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Item No.
APPROVED BY
T: HONORABLE MAYORF THE CITYIL ,
FROM: OFFICETHE CITY
: LESLIE R. MURRAY,_ CHIEF OF POLICE
DATE:
SUBJECT: SELECTIVE TRAFFIC ENF C (STEP
T GRANT)
EXECUTIVE SUMMARY
The City Council will consider accepting $300,000 in Selective Traffic Enforcement Program funds for Fiscal year 0-2024 from the State of California — Office of Traffic Safety. This funding will support the Downey Police Department's ongoing traffic enforcement and education programs to help reduce the number of serious injuries and deaths on the roadways. The grant will also fund additional programs and resources, including alcohol and drug impaired driving enforcement, traffic enforcement, officer training and/or recertification, and public awareness s and education.
RECOMMENDATION
That the City Council:
1. Accept a grant award from the Office of Traffic Safety in the amount of $300,000 to conduct various selective traffic enforcement operations throughout the City of Downey; and
2. Increase the Fiscal Year202-2024 Budget by $300,000 to account for these revenues and accompanying expenses.
BACKGROUND
The State of California — Office of Traffic Safety (OTS) funds selective traffic enforcement programs throughout California. The goal is to reduce the number of victims killed and injured in crashes involving alcohol and other primary collision factors. OTS awards grants on a competitive basis using several criteria including performance on previous grants, the number of alcohol -involved fatalities and injuries; and the value of the funding requested. Highly y publicized Driving Cinder the Influence/Driver License Checkpoints during the National Highway Traffic Safety Administration (HTSA) specified Winter and Summer Mobilization periods are priority for OTS and NHTSA along with participation in the National Distracted Driving Awareness Month in April, and NHTSA's Click it or Ticket mobilization period in May.
The Downey Police Department has received Selective Traffic Enforcement Program grants for the _last seven years totaling $,1,72. This grant has enabled the
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM {STEP GRANT)
NOVEMBER 28, 2023
Downey Police Department to conduct thousands of traffic stops addressing primary collision factors and make numerous arrests for driving impaired within the City.
ANALYSIS
The Downey Police Department works closely with OT5 Coordinators to administer and coordinate operations for the grant, The Mate of California - Office of Traffic Safety's Traffic Enforcement Program for 2023.2024 has the following eighteen (18) goals:
• Reduce the number of persons killed in traffic collisions. • Reduce the number of persons injured in traffic collisions. • Reduce the number of persons killed in alcohol -involved collisions. • Reduce the number of persons injured in alcohol -involved collisions. • Reduce the number of persons killed in drug -involved collisions. • Reduce the number of persons injured in drug -involved collisions. • Reduce the number of persons killed in alcohol/drug combo -involved collisions. • Reduce the number of persons injured in alcohol/drug combo -involved collisions. • Reduce the number of motorcyclists killed in traffic collisions. • Reduce the number of motorcyclists "injured in traffic collisions. • Reduce hit & run fatal collisions.
• Reduce hit & run injury collisions.
• Reduce nighttime (9:00 p.m. - 2:59 a.m.) fatal collisions. • Reduce nighttime (9:00 p.m. - 2: 9 a.m.) injury collisions. • Reduce the number of bicyclists killed in traffic collisions • Reduce the number of bicyclists injured in traffic collisions. • Reduce the number of pedestrians killed in traffic collisions. • Reduce the number of pedestrians injured in traffic collisions.
If accepted, the grant funding of $292,520 will be used on the following components:
• DUIIDL Checkpoints = $65,000
• DUI Saturations = $97,200
• Traffic Enforcement Operations = $72,000
• Distracted Driving Operation s= $1,2 0
• Motorcycle Safety Enforcement = $8,640
• Bicycle and Pedestrian Operations= $25,2
• Know Your Limit = $1,440
• Traffic Safety Education = $1,440
• Street Racing & Sideshow Enforcement = $ ,8 0
• Collaborative Traffic Enforcement="$720.00
2 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM {STEP GRANT)
NOVEMBER 28,_2023
An additional $7,480 has been granted for the following travel expenses and casts:
• Travel expenses, in -state, for training = $1,1 0
• DUI checkpoint supplies = $6,360
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Efficiency & Adaptability
Quality of life, Safety & Infrastructure
Public Engagement
IMPACTFISCAL -
Approval of the recommended actions will result in an appropriation and estimated revenue increase in the amount of $300,000 to the Police Department's Fiscal Year 023- 2024 Budget revenue account 11-3-5325 and expense account 11-4-211:
ATTACHMENT
Attachment A: State of California Office of Traffic Safety Grant Agreement 3 State of California — Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT
PT24058
1.. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
27 NAME OF AGENCY 3, rant Period
Downey Pram: 10/0112023
. AGENCY UNIT To ADMINISTER GRANT To: 09/30/2024
DowneX Police De artent
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and ether 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 strafe ies are deli ned fo earn media attention thus enhancin the overall deterrent effect.
6. Federal Funds Allocated Under This reement shall of Exceed: $300,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by #his reference made a part of the reement:
• Schedule A - Problem Statement, Goals and Objectives and Method of Procedure • Schedule B - Detailed "Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule -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: w .ots:ca.v:
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. . Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME: Mike Parino ADDRESS: Leslie Murray
TITLE: Captain Chief of Police
EMAIL: mparino cx downeyca:org [email protected]
PHONE: (562) 904-2347 (562) 904-2323
ADDRESS: 10911 Brookshire Ave: 10911 Brookshire Ave.
Downey, CA 90241 Downey, CA 90241
Oct 24, 2023 1 Nov 14 2023
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Stephen Hannah ADDRESS: Barbara Rooney
Director of Finance Director
shannah(a downeyca:org barbara.rooney [email protected]:gov
(562) 904-7265 (916) 509-3030
11111 Brookshire Ave. 2208 Kausen Drive, Suite 300
Downey, CA 90241 Elk Grove, CA 95758
Nov 13, 2023 .: d'art
t �- Nov 15, 2023
(Signature) (Lute) (Signature) (Date)
10/23/2023 9:09:22 AM Page 1 of 18
E. - ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY
9. SAM INFORMA"nON
NAME: Carolyn Vu
SAM #: JPBXF4648WA3
ADDRESS: 2208 Kausen Drive, Suite 300
REGISTERED
Elk Grave; CA 95758
ADDRESS. ; 11111 Brookshire Ave.
CITY. Downey
Zip+4: 90241-3817
10. PROJECTED EXPENDITURES
FUND
CFDA
ITEM/APPROPRIATION
F.Y.
CHAPTER
STATUTE
PROJECTED
EXPENDITURES
164AL-24.1
20.608
0521-0890-101
2022
43/22
BA/22
$ 7, 800.00
402PT-24A
20.600
-0521-0890-101
2022
43/22
BA/22
$44,200 00
164AL-24
20.608
0521-0890-101
2023
12/23
BA/23
$112,200.00
402PT-24
20.600
0521-0890-1o1 [:2023
12/23
BA/23
$85,800.00
AGREEMENT
TOTAL
$300,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
l CERTIFY upon my own personal knowledge that the budgeted $tJVV,004.VV
funds for the current budget year are available for the period and
PRIOR AMOUNT ENCUMBERED FOR THIS
purpose of the expenditure stated above.
AGREEMENT
0.00 OTS ACCOUNTING OFFICER'S SIGNATURE
DATE SIGNED
TOTAL AMOUNT ENCUMBERED TO DATE
Nov 14, 2023
$300,000.00
10/23/2023 9.09:22 AM
+ f
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• �+ t � t ". �� �' M Ilw� l�l lfu� „ u�MI�N,UU „ � , � . ,, � � I r f rl � I t t� 00 il►I� IIII �IIM �'��I
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State and
'• uuI�Nuy �itI��MUe� 0to , ...,
'� r tt tt
� I
Straight
Overtime
r t t t
DUI/DL Check•!
#. .l.
'r t tt
r
rr R5 0 tI
DUI Saturation Patrols
tt
Know Your
A40.00
Distracted D
• •
$lo440.00
$8,640.001
Pedestrian ap• Bo
�t '
rr �l t t �
`s
ri2i5ii900
TrafficSafetyR. •
�t w ♦V1
relIic
t t.+�
rr r♦t ti
Collaborative Traffic En rc ent
StreetRacing
lu�r ■ u
n �It��t �t
i•
r first tt
Operations
Category Sub -Total
$292,52000
RAVEDEXPENSES
TravelIn State
t i
C. CONTRACTUAL SERVICES
$0.00
Category Sub -Total
MOO
D. EQuIPMENT
$0:00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
16 AL-2
6,360.00
1 6,360.00
Category Sub -Total
$6;360:00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL
$300,000.00
10/23/2023 9:09:22 AM
10/23/2023 9:09:22 AM Page 9 of 1
State of California — Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT
Exhibit A PT 4 68
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 CFI part 1300—Uniform Procedures for State Highway Safety (scant 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 J/1 of the Civil Rights Act of 1964 (42 L &C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 t�"I tt art 2i (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964); * (t `If R -ift. 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 C/.S C.. 324 et seq.), and Title IX of the Education Amendments of ` 1972, as amended (20'U.S.C. 1681-1683 and 1685-16 6) (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 Cl R art 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 11 and III of the Americans with Disabilities Act (42 U&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 CFI parts 7 and 38;
* 1f-eecutive Or Leer 12898, Federal ,fictions 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 Ore er t i 166 Improving Access to Servicesfor 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));
* Evecutive C redc r 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
10/23/2023 9:09:22 AM Page 10 of 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 exchided. from participation in, be denied the henefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives f-ederal financial assistance, from DOT,, including N117 A. "
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 ti 21.23(b) and (t } of49 FR art 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 forbids, 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 V1 of'the Civil Rights Act of 1964 (78 S"tat, 252, 42 U:S".0 2000d to 200(1d-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 thereinto 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.
& 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 fora 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 NI-ITSA'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 byNHTSA. You must keep records, reports, and submit the material for review 10/23/2023 9:09:22 AM Page 11 of 1
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 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 persons) 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'spolicy 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 sbrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 151-18), 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 subrecpients 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. 10/ /2023 9:09:22 AM Page 12 of 18
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 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 t C FR harts 180 and 1200:
2. The inability of a person to provide the certification required below wi11 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. 1 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 CF1T 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. & 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 Cl"12 art sub art 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
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. % 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 CFI it art 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
10/23/2023 9:09:22 AM Page 13 of 1
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 athree-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 athree-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 ? 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 teams 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 CFl2 art 9,sub art 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.
. 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 —Cower 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 C'FR nnriq l gtl and 1200:
T 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 CFI art 9 sub art 9. , 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 ( hups: f www.sarn.gov1) .
& 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 4 C Fft tsart 9, sub arrt Sk 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
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.
10/23/2023 9:09:22 AM Page 14 of 18
. 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 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.
. 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 arecipient, and the officers, employees or agents of a recipient who are responsible for makings 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. 10/23/2023 9:09:22 AM Page 16 of 18
• « •.• •• •i « - - • • --- a-
- .,. .. • •. ti .: • "' _ : • • ! i•M «« • It ♦ ,.. .. .:• ♦ -!. a ...:! "! ,,.: •. 10/23/2023 9:09:22 AM Page 16 of 18
State of California — Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access PT24058 Exhibit G
INSTRUCTIONS FOR ADDINGTi__
I. 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 (PRs) 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: PT24058
Agency Name: Downey Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $300,00000
Authorizing Official: Leslie Murray
Fiscal Official: Stephen Hannah
Grant Director: Mike Paring
CURRENT GEMS USER(S)
1. Mark- axton
Title: Sergeant Media Contact: Yes
Phone: (562) 90 -2342
Email: [email protected]
2. Tim McCarthy
Title: Sergeant Media Contact: Yes
Phone: (562) 904-2342
Email: [email protected]
3. Maria Villegas
Title: Lieutenant Media Contact No
Phone: (562) 904-230
Email: mvillegasdowneyca.org
10/23/2023 9:09:22 AM Page 17 of 18
Complete the below information if adding, removing or editing a GEMS user(s) OUR
Add/Change Remove Access
Add as a media contact?
Yes ❑
o[:]
Mark Haxton
Sergeant
Name
Job Title
[email protected]
562-904-230
Email address
Phone number
GEMS User 2
Add/Change Remove Access
Add as a media contact?
Yes
No
Dustin Doyle
Lieutenant
Name
Job Title
[email protected]
562-90-2308
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 as a media contact? Yes ❑ No
Add/Change ❑ Remove Access
Name Job Title
Email address Phone number
GEMS User a Add as a media contact? Yes ❑ No 0
Add/Change ❑ Remove Access
Name Job Title
Email address Phone number
Form completed b �r a Date' Oct23, 2023
As a signatory 1 hereby authorize the listed individual(s) to represent and have GEMS user access. {",xx."I."11�PW MichaelV. Parino
Signature Name
Oct 24, 2023 Grant Director
Date Title
10/23/2023 9:09:22 AM Page 18 of 18
"Grant Agreement - PT24058" History
Document created by Kristen Mickey ([email protected]) 2023-10-23 - 4:09:40 PM GMT
C', Document emailed to [email protected] for signature 2023-10-23 - 4:09:49 PM GMT
Email viewed by [email protected]
L
2023-10-23 - 4:14:07 PM GMT
tj& Signer [email protected] entered name at signing as Tim McCarthy 2023-10-23 - 415:46 PM GMT
6v%, Document e-signed by Tim McCarthy ([email protected]) Signature Date: 2023-10-23 - 4:15:48 PM GMT - Time Source: server Document emailed to [email protected] for signature
2023-10-23 - 4:15:50 PM GMT
Email viewed by [email protected]
2023-10-23 - 424:45 PM GMT
4 u�a Signer [email protected] entered name at signing as Michael V. Parino 2023-10-24 - 4:06:12 PM GMT
00 Document e-signed by Michael V. Parino ([email protected]) Signature Date: 2023-10-24 - 4:06:14 PM GMT - Time Source: server Document emailed to shannah(?_Ddowneyca.org for signature 2023-10-24 - 4:06.16 PM GMT
Email viewed by [email protected]
2023-11-13 - 8:14:08 PM GMT
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