The URL can be used to link to this page

Home My WebLink About13 - Acceptance of the State of California Office of Traffic Safety STEP Grant PT24131Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report October 10, 2023 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Joe Cartwright, Chief of Police - 949-644-3701, jartwright@nbpd.org PREPARED BY: Sabrina Fabbri, Sergeant, sfabbri@nbpd.org PHONE: 949-644-3743 Acceptance of the State of California Office of Traffic Safety Selective TITLE: Traffic Enforcement Program Grant PT24131 ABSTRACT: The Newport Beach Police Department (NBPD) seeks acceptance of a grant totaling $376,000 from the State of California, Office of Traffic Safety (OTS) to fund a Driving Under the Influence (DUI) Enforcement and Awareness Program, Traffic Safety Enforcement Operations, and DUI Sobriety Checkpoints. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Authorize the City Council to accept a $376,000 Selective Traffic Enforcement Program award granted to the Newport Beach Police Department by the State of California, Office of Traffic Safety per City Council Policies F-3 and F-25. To comply with City Council Policy F-3, the City Council must formally accept the award of $376,000 and create a new appropriation to expend the funds; and c) Approve Budget Amendment No. 24-021 increasing Newport Beach Police Department revenue estimates and expenditure appropriations by $376,000. DISCUSSION: The City of Newport Beach (City) is an attractive locale for Orange County nightlife and routinely competes with other cities for the most Department of Alcoholic Beverage Control licensed establishments in the State of California on a per capita basis. The population of Newport Beach is approximately 85,000 residents; however, during the summer months, the City experiences an increase in daily visitors that routinely exceeds 100,000. While tourism generates positive tax revenue for the City, it also impacts the infrastructure, NBPD, and other City departments. 13-1 Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant PT24131 October 10, 2023 Page 2 In 2007, the first grant was requested and awarded through the OTS. Since then, the NBPD has been dedicated to community education, traffic enforcement, and the reduction of DUI -related collisions. The NBPD continues to recognize the need for ongoing DUI enforcement and education, as the Traffic Data Summary table below shows. The most recent data, from 2017, supplied by the OTS indicates the NBPD's ongoing efforts have been impactful, as the City ranked in the top two of 106 similar -sized California cities in the category of DUI arrests. 2018 statistics are not yet available for this category. Traffic Data Summarv: (Newport Beach) Collision Type 2020 Totals 2021 Totals 2022 Totals Collisions Victims Collisions Victims Collisions Victims Fatal 8 9 8 8 7 10 Injury 349 478 381 508 344 464 2020 — Alcohol / Hit & Run / Ni httime Related Collisions 2021 — Alcohol / Hit & Run / Nighttime Related Collisions 2022 — Alcohol / Hit & Run / Nighttime Related Collisions Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol- Involved 1 58 2 80 5 70 5 90 3 63 5 86 Hit & Run 1 23 2 32 1 24 0 34 1 29 1 33 Nighttime (2100-0259 hours) 3 37 3 50 3 60 1 72 2 65 4 89 Top 3 Primary Collision Factors 2022 Total Collisions Fatal Injury #1 - Speed 224 2 132 #2 - DUI 157 3 63 #3 - Unsafe Turn 106 0 45 The NBPD applied for, and has been awarded, a grant from OTS to increase DUI enforcement and awareness and to fund additional traffic safety enforcement in the City. Grant number PT24131 will become effective October 1, 2023, and expire September 30, 2024. The grant funds will pay overtime and benefits costs for officers specifically assigned to DUI enforcement and awareness programs, including DUI Checkpoint Operations, DUI Saturation Patrol Operations, and Traffic Enforcement Operations related to distracted driving, motorcycle safety, and bicycle/pedestrian enforcement. In -state travel and training expenses are also included in the grant for officers attending the Standardized Field Sobriety Testing, Advanced Roadside Impaired Driving Enforcement, and Drug Recognition Expert training courses. The "Know Your Limits" program is also a part of the grant this year. The program is a collaborative effort between the NBPD and Alcoholic Beverage Control licensed establishments to educate patrons about the dangers of drinking and driving. NBPD personnel visit local alcohol -licensed establishments and provide patrons with voluntary breath tests in order to educate them on their blood alcohol concentration, thereby allowing patrons to "Know Your Limit" before they consider driving after consuming alcohol. 13-2 Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant PT24131 October 10, 2023 Page 3 Almost all DUI efforts involve overtime, as they are unique and short-term assignments that do not involve personnel scheduled to work a regular patrol assignment. The NBPD retains the same number of officers on regularly scheduled patrol while additional officers are added for the sole purpose of conducting OTS grant -funded DUI enforcement at no additional cost to the City. FISCAL IMPACT: The Budget Amendment records and appropriates $376,000 in additional revenue from the OTS STEP Grant and $376,000 in increased expenditure appropriations. The revenue will be posted to the OTS STEP FY 2023-24 Account #11035-431360-G2401 and the expenditure appropriations will be posted to the various expenditure accounts within the OTS Fund, according to the following breakdown: Account Category Amount 11035-713002-G2401 Overtime, Safety $344,900 11035-727016-G2401 Medicare Fringes $5,001 11035-861001-G2401 Travel & Meetings $3,528 11035-911024-G2401 Equipment $20,000 11035-841015-G2401 Other Direct Costs $2,571 Total FY 2023-24 STEP Grant $376,000 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Budget Amendment Attachment B — OTS Grant Agreement Copy 13-3 1F n City of Newport Beach x BUDGET AMENDMENT 2023-24 BA#: 24-021 ATTACHMENT A Department: Police ONETIME: 0 yes FIN. Requestor: Sabrina Fabbri Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: J/YFM Date 3012 L COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase revenue estimates and expenditure appropriations to accept the 2024 State of California, Office of Traffic ❑ from existing budget appropriations Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant (#PT24131) for increasing DUI Enforcement and ❑ from additional estimated revenues Awareness and funding additional traffic safety enforcement, as well as DUI Sobriety Checkpoints. Funds will be used to ❑ from unappropriated fund balance pay for overtime costs specifically used for this program, related costs for travel and training, and supplies. REVENUES Fund # Org Object Project Description Increase or (Decrease) $ 110 _............. -- 11035 431360 G2401 OTS POLICE DEPT- OTS REV 376,000.00 _- ......,....-........,..,..... --- -- Subtotal $ 376,000.00 EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 110 11035 713002 G2401 BikePedSf - CFDA20600 - Overtime 16,000.00 110 11035 713002 G2401 DUIDLCkP-CFDA20608-Overtime 45,000.00 110 11035 713002 G2401 DUISatPat - CFDA20608 - Overtime 132,800.00 110 11035 713002 G2401 DisDrvOps-CFDA20600-Overtime 9,600.00 110 11035 713002 G2401 MtrSftOps - CFDA20600 - Overtime 12,000.00 110 11035 713002 G2401 TrafEnfrc - CFDA20600 - Overtime 40,000.00 110 11035 713002 G2401 Knowl-imit - CFDA20609 - Overtime 16,500.00 110 11035 713002 G2401 TrfSftEdPr - CFDA20600 - Overtime 4,600.00 110 11035 713002 G2401 SFST/ARIDE - CFDA20608 - Overtime 40,000.00 110 11035 713002 G2401 CollabDUI-CFDA20608-Overtime 16,000.00 110 11035 713002 G2401 CollabTraf - CFDA20600 - Overtime 8,400.00 110 11035 713002 G2401 StRaceEnfr - CFDA20600 - Overtime 4,000.00 110 11035 861001 G2401 OTSOverall - CFDA20600 - IN TRAVEL 3,528.00 110 11035 727016 G2401 PRSNLBENF-CFDA20600-Medicare 1,372.00 110 11035 727016 G2401 PRSNLBENF-CFDA20608-Medicare 3,629.00 110 11035 911024 G2401 OTS POLICE DEPT- EQUIPMENT N.O.C. 20,000.00 110 11035 84101S G2401 OTS POLICE DEPT-SPECIAL DEPTSUPPLIES NDC 2,S71.00 Subtotall $ 376,000.00 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 110 300000 OTS GRANT FUND - FUND BALANCL CONTROL Subtotall $ No Change In Fund Balance 13-4 ATTACHMENT B State of California — Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT24131 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Newport Beach From: 10/01/2023 To: 09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT Newport Beach Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $376,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual • Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: Eric Little ADDRESS: Noah Blom TITLE: Lieutenant Mayor EMAIL: elittle@nbpd.org nblom@newportbeachca.gov PHONE: (949) 644-3740 (949) 644-3001 ADDRESS: 870 Santa Barbara Drive 100 Civic Center Drive Newport Beach, CA 92660 Newport Beach, CA 92660 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Jason AI -imam ADDRESS: Barbara Rooney Finance Director Director jalimam@newportbeachca.gov barbara.rooney@ots.ca.gov (949)644-3126 (916)509-3030 100 Civic Center Drive 2208 Kausen Drive, Suite 300 Newport Beach, CA 92660 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) 9/18/2023 9:23:04 AM APPROVED AS TO FORM: CITY ATTORNE 'S OFFICE ron C. Harp, City Attorney Page 1 of 22 13-5 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: FPFYQSEFJ8M3 ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 100 Civic Center Dr. CITY: Newport Beach Zip+4: 92660-3267 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $40,800.00 164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $87,040.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $79,200.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $168,960.00 AGREEMENT $376,000.00 TOTAL AMOUNT ENCUMBERED BY $376,000.00 THIS DOCUMENT 1 CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and purpose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $376,000.00 9/18/2023 9:23:04 AM Page 2 of 22 13-6 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT24131 1. PROBLEM STATEMENT The City of Newport Beach is a unique and dynamic community located along the scenic coastline of Southern California. The city and surrounding areas are deeply rooted in history. In the early 20th century, Newport Beach was home to celebrities such as John Wayne, James Cagney, Humphrey Bogart, and Shirley Temple. At approximately 51 square miles, including areas of water, Newport Beach consists of rugged coastline, inland waterways, and has a diverse mix of commerce, tourism, and distinct residential communities. Newport Beach is a hot spot for Orange County nightlife and routinely competes against other cities for the most Department of Alcoholic Beverage Control licensed establishments in the State of California (per capita). The population of Newport Beach is approximately 86,000 residents; however, during the summer months the city experiences an increase in daily visitors that routinely exceeds 100,000 per day. While the tourism generates a positive tax revenue for the city, it also stresses the infrastructure and city departments, including the police department. In 2007, our first grant was requested and awarded through the Office of Traffic Safety. Since then, the department has been dedicated to the reduction of DUI -related incidents, community education, and enforcement. Both the City and Police Department, now more than ever, recognize the importance and need for ongoing DUI education and enforcement. The most recent data (2020) supplied by the California Office of Traffic Safety, reveal the City of Newport Beach to be ranked 56 out of 106 similar -sized California cities in crash -related categories per capita. In substance, the City of Newport Beach could noticeably improve their ranking by taking a robust approach with grant funding directed at reducing fatal/injury crashes related to motorcyclists, bicyclists, unsafe speed, and impaired drivers. Newport Beach markets itself as a destination location and attracts visitors from all over the region, state, and world. The daily increase in population — including people who do not live in Newport Beach, but come to work, shop, visit, or dine — is a component of our current rankings. To provide ongoing education and enforcement to our residents, businesses, and visitors -- and to pursue increased roadway safety for all users -- we will continue to utilize our OTS grant funding to provide Traffic and Safety Education, combat impaired driving to include; DUI alcohol, DUI drugs, and a combination of both alcohol and drugs, take pro -active enforcement actions focusing on: primary crash factors, distracted driving, motorcycle safety and related violations, bicyclist and pedestrian -related traffic violations, and work collaboratively with our law enforcement partners in an effort to have a greater impact on both DUI and Traffic related operations. The City of Newport Beach has placed a great emphasis on the need for increased DUI Saturation Patrols due to the City's nightlife allure, numerous alcohol licensed establishments, and DUI arrests (2020 OTS ranking of 104/106). As indicated in our 2020 ranking, our DUI Saturation Patrols resulted in numerous stops, roadside SFSTs, and arrests. This remained consistent throughout 2021 and 2022 as we continued to be vigilant and dedicated in our efforts to reduce deaths and injuries resulting from impaired driving. During the Calendar year 2022, we had 152 traffic crashes where DUI was the primary crash factor. There were 3 alcohol -involved crashes that ended with fatalities and another 63 alcohol -involved crashes where injuries were incurred. Included in those numbers were 5 alcohol -involved motorcycle injury crashes. The crashes were dispersed all throughout our city. With our continued commitment to keeping our community safe, the Newport Beach Police Department conducted 2 DUI/Driver's License Checkpoints last grant year. During the checkpoints, officers contacted driver's, assessed their sobriety, and provided them educational materials on the inherent dangers of driving under the influence. In total, 2,195 cars passed through the checkpoints. 504 drivers were contacted, assessed, and provided literature. 9 citations were issued, and 4 DUI arrests were made. The Newport Beach Police Department regularly receives numerous complaints regarding loud vehicles with modified exhaust and racing vehicles traveling throughout the city. These racing vehicles along with those 9/18/2023 9:23:04 AM Page 3 of 22 13-7 who choose to speed pose an immediate safety risk to both the residents and visitors of our community. Unsafe speed was the #1, primary crash factor in the City of Newport Beach. During the Calendar year 2022, we had 225 traffic crashes where unsafe speed was the documented primary crash factor. The City of Newport Beach takes racing, reckless driving and speeding very seriously. We consistently work to address this problem, utilizing both education and enforcement. Additionally, we work collaboratively with our allied agencies conducting directed enforcement operations focused on primary crash factors with speed as a top priority. Bicycle safety in the City of Newport Beach is of the utmost importance. Being a beach community that has a daily population of approx. 86,000 that can easily increase to over 100,000 at any given moment depending on the weather and time of year, and we have a constant flow of bicycle and pedestrian traffic. This is a great area of concern for us when adding this into our already busy vehicular traffic. During the Calendar year 2022, we had 109 traffic crashes where a bicycle was involved and another 59 where an e-bike was involved. There was 1 fatality crash and a total of 83 victims who incurred an injury as a result of these crashes. The crashes occurred all throughout our city. In regard to pedestrians, we had 1 pedestrian fatality as a result of a crash and another 26 pedestrian victims who were injured in traffic crashes. We have also seen a dramatic increase in the number of e-bikes on the roads, trails, and sidewalks within our community. Unfortunately, we have also seen a noticeable increase in traffic law violations that have caused some safety concerns. Several of the crashes involve e-bikes. Whether it be a vehicle versus bicycle crash, solo bicyclist crash, or a bicyclist versus pedestrian crash, they are rapidly on the rise. Both the Newport Beach Police Department and the City of Newport Beach regularly receive complaints regarding e-bikes. The complaints include such things as minors not wearing helmets, unsafe operations, California Vehicle Code (CVC) violations, and near crashes between e-bike riders and pedestrians. We have begun strategic operations to encourage the safe and responsible operation of both e-bikes and traditional style bicycles. We accomplish this by using OTS (Office of Traffic Safety) funds to facilitate both the enforcement and education component. The Newport Beach Police Department strongly believes that this traffic safety model will enhance the safety of both the residents and visitors to our community. We will continue to concentrate our efforts focusing on Pedestrian and bicycle safety in an effort to try and keep our roadways safe for all users. Newport Beach Motor Officers provide PowerPoint presentations on bicycle and pedestrian safety to students at various elementary schools located throughout our city. The officers provide a 2-fold pamphlet for the students so they can follow along with the presentation and then take it home to their parents to prompt further discussion. Topics they cover include bike safety, helmet laws, E-bike laws, pedestrian safety, rules of the road, and equipment safety. At the conclusion of their presentations, students are given a verbal pop quiz and there is an open discussion to answer any questions the students may have and to discuss scenarios where bike laws may or may not apply. During the last grant period, we conducted two Traffic Safety Educational Presentations, focusing on bicycle, e-bike, and pedestrian safety. We spoke at our schools and at community events. We reached 770 staff, students, parents, and kids. We plan to conduct additional presentations during this grant year. The City of Newport Beach will continue to focus its efforts directly on bicycle safety intended to reduce the number of bicyclists injured or killed in traffic crashes by issuing bicycle front facing lights for safe and legal operation during nighttime hours. Additional events will likely include bicycle safety workshops held at elementary schools, middle schools, high schools, community centers, and community events. The Newport Beach Police Department will once again proudly present the "Know Your Limit" Campaign. Officers will visit ABC establishments throughout the city during the hours of approximately 6:00 p.m. to 12:00 p.m. They will reach out and educate citizens on the effects of alcohol on their body, the potential for serious injury or death when driving while impaired, and the negative financial penalties of a DUI arrest. By adding the "Know Your Limit" educational component to our enforcement, it will help increase public awareness, strengthen community trust, and help build respect for law enforcement. It will also help stimulate discussion about the issues of DUI and the inherent risks and dangers of driving while impaired. 9/18/2023 9:23:04 AM Page 4 of 22 13-8 During the 21/22 Grant year, we conducted 5 "Know Your Limit" operations. We went to 20 locations and contacted 239 individuals. The City of Newport Beach has a big problem with traffic related violations. This is not only due to the residents who reside in our city but takes into account all those who travel our roadways as they come to visit our beaches, restaurants, and shopping amenities. We had a total of 688 traffic crashes last year (2022). 343 of them were classified as injury crashes with a total of 463 injury victims as a result. We address these issues by conducting directed Traffic Enforcement Operations. Being a prominent beach community, we have numerous motorcyclists who come to the beach to ride along the miles of scenic coastline. This creates a problem in regard to traffic safety based on the fact that the riders will frequently not follow the rules and regulations (CVC's) of the roadway. In addition to the motorcyclist themselves, the general motorists on the highway also don't always follow the rules of the road. This can create a dangerous environment for all those who travel our roadways. We want to remain vigilant and proactive in helping to ensure that our streets and roadways are safe for all those who use them. In 2022, we had 32 motorcycle crashes with 1 resulting in a fatality and 24 injured victims. We plan to continue our DUI and traffic collaborative efforts during this grant year. We have been assisting with the Orange County Sheriff's Department and Huntington Beach Police Department's DUI Checkpoints, as well as the Street Racing Task Force out of Santa Ana, as this is a county wide problem. We have built and fostered a good strong relationship with these agencies. In return, they have also been helping us with staffing at our checkpoints. NBPD has hosted several large scale Traffic Enforcement Operations where officers focus on primary crash factors. We utilize allied agencies such as the California Highway Patrol, Orange County Sheriff's Department, Huntington Beach Police Department, Santa Ana Police Department, Seal Beach Police Department, & the California BAR (Bureau of Automotive Repair). We look forward to many more collaborations as we all work together doing our part to get impaired drivers off the road. Newport Beach PD continues to be a leader in conducting SFST/ARIDE/DRE training for officers in Orange County. NBPD instructors taught the following courses last grant year (21/22): 4 Drug Recognition Expert (DRE) training (74 total students), 4 Advanced Roadside Impaired Driving Enforcement (ARIDE) training (64 total students), 2 Standardized Field Sobriety Testing (57 students), and 1 DRE Instructor training (16 students). We are committed to making sure our streets are safe for all those who travel upon them. Whether it be by foot, bike, car, or motorcycle, we strive to do our best to ensure everyone's safety. We are grateful and appreciative to be in such successful oartnershio with the Office of Traffic Safetv. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol -involved crashes. 8. Reduce the number of persons injured in alcohol -involved crashes. 9. Reduce the number of persons killed in drug -involved crashes. 10. Reduce the number of persons injured in drug -involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo -involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo -involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 9/18/2023 9:23:04 AM Page 5 of 22 13-9 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate and report data (as required) in the following campaigns; Quarter 1: 10 National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 5 Testing SFST minimum 16 hours POST -certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 2 Driving Enforcement (ARIDE) 16 hour POST -certified training. 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. Send law enforcement personnel to SFST Instructor training. 1 9. Send law enforcement personnel to DRE Instructor training. 1 10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 3 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. 11. Conduct DUI Saturation Patrol operation(s). 83 12. Conduct Traffic Enforcement operation(s), including but not limited to, primary 20 crash factor violations. 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 6 drivers using hand held cell phones and textin . 14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 6 during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 15. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 8 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 16. Conduct Traffic Safety educational presentation(s) with an effort to reach 4 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 17. Conduct Know Your Limit campaigns with an effort to reach members of the 10 community. 18. Conduct Drug Recognition Expert (DRE) training for law enforcement officers. 1 Training consists of 72 hours of classroom instruction. 9/18/2023 9:23:04 AM Page 6 of 22 13-10 19. Conduct Advanced Roadside Impaired Driving Enforcement (ARIDE) POST- 2 certified trainings for law enforcement officers. Training consists of 16 hours of classroom training. 20. Conduct Standardized Field Sobriety Testing (SFST) POST -certified trainings 16 2 hour minimum for law enforcement officers. 21. Participate in highly visible collaborative DUI Enforcement operations. 10 22. Participate in highly visible collaborative Traffic Enforcement operations. 6 23. Send law enforcement personnel to DUI Checkpoint Planning and Management 2 training. 24. Conduct specialized enforcement operations focusing specifically on street racing 2 and sideshow activities. 25. Provide law enforcement personnel with POST -certified training for Standardized 1 Field Sobriety Testing (SFST) Instructor (minimum 16 hours). 26. Provide law enforcement personnel with POST -certified Drug Recognition Expert 1 (DRE) Instructor training (40 hours). 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (111 Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 — Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant -related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre -approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval 9/18/2023 9:23:04 AM Page 7 of 22 13-11 and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time -sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant -related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough -cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant -funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format -appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant -related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant - related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. • Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 9/18/2023 9:23:04 AM Page 8 of 22 13-12 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. 9/18/2023 9:23:04 AM Page 9 of 22 13-13 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24131 Schedule B FUND NUMBER CATALOG NUMBER CFDA FUND DESCRIPTION TOTAL AMOUNT 164AL-24 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $256,000.00 402PT-24 20.600 State and Community Highway Safety $120,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-24 $15,000.00 3 $45,000.00 DUI Saturation Patrols 164AL-24 $1,600.00 83 $132,800.00 Collaborative DUI Enforcement 164AL-24 $1,600.00 10 $16,000.00 Know Your Limit 164AL-24 $1,650.00 10 $16,500.00 SFST/ARIDE/DRE Instruction 164AL-24 $40,000.00 1 $40,000.00 Benefits for 164AL - OT @ 1.45% 164AL-24 $250,300.00 1 $3,629.00 Traffic Enforcement 402PT-24 $2,000.00 20 $40,000.00 Distracted Driving 402PT-24 $1,600.00 6 $9,600.00 Motorcycle Safety 402PT-24 $2,000.00 6 $12,000.00 Pedestrian and Bicycle Enforcement 402PT-24 $2,000.00 8 $16,000.00 Street Racing and Sideshow Enforcement Operations 402PT-24 $2,000.00 2 $4,000.00 Collaborative Traffic Enforcement 402PT-24 $1,400.00 6 $8,400.00 Traffic Safety Education 402PT-24 $1,150.00 4 $4,600.00 Benefits for 402PT - OT @ 1.45% 402PT-24 $94,600.00 1 $1,372.00 Category Sub -Total $349,901.00 B. TRAVEL EXPENSES In State Travel 402PT-24 $3,528.00 1 $3,528.00 $0.00 Category Sub -Total $3,528.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT Changeable Message Sign Trailer with Radar 402PT-24 $20,000.00 1 $20,000.00 Category Sub -Total $20,000.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-24 $2,071.00 1 $2,071.00 Pedestrian/Bicycle Safety Items 402PT-24 $500.00 1 $500.00 Category Sub -Total $2,571.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 9/18/2023 9:23:04 AM Page 10 of 22 13-14 GRANT TOTAL $376,000.00 9/18/2023 9:23:04 AM Page 11 of 22 13-15 State of California —Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT24131 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate department personnel. Benefits for 164AL - OT @ 1.45% - Benefits breakdown: Medicare - 1.45% Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Street Racing and Sideshow Enforcement Operations - 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 Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Benefits for 402PT - OT @ 1.45% - Benefits breakdown: Medicare - 1.45% TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES EQUIPMENT Changeable Message Sign Trailer with Radar -Fully equipped changeable message sign trailer(s) with a radar device and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information and messages during OTS funded operations. OTHER DIRECT COSTS DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies. 9/18/2023 9:23:04 AM Page 12 of 22 13-16 Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS. INDIRECT COSTS 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 here under. Benefits for personnel costs can only be applied to straiqht time or overtime hours charqed to the grant. 9/18/2023 9:23:04 AM Page 13 of 22 13-17 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT24131 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); • Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988. Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. GENERAL ASSURANCES 9/18/2023 9:23:04 AM Page 14 of 22 13-18 In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination tinder any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA. " The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 21.23(b) and (e) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. " 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 9/18/2023 9:23:04 AM Page 15 of 22 13-19 upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 9/18/2023 9:23:04 AM Page 16 of 22 13-20 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 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 (hops: //www.sam.go0. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY TIER COVERED TRANSACTIONS 9/18/2023 9:23:04 AM Page 17 of 22 13-21 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https:llwww.sam.govl). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS 1 . The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 9/18/2023 9:23:04 AM Page 18 of 22 13-22 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create, checkpoints that specifically target motorcyclists. 9/18/2023 9:23:04 AM Page 19 of 22 13-23 POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company - owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/18/2023 9:23:04 AM Page 20 of 22 13-24 State of California — Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access PT24131 Exhibit C INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (APRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. GRANT DETAILS Grant Number: PT24131 Agency Name: Newport Beach Police Department Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $376,000.00 Authorizing Official: Noah Blom Fiscal Official: Jason AI -imam Grant Director: Eric Little CURRENT GEMS USER(S) 1. Sabrina Fabbri Title: Sergeant Media Contact: Yes Phone: (949) 644-3743 Email: sfabbri@nbpd.org 2. Eric Little Title: Lieutenant Media Contact: No Phone: (949) 644-3740 Email: elittle@nbpd.org 3. Steve Oberon Title: Sergeant Media Contact: No Phone: (949) 644-3743 Email: soberon@nbpd.org 4. Corey Wolik Title: Sergeant Media Contact: No Phone: (949) 644-3743 Email: cwolik@nbpd.org 9/18/2023 9:23:04 AM Page 21 of 22 13-25 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No❑ Name Job Title Email address Phone number GEMS User 2 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 3 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 4 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 5 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Form completed by: Phone number Date: As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. Signature Name Grant Director Date Title 9/18/2023 9:23:04 AM Page 22 of 22 13-26