or injured on freeways or other CHP jurisdiction roads which may be within city limits. County Rankings include all crashes, killed and injured within county borders. How are the OTS Rankings determined? • Collision rankings are based on the Empirical Bayesian (EB) Ranking Method. This method is increasingly used by researchers and statisticians as a means to bring together and give varying weights to many different factors. Previous OTS Collision Rankings used only population and daily vehicle miles traveled as factors, and ranked them separately. The EB Method still uses population and daily vehicle miles traveled, but adds in crash records, crash trends and other weighing factors to arrive at a single, more accurate ranking. • Data for the rankings is taken from several agencies, including the California Highway Patrol (CHP) Statewide Integrated Traffic Records System (SWITRS), California Department of Transportation (Caltrans), California Department of Justice (DOJ) and the Department of Finance (DOF). • DUI arrest totals and rankings are calculated for cities only and are based on rates of non-CHP DUI arrests (Department of Justice data). This is so that local jurisdictions can see how their own efforts are working. • Counties are assigned statewide rankings, while cities are assigned population group rankings . Source: https://www.ots.ca.gov/media-and-research/col!ision-rankinqs/ Nov. 19, 2019 Item #13 Page 18 of 19 CALIFORNIA OFFICE OF TRAFFIC SAFETY Exhibit 3 O TS Colli sion Rankings - C ity o f Carlsba d Agency Carlsbad Year Cou nty 2016 SAN DIEGO COUNTY TYPE OF COLLISION Total Fatal and Injury Alcohol Involved Had Been Drinki,ng Driver< 21 Had Been Drinking Driver 21 -34 Motorcycles Pedestrians Pedestrians < 1 5 Pedestrians 65+ Bicyclists Bicyclists< 15 Composite Group B Population (Avg) 113179 VICTIMS KILLED & INJURED 768 81 7 26 74 30 6 5 47 4 453 I l T I DVMT 1982123 OTSRANKING 48/58 32/58 7/58 34/58 10/58 23/58 10/58 8/58 9/58 19/58 28/58 TYPE OF COLLISION Speed Related Nighttime (9:00pm - 2:59am) Hit an d Run FATAL & INJURY COLLISIONS 241 OTS RANK1ING 29/58 40/58 33/58 TYPE OF ARRESTS DUI Arrests ARRESTS 276 60 38 %IRATE OTS RANKING* 19/58 -l Nov. 19, 2019 Item #13 Page 19 of 19