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HomeMy WebLinkAboutCC Resolution 13991 (Traffic Grant Safety Funds)RESOLUTION NO. 13991 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE OF STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $205,000.00 FOR THE STEP GRANT "SELECTIVE TRAFFIC ENFORCEMENT PROGRAM" FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THE GRANT IN A FORM APPROVED BY THE CITY ATTORNEY. Whereas, the State of California, Office of Traffic Safety granted the City of San Rafael $205,000.00 in grant funds; and Whereas, this grant money may be spent to pay overtime costs, travel and equipment purchase associated with the STEP Grant Program to mitigate traffic safety program deficiencies and expand onging activity; and Whereas, to improve traffic safety, City of San Rafael will conduct DUI checkpoints and saturation patrols, distracted driving enforcement, warrant service operations, court stings and stakeouts on DUI offenders, high collision intersection enforcement, speed enforcement patrols, and enforcement car stops; and Whereas, the Department will use those funds for overtime personnel costs of captains, lieutenants, sergeants, corporals, police service specialists, dispatchers and cadets; and Whereas, the Department will use those funds for travel and training, equipment purchase and expenses related to the enforcement activities. NOW, THEREFORE BE IT RESOLVED, that the City Council approves the use of $205,000.00 in California Office of Traffic Safety grant funds for the Step Grant "Selective Traffic Enforcement Program" from October 1, 2015 through September 30, 2016, and authorizes the City Manager to execute a Grant Agreement and any documents related to the Grant in a form approved by the City Attorney. I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on August 17, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey ESTHER BEIRNE, City Clerk State of California — Office of Traffic Safety GRANT NUMBER GD LiT AGREEMENT - Page 1 PT1673 OTS -38 (Rev. 4/15) 1. GRANT TITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) 2. NAME OF AGENCY CITY OF SAN RAFAEL 4. GRANT PERIOD 3. AGENCY UNIT TO ADMINISTER GRANT From: 10/1/15 POLICE DEPARTMENT To: 9/30/16 5. GRANT DESCRIPTION To reduce the number of persons killed and injured in traffic crashes involving alcohol and other primary collision factors, "best practice" strategies will be conducted. The funded strategies may include: DUI checkpoints, DUI saturation patrols, warrant service operations, stakeout operations, a "HOT Sheet" program, educational presentations, and court stings. The program may also concentrate on speed, distracted driving, seat belt enforcement, operations at intersections with disproportionate numbers of traffic crashes, and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 205,000.00 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 (OTS -38b) - Problem Statement, Goals and • Exhibit A —Certifications and Assurances Objectives and Method of Procedure • Exhibit B* - OTS Grant Program Manual • Schedule B (OTS -38d) -- Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 (OTS -38f) — Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.I*ov. 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 OF AGENCY NAME: Jim Correa PHONE: 415-485-3392 NAME: Jim Schutz TITLE: Police Lieutenant FAX: 415-485-3043 ADDRESS: 1400 Fifth Avenue San Rafael, CA 94901 E- .439@s� g r,,% (Signature) (Date) C. FOR ACCOUNTING OFFICIAL NAME: Mark Moses PHONE: 415-485-5018 TITLE: Finance Manager FAX: 415-485-3043 ADDRESS: 1400 Fifth Avenue San Rafael, CA 94901 TITLE: City Manager ADDRESS: 1400 Fifth Avenue San Rafael, CA 94901 PHONE: 415-485-3070 FAX: 415-485-3043 E-=&FFI'CEAUFHOIUZEDTo fael.org 6 (Date) D. PAYMENTS NAME: Finance Department ADDRESS: 1400 Fifth Avenue San Rafael, CA 94901 9. DUNS NUMBER E-MAIL: Mark.moses@cityofsanrafael.org DUNS #: 19-842-3832 REGISTERED 1400 5th Avenue ADDRESS & San Rafael, CA 94901 (Signature) (Date) ZIP: 7 C,....0 L GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1673 PAGE 1 1. PROBLEM STATEMENT The City of San Rafael is located in Marin County. San Rafael serves as the County Seat and has a population of approximately 58,040 people. Traffic volume is extremely heavy throughout the city due to several reasons. Business and commerce bring people into the city from other areas of the Bay Area, the population of San Rafael during the day swells to well over 100,000 people. US 101 and I-580 intersect in San Rafael, providing a very large volume of traffic during morning and evening commute hours along with a steady traffic flow during non -commute hours. The roadway in San Rafael's Downtown area is much like a large grid pattern. There are multi -lane streets intersecting with other multi -lane streets, some of which are "one way". Much of the traffic is concentrated in the downtown grid area, which is congested by on and off -ramps connected northbound and southbound US 101. Collision data from the 2011 base year indicated that most of the injury collisions occur due to speed, unsafe turns and red light violations. The Police Department has also struggled to reduce fatal and injury collisions involving pedestrians and bicyclists. A review of the base year 2011 collision data indicates that San Rafael continues to rank at/or near the upper quartile injury/fatal collisions associated with HBD drivers, unsafe speed and pedestrians. San Rafael has had 3 pedestrian fatalities in the past four months alone. The Police Department has encouraged patrol officers and traffic officers to conduct enforcement focused on reducing the alcohol and speed related collisions, along with increased pedestrian and bicyclist safety. Unfortunately, due to significantly reduced staffing and recent budget reductions, the routine workload per officer has increased dramatically and the two officers assigned to traffic enforcement are regularly used for basic patrol staffing. This increase in workload has resulted in a significant decrease in proactive enforcement by officers. A. Traffic Data Summary: Collision 2012 Injury 2013 Injured 2014 0 Type 0 54 #2 - 21453(a) VC — Red Light Violation I 18 0 27 #3 - 22107 VC — Unsafe Turns 0 18 Collisions 19 Victims Collisions Victims Collisions Victims Fatal 2 2 2 2 3 3 Injury 204 233 178 2.09 175 215 Fatal Injury Killed Injured Fatal Injury_ Killed Injured Fatal Injury, Killed Injured Alcohol - 0 14 0 15 0 15 0 17 1 14 1 16 Involved Hit & Run 0 19 0 21 10 11 0 12 0 13 0 13 Nighttime 1 20 1 22 10 16 0 17 0 23 0 29 (2100-0259 hours) Top 3 Primary Collision Factors Fatal Injury Killed Injured #1- 22350 VC - Speed 0 44 0 54 #2 - 21453(a) VC — Red Light Violation 0 18 0 27 #3 - 22107 VC — Unsafe Turns 0 18 0 19 OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1673 PAGE 2 2. PERFORMANCE MEASURES A. Goals: 1) To reduce the number of persons killed in traffic collisions. 2) To reduce the number of persons injured in traffic collisions. 3) To reduce the number of persons killed in alcohol -involved collisions. 4) To reduce the number of persons injured in alcohol -involved collisions. 5) To reduce the number of persons killed in drug -involved collisions. 6) To reduce the number of persons injured in drug -involved collisions. 7) To reduce the number of persons killed in alcohol/drug combo -involved collisions. 8) To reduce the number of persons injured in alcohol/drug combo -involved collisions. 9) To reduce the number of motorcyclists killed in traffic collisions. 10) To reduce the number of motorcyclists injured in traffic collisions. 11) To reduce the number of motorcyclists killed in alcohol -involved collisions. 12) To reduce the number of motorcyclists injured in alcohol -involved collisions. 13) To reduce hit & run fatal collisions. 14) To reduce hit & run injury collisions. 15) To reduce nighttime (2100 - 0259 hours) fatal collisions. 16) To reduce nighttime (2100 - 0259 hours) injury collisions. 17) To reduce the number of bicyclists killed in traffic collisions. 18) To reduce the number of bicyclists injured in traffic collisions. 19) To reduce the number of pedestrians killed in traffic collisions. 20) To reduce the number of pedestrians injured in traffic collisions. OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1673 B. Objectives: PAGE 3 1) To develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 2) To send 4 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hour) POST -certified training. 3) To send 4 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST -certified training. 4) To send 1 law enforcement personnel to the IACP Drug Recognition Expert (DRE) training. 5) To conduct 4 DUI/DL Checkpoints. Note: A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the NHTSA Summer Mobilization. 6) To conduct 50 DUI Saturation Patrol operation(s). 7) To conduct 4 Court Sting operation(s) to cite individuals driving from court after having their driver's license suspended or revoked. 8) To conduct 2 Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court. 9) To conduct 10 Traffic Enforcement operation(s), including but not limited to, primary collision factor violations. 10) To conduct 10 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 11) To conduct 4 highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers. 12) To conduct 4 Night-time (2100 - 0259 hours) Click It or Ticket enforcement operation(s). 13) To conduct 4 Traffic Safety educational presentations with an effort to reach 200 community members. Note: Presentations may include topics such as distracted driving, DUI, speed, bicycle & pedestrian safety, seatbelts and child passenger safety. OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1673 PAGE 4 14) To conduct 8 highly publicized enforcement operation(s) in areas of or during events with a high number of bicycle and/or pedestrian collisions resulting from violations made by bicyclists, pedestrians, and drivers. 15) To participate in and collect and report DUI enforcement data for the NHTSA Winter and Summer Mobilizations. 16) To participate in and collect and report data for the National Distracted Driving Awareness Month in April. 17) To participate in and collect and report data for the NHTSA Click It or Ticket mobilization period in May. 18) To participate in the National Bicycle Safety Month in May. 19) To collaborate with the county's Avoid Lead Agency by: participating in all planning/scheduling meetings and MADD/Avoid DUI Seminars; providing your agency's schedule of operations that occur during any Avoid campaign; and reporting your agency's DUI arrests & DUI fatality information during any Avoid campaign. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. NOTE. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release for each checkpoint operation. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUUDL checkpoint. Signs for DUF/DL checkpoint operations should read "DUI/Driver's License Checkpoint Ahead. " OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoint operations that begin prior to 1800 hours. 3. METHOD OF PROCEDURE A. Phase 1- Program Preparation. Training and Implementation (Vt Quarter of Grant Year) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. OTS -38b (Rev. 4/15) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1673 PAGE 5 In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. Media Requirements • Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at Dio(a.ots.ca.gov. and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. B. Phase 2 - Prozram Ouerations (Throushout Grant Year) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at Diona.ots.ca.Rov. with a copy to your OTS Coordinator. a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10-20 days prior to the release date to ensure adequate turn -around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. OTS -38b (Rev. 4/15) GRANTs MADE EASY - STEP SCHEDULE A GRANT ftscmpnoN GRANT No. PT1673 PAGE 6 • Email the OTS PIO at DioQots.ca.Rov 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 Dio(a_),ots.ca._aov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant -funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 — Data Collection & ReDortina (Throughout Grant Year) Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. • Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. AmmsTRATwE SUPPORT This program has fiffl support of the City of San Rafael. Every effort will be made to continue the activities after the grant conclusion. OTS -38b (Rev. 4/15) SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PTI 673 COST CATEGORY A. PERSONNEL COSTS Positions and Salaries Overtime DUI/DL Checkpoints DUI Saturation Patrols Court Sting Operations Warrant Service Operations Benefits @ 0.0145 Traffic Enforcement Operations Distracted Driving Operations Motorcyle Safety Operations Night-time CIOT Enforcement Operations Traffic Safety Educational Presentations Bike/Ped Enforcement Operations Benefits @ 0.0145 Category Sub -Total B. TRAVEL EXPENSE In -State FISCAL YEAR ESTIMATES 10/1/15 thru 9/30/16 TOTAL COST TO GRANT CFDA FY -1 20.608 $ IAL FUND NUMBER NUMBER ((CFDA) FUND DESCRIPTION AMOUNT $ M[NIMUM PENALTIES FOR REPEAT $ 164 AL 20.608 OFFENDERS FOR DRIVING WHILE $97,595 10,800.00 INTOXICATED 10,800.00 20.608 STATE AND COMMUNITY HIGHWAY 5,400.00 402 PT 20.600 5,400.00 $107,405 $ SAFETY $ COST CATEGORY A. PERSONNEL COSTS Positions and Salaries Overtime DUI/DL Checkpoints DUI Saturation Patrols Court Sting Operations Warrant Service Operations Benefits @ 0.0145 Traffic Enforcement Operations Distracted Driving Operations Motorcyle Safety Operations Night-time CIOT Enforcement Operations Traffic Safety Educational Presentations Bike/Ped Enforcement Operations Benefits @ 0.0145 Category Sub -Total B. TRAVEL EXPENSE In -State FISCAL YEAR ESTIMATES 10/1/15 thru 9/30/16 TOTAL COST TO GRANT CFDA FY -1 20.608 $ 48,000.00 $ 48,000.00 20.608 $ 32,000.00 $ 32,000.00 20.608 $ 10,800.00 $ 10,800.00 20.608 $ 5,400.00 $ 5,400.00 20.608 $ 1,395.00 $ 1,395.00 20.600 $ 27,000.00 $ 27,000.00 20.600 $ 27,000.00 $ 27,000.00 20.600 $ 10,800.00 $ 10,800.00 20.600 $ 10,800.00 $ 10,800.00 20.600 $ 3,000.00 $ 3,000.00 20.600 $ 21,600.00 $ 21,600.00 20.600 $ 1,453.00 $ 1,453.00 $ 199,248.00 $ 199,248.00 20.600 $ 5,752.00 $ 5,752.00 Category Sub -Total $ 5,752.00 $ 5,752.00 C. CONTRACTUAL SERVICES None Category Sub -Total D. EQUIPMENT None Category Sub -Total E. t, Y n_&K DIRECT COSTS None Category Sub -Total $ - $ - F. INDIRECT COSTS None Category Sub -Total $ - $ - GRANT TOTALS $ 205,000.00 T $ 205,000.00 OTS -38d (Rev. 4/15) Page 1 of 2 SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT1673 OTS -38d (Rev. 4/15) Page 2 of 2 SCHEDULE B-1 GRANT No. PT1673 STEP BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $15.85/hour to $102.55/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Overtime Benefit Rates Medicare 1.45% TOTAL BENEFIT RATE 1.45% TRAVEL EXPENSE In State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES None. EOUIPMENT None. OTHER DIRECT COSTS None. INDIRECT COSTS None. PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 4/15) Exmrr A CERTMCATIONS AND ASSURANCES Page 1 Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs NONDISCREwiNATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub -recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq. ), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. Certifications and Assurances (Rev. 6/15) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certifications and Assurances (Rev. 6/15) ExmBrr A CERTIFICATIONS AND ASSURANCES Page 3 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the Certifications and Assurances (Rev. 6/15) ExmBrr A CERTIFICATIONS AND ASSURANCES Page 4 eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions (1) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government the Certifications and Assurances (Rev. 6/15) ExHiBIT A CERTIFICATIONS AND ASSURANCES Page 5 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certifications and Assurances (Rev. 6/15) ExmIT A CERTIFICATIONS AND ASSURANCES Page 6 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 6/15) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL POLICE DEPARTMENT AND THE PARTICIPATING MARIN COUNTY LAW ENFORCEMENT AGENCIES AVOID THE 13 DUI CAMPAIGN — MARIN COUNTY FUNDED BY THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY THIS MEMORANDUM OF UNDERSTANDING, entered into this 17th day of August 2015, by and between the CITY OF SAN RAFAEL POLICE DEPARTMENT, hereinafter called the San Rafael Police Department and the participating Marin County Law Enforcement Agencies, hereinafter called Marin LEA's, related to the Avoid the 13 DUI Campaign-- Marin County hereinafter called Avoid the 13 Campaign funded by the State Office of Traffic Safety, hereinafter called OTS. WHEREAS, it is necessary and desirable that Marin LEA's be retained for the purpose of performing professional services for the Avoid the 13 campaign; The Marin County LEA's participating include the Belvedere Police Department, California Highway Patrol, Central Marin Police Authority, Fairfax Police Department, Marin Community College Police Department, Marin County Sheriff's Department, Mill Valley Police Department, Novato Police Department, Ross Department of Public Safety, Sausalito Police Department, and Tiburon Police Department. WHEREAS, the San Rafael Police Department is one of the participating Marin LEA's in the Avoid the 13 Program; IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Services to be Performed by the San Rafael Police Department and all Marin LEA's. During the term of October 1, 2015 through September 30, 2016, all Marin LEA's participating in the Avoid the 13 campaign shall provide DUI enforcement staff, on an overtime basis as staffing levels allow for the Avoid the 13 during the driving under the influence campaign enforcement period beginning on the weekend of October 1, 2015 through September 30, 2016. All Marin LEA's commit to participate in the annual campaign as staffing levels allow and to encourage officers to emphasize DUI enforcement during all phases of the grant. All Marin LEA's commit to provide statistical reporting data after enforcement to the San Rafael Police Department. The San Rafael Police Department agrees to adhere to the OTS grant programmatic, financial and statistical reporting and understands that adhering to the requirements is necessary to be reimbursed for DUI enforcement activities conducted during the time periods of October 1, 2015 through September 30, 2016. 1 of 6 2. Pavment A. Maximum Amount: In full consideration of the services provided during the campaign enforcement periods, the amount that the San Rafael Police Department shall be obligated to pay for services rendered under this Memorandum of Understanding shall not exceed the dollar amounts set forth in the Avoid the 13 campaign grant to the term on this Memorandum of Understanding. Funds are to be used solely for reimbursement of officer overtime incurred while staffing DUI Enforcement activities in support of the Avoid the 13 Campaign during the time period of October 1, 2015 through September 30, 2016. B. Rate of Payment: All Marin LEA's will receive reimbursement for officer overtime through the Avoid the 13 Campaign for a total sum not to exceed the dollar amounts set fourth in the Avoid the 13 Grant, which is $95,000.00 for the term of the Memorandum of Understanding. The amount all participating Marin LEA's will receive will be based on actual staff hours worked on DUI enforcement for the Avoid the 13 Campaign and as invoices in accordance with paragraph C, Invoice Requirements as stated below. The above funding amount is solely for reimbursement of officer overtime incurred during DUI enforcement activities conducted during the Avoid the 13 enforcement period. C. Invoice Requirements: Invoices shall include dates and hours worked, officer's name, officer's overtime salary rate with allowable benefits, number of hours worked and total dollars requested for overtime reimbursement. The only benefit cost OTS will reimburse is Medicare. County, City and/or Marin LEA's overhead costs and consumable goods will not be reimbursed. Invoices shall also include the statistics required by OTS as outlined in Item 3, Statistical Reporting. D. Time limit for Submitting Invoices: All Marin LEA's shall submit an invoice for service to the San Rafael Police Department. All Marin LEA's shall submit the required statistical data the following day of any DUI enforcement operation(s) to the San Rafael Police Department. The San Rafael Police Department shall not be obligated to pay Marin LEA's for the services covered by any invoice if any Marin LEA's present the invoices to the San Rafael Police Department more than thirty (30) days after the date Marin LEA's render the services, or more than thirty (30) days after this Memorandum of Understanding terminates, whichever is earlier or if any Marin LEA's fail to provide the San Rafael Police Department with statistical data of any DUI enforcement operation(s). 3. Statistical Reporting All Marin LEA's shall collect and report to the San Rafael Police Department, the number of DUI Checkpoints paid with funds from this Memorandum of Understanding. For each checkpoint, the following information must be collected and reported: Number of vehicles passing through the checkpoint, number of vehicles screened, number of 2 of 6 field sobriety tests conducted, number of DUI arrests, number of criminal arrests, number of citations issued and number of vehicles impounded. For each DUI saturation patrol, multi -agency DUI task force operation, warrant operation and court sting operation, the following information must be collected and reported: Number of vehicles stopped, number of field sobriety tests conducted, number of DUI arrests, number of criminal arrests, number of citations issued and number of vehicles impounded. 4. Availability of Funds Payment of all services provided pursuant to the Memorandum of Understanding is contingent upon OTS funding the Avoid the 13 Grant with the san Rafael Police Department. In the event that OTS does not fund the San Rafael Police Department's grant, the San Rafael Police Department shall not be liable for any payment whatsoever. The San Rafael Police Department may terminate this Memorandum of Understanding in accordance with the provisions of Section 8 below for unavailability of OTS funds. 5. Alteration of Memorandum of Understanding This Memorandum of Understanding contains all of the terms and conditions agreed upon by the parties. No alteration or variation shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on the parties hereto. 6. Records A. Access: Marin LEA's agree to provide to the San Rafael Police Department, to any Federal or State Department having monitoring or reviewing authority, to authorize representative and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit all records and documents necessary to determine compliance with relevant Federal, State and local statutes, rules and regulations and this Memorandum of Understanding, and to evaluate the quality, appropriateness and timeliness of services performed, for a period of at least three (3) years from the termination date of this Memorandum of Understanding, or until audit findings are resolved, whichever is greater. B. Retention: The San Rafael Police Department shall maintain and preserve in its possession all records relating to this Memorandum of Understanding for a period of three (3) years from the termination date of this Memorandum of Understanding, or until audit findings are resolved, whichever is greater. 7. Compliance with Applicable Laws All services to be performed by the San Rafael Police Department and all Marin LEA's pursuant to this Memorandum of Understanding shall be performed in accordance with all applicable Federal, State, County and Municipal laws, ordinances and regulations. 3 of 6 8. Term of Agreement Subject to compliance with the terms and conditions of this Memorandum of Understanding, the term of this Memorandum of Understanding shall be from October 1, 2015 through September 30, 2016. This Memorandum of Understanding may be terminated by the San Rafael Police Department or any Marin LEA's at any time upon seven (7) days written notice to the other party. In witness whereof, the parties have executed this Memorandum of Understanding. CITY OF SAN RAFAEL POLICE CHIEF Diana Bishop Date Chief of Police TOWN OF BELVEDERE POLICE CHIEF Tricia Seyler Date Chief of Police CALIFORNIA HIGHWAY PATROL Jesus Holguin Date Commander CENTRAL MARIN POLICE CHIEF Todd A. Cusimano Date Chief of Police TOWN OF FAIRFAX POLICE CHIEF Christopher Morin Date Chief of Police 4 of 6 COLLEGE OF MARIN POLICE CHIEF Mitchell Lemay Date Chief of Police CITY OF MILL VALLEY POLICE CHIEF Angel Bernal Date Chief of Police MARIN COUNTY SHERIFF'S OFFICE Robert T. Doyle Date Sheriff CITY OF NOVATO POLICE CHIEF James Berg Date Chief of Police TOWN OF ROSS POLICE CHIEF Erik Masterson Date Chief of Police CITY OF SAUSALITO POLICE CHIEF Jennifer Tejada Date Chief of Police 5 of 6 TOWN OF TIBURON POLICE CHIEF Michael J. Cronin Date Chief of Police 6 of 6