Agenda Packet — Salinas City Council, September 26, 2023 (part 28 of 28)

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-583, Version: 1
2024 Office of Traffic Safety (OTS) Grants and Agreement with Ecology Action Approve a Resolution accepting the $101,000 OTS Selective Traffic Enforcement Program (STEP) grant; accepting the $115,148 OTS Pedestrian and Bicycle Safety Program (PBSP) grant; and authorizing the execution of an Agreement with Ecology Action for $115,148 to provide OTS-PBSP grant services.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: SEPTEMBER 26, 2023
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: OFFICE OF TRAFFIC SAFETY (OTS) GRANTS AND

AGREEMENT WITH ECOLOGY ACTION
RECOMMENDED MOTION:

A motion to approve the following:

1. A Resolution authorizing the acceptance of the 2024 California Office of Traffic Safety (OTS) grant in the amount of $101,000 for the Selective Traffic Enforcement Program (STEP), the execution of all grant-related documents, and the establishment of the 2024 OTS-STEP Grant appropriation of up to $101,000 and corresponding revenue budget to support grant activities.

2. A Resolution authorizing the acceptance of the 2024 California Office of Traffic Safety grant in the amount of $115,148 for the Pedestrian and Bicycle Safety Program (PBSP), the execution of all grant-related documents, and the establishment of the 2024 OTS-PBSP Grant appropriation of up to $115,148 and corresponding revenue budget to support grant activities.

3. A Resolution authorizing the execution of an Agreement with Ecology Action for $115,148 to provide services funded by the 2024 California OTS-PBSP grant.

RECOMMENDATION:

Staff recommends that the City Council approve a Resolution to authorize the acceptance of the OTS-STEP and OTS-PBSP Grants and to authorize the establishment of the grant appropriations and corresponding revenue budgets to support both OTS-STEP and OTS-PBSP grant activities.

Staff further recommends that the City Council approve a Resolution authorizing the execution of an Agreement with Ecology Action for $115,148 to provide services funded by the 2024 OTSPBSP grant.

EXECUTIVE SUMMARY:

The Salinas Police Department has been awarded two OTS Grants to support the department’s traffic enforcement and education efforts related to traffic, bicycle, and pedestrian safety. The Page | 2
Department is requesting authorization to accept both the OTS-STEP and OTS-PBSP grants, and to execute an agreement with Ecology Action to provide OTS-PBSP grant activities.

BACKGROUND:

Annually the California Office of Traffic Safety (OTS) makes funds available to local agencies to further their traffic enforcement and education efforts related to traffic, bicycle, and pedestrian safety. The Salinas Police Department (SPD) has been awarded OTS Selective Traffic Enforcement Program (STEP) grant funding in the amount of $101,000.00 to aid in its efforts to reduce the number of people killed and injured in traffic collisions, both alcohol-related and non-alcohol related. SPD had received OTS-STEP grant funding for the last 10 years to support DUI and traffic enforcement activities. This STEP grant will target problems that include speed violations, distracted driving, red-light violations, pedestrian/vehicle right-of-way violations, and enforcement at locations with a high instance of collisions and injuries. The grant will also provide funding for DUI saturation patrols, Distracted Driving patrols, and Sobriety Checkpoints. The grant funds will enable SPD to employ best practice strategies on an overtime basis. To further deter serious traffic collisions, injuries and fatalities, the Police Department will use the grant funds to conduct traffic enforcement operations targeting distracted drivers and other violations that have shown to be the proximate cause of collisions in Salinas. The Police Department will also use the grant funds as reimbursement for training and travel expenses associated with the Department’s traffic enforcement efforts. The grant period will run from October 1, 2023 through September 30, 2024.

The Salinas Police Department has also been awarded OTS Pedestrian and Bicycle Safety Program (PBSP) grant funding in the amount of $115,148 to aid in its efforts to reduce the number of people killed and injured in pedestrian and bicycle traffic collisions. SPD has been awarded the OTSPBSP grant since 2019, and the grant period will run from October 1, 2023 through September 30, 2024. As in previous years, SPD will subcontract the full amount of the OTS-PBSP grant, $115,148, to Ecology Action for the provision of grant activities. Ecology Action is a company based in Santa Cruz and they have partnered with the Transportation Agency of Monterey County (TAMC) in hopes of serving every student in Monterey County with pedestrian and bicycle safety education by the time they finish 5th grade. To achieve this goal, Ecology Action works in close collaboration with several community partners, including TAMC, the Monterey County Health Department, the Monterey Peninsula Foundation, the Community Foundation of Monterey County, and others to provide support for these efforts. Through their work with the Salinas Police Department on the 2024 OTS-PBSP grant, Ecology Action will provide 30 Walk Smart Classroom Presentation and related Walking Field Trips, and 27 Bike Smart Classroom Presentations and related Bike Rodeos. In addition to the educational components provided by Ecology Action, they will distribute bicycle helmets and bicycle safety equipment during bicycle safety community events, bicycle safety courses, and other community events.

The Department is requesting City Council approval to accept the 2024 OTS-STEP Grant in the amount of $101,000, accept the 2024 OTS-PBSP grant in the amount of $115,148, and approval to execute an Agreement with Ecology Action to provide training to the community as funded by the $115,148 OTS-PBSP grant.

Page | 3
POLICE COMMUNITY ADVISORY COMMITTEE:

The Police Chief discussed the awarding of these OTS grants with the Police Community Advisory Committee during their meeting on August 23, 2023. The Committee had no questions or comments related to these requested actions.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Approving the proposed Resolutions will support the City Council Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department will work with the Legal Department during approval, and with the Finance Department during implementation.

FISCAL AND SUSTAINABILITY IMPACT:

Proposed funding from the OTS Grants will be used to support the Salinas Police Department’s traffic enforcement and education efforts related to traffic, bicycle, and pedestrian safety, including the Agreement with Ecology Action. No matching funds are required from the City of Salinas to receive the grant funds and the Resolutions authorize the establishment of an appropriation and corresponding revenue budget to support grant activities.

ATTACHMENTS:

Resolution – Acceptance of OTS-STEP Grant
Resolution – Acceptance of OTS-PBSP Grant
Resolution – Agreement with Ecology Action
Draft 2024 OTS-STEP Grant Agreement
Draft 2024 OTS-PBSP Grant Agreement
Draft Ecology Action Agreement
RESOLUTION NO. ______________ (N.C.S.)
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2024

CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FOR THE SELECTIVE

TRAFFIC ENFORCEMENT PROGRAM
WHEREAS, increased traffic enforcement has been established as a priority for the City of Salinas; and
WHEREAS, the purpose of the Selective Traffic Enforcement Program is to identify and arrest drivers who are operating a motor vehicle under the influence of alcohol, target repeat DUI offenders, target distracted drivers and address other traffic problems throughout the City of Salinas shown to be the proximate cause of injury collisions by using “best practice strategies.” The program strategies include DUI checkpoints, DUI saturation patrols and other methods; and WHEREAS, the City of Salinas has been awarded a grant of $101,000 from the California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP), contingent upon City’s good-faith effort to implement the 1-year grant by October 1, 2023.

NOW THEREFORE BE IT RESOLVED that the Salinas City Council authorizes the acceptance of the 2024 OTS-STEP grant funding in the amount of $101,000 and further authorizes the execution of all grant acceptance documents; and
BE IT FURTHER RESOLVED that the Salinas City Council authorizes the establishment of the 2024 OTS-STEP Grant appropriation of up to $101,000 and corresponding revenue budget for grant activities.

PASSED AND APPROVED this 26th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

____________________________
Kimbley Craig, Mayor
ATTEST:
__________________________________
Patricia M. Barajas, City Clerk
RESOLUTION NO. ______________ (N.C.S.)
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2024

CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FOR THE PEDESTRIAN AND

BICYCLE SAFETY PROGRAM
WHEREAS, Salinas has a high rate of vehicle collisions annually, with a large number involving pedestrians and bicyclists; and
WHEREAS, Salinas has great potential for walking and biking, and children and youth need education and support to do so safely; and
WHEREAS, the purpose of the Pedestrian and Bicycle Safety Program is to reduce the number of injuries and deaths of pedestrians and bicyclists in traffic collisions through classroom education, bicycle rodeos, community events, presentations, and workshops; and WHEREAS, the City of Salinas has been awarded a grant of $115,148 from OTS for the Pedestrian and Bicycle Safety Program, contingent upon City’s good-faith effort to implement the 1-year, grant, by October 1, 2023.

NOW THEREFORE BE IT RESOLVED that the Salinas City Council authorizes the acceptance of the 2024 OTS-PBSP grant funding in the amount of $115,148 and further authorizes the execution of all grant acceptance documents; and
BE IT FURTHER RESOLVED that the Salinas City Council authorizes the establishment of the 2024 OTS-PBSP Grant appropriation of up to $115,148 and corresponding revenue budget for grant activities.

PASSED AND APPROVED this 26th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

____________________________
Kimbley Craig, Mayor
ATTEST:
__________________________________
Patricia M. Barajas, City Clerk
1 RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING AGREEMENT WITH ECOLOGY ACTION
WHEREAS, the City of Salinas desires to implement the 2024 California Office of Traffic Safety (OTS) Pedestrian and Bicycle Safety Program Grant (PBSP), funded by OTS in the amount of $115,148; and
WHEREAS, the purpose of the Pedestrian and Bicycle Safety Program is to reduce the number of injuries and deaths of pedestrians and bicyclists in traffic collisions through classroom education, bicycle rodeos, community events, presentations, and workshops; and WHEREAS, Ecology Action is partnered with several local agencies to provide bicycle and pedestrian education in Salinas schools, has a history successful history performing similar service in Salinas, and is well equipped to perform the service for the Pedestrian and Bicycle Safety Program.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the execution of an Agreement with Ecology Action for $115,148 to provide service for the 2024 OTS-PBSP Grant.

PASSED AND APPROVED this 26th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
8/30/2023 3:43:59 PM Page 1 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24167

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Salinas From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Salinas Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $101,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Tonya Erickson
Police Services Administrator
[email protected]
(831) 758-7325
312 E. Alisal St.

Salinas, CA 93901
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Steven Carrigan
City Manager
[email protected]
(831) 758-7201
200 Lincoln Avenue
Salinas, CA 93901
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jim Pia
Assistant City Manager
[email protected]
(831) 758-7425
200 Lincoln Avenue
Salinas, CA 93901
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
8/30/2023 3:43:59 PM Page 2 of 16

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $101,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$101,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $101,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

CHDWBL29G9Z5
200 Lincoln Avenue
Salinas
93901-2639
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
8/30/2023 3:43:59 PM Page 3 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24167

1. PROBLEM STATEMENT
The City of Salinas, located in Central California, is the largest city in Monterey County with an estimated 162,791 residents. The City is the 32nd largest in California based on population according to the League of California Cities. Salinas is largely a Spanish-speaking community, 80% of residents are Hispanic or Latino, 27% are White, 6% Asian, 1% African American, 1% American Indian and 8% are two or more races. An undetermined number of migrant workers come into the City on a seasonal basis, which causes the population to rise significantly for several months during the primary agricultural growing season. This makes it difficult to accurately assess the population. The data shows Salinas has a serious traffic safety problem. Residents may not fully understand traffic laws, and language and cultural differences exacerbate this problem.

The City of Salinas is approximately 23.45 square miles with 339 miles of roadway. U.S. 101 traverses the City running north and south. SR- 68 and SR-183 also run through Salinas. This diverse network of roadways contributes to the high volume of traffic crashes experienced in Salinas. During the 2022 federal fiscal year there were 1462 crashes, up from 1,197 in 2021. Crashes reported in Salinas in FFY 2022 caused injuries to 645 people, compared to 660 persons in 2021. There were 10 fatal crashes claiming 10 lives with the majority being 7 pedestrian fatalities. The top three primary collision factors were right-of-way violations (218 crashes), unsafe speed (212 crashes), and improper turning (202 crashes).

The Salinas PD traffic unit has had a significant impact on enforcement and education related to traffic laws. Expanding the number of officers permanently assigned to the traffic unit continues to be a priority for Salinas Police Department, though we are at critical staffing levels and this has been a challenge. During this period of critical staffing, the utilization of overtime by patrol officers is necessary to support our ability to maintain traffic enforcement and education services. The department is encouraging patrol officers to concentrate more of their time on traffic enforcement, though we are adjusting our objective target numbers to reflect the expected activity during this time of critical staffing. The Department uses full-time and collateral traffic unit officers as well as patrol officers to conduct traffic enforcement operations using OTS grant funds. Salinas PD has been receiving a STEP grant since 2011. We have our own SFST instructor and have hosted SFST classes and intend to continue doing so. We have two DRE certified officers and are working to expand the number of officers with SFST, ARIDE, and DRE certifications.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number
8/30/2023 3:43:59 PM Page 4 of 16

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” 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 DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 1 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

7. Send law enforcement personnel to the DRE Recertification training. 1

8. Send law enforcement personnel to SFST Instructor training. 1

9. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 10. Conduct DUI Saturation Patrol operation(s). 12

11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
20 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
8 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 11 14.

15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
3 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. 8/30/2023 3:43:59 PM Page 5 of 16
 Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid 8/30/2023 3:43:59 PM Page 6 of 16
media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
8/30/2023 3:43:59 PM Page 7 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24167

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-24 20.600 State and Community Highway
Safety
$54,000.00
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$47,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $6,200.00 2 $12,400.00
DUI Saturation Patrols 164AL-24 $2,300.00 12 $27,600.00 Benefits for 164AL OT @ 11.65% 164AL-24 $40,000.00 1 $4,660.00 Traffic Enforcement 402PT-24 $1,150.00 20 $23,000.00
Distracted Driving 402PT-24 $1,150.00 8 $9,200.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,150.00 11 $12,650.00 Traffic Safety Education 402PT-24 $250.00 3 $750.00
Benefits for 402PT OT @ 11.65% 402PT-24 $45,600.00 1 $5,312.00 Category Sub-Total $95,572.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $3,088.00 1 $3,088.00
$0.00
Category Sub-Total $3,088.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $2,340.00 1 $2,340.00
Category Sub-Total $2,340.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $101,000.00
8/30/2023 3:43:59 PM Page 8 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24167

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 164AL OT @ 11.65% - Benefit breakdown:

OASDI = 6.2%
Med = 1.45%
WC = 4%
Total Benefits 11.65%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 402PT OT @ 11.65% - Benefit breakdown:

OASDI = 6.2%
Med = 1.45%
WC = 4%
Total Benefits 11.65%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit (November 7-8, 2023, in Orange County) and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 8/30/2023 3:43:59 PM Page 9 of 16
8/30/2023 3:43:59 PM Page 10 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24167
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
8/30/2023 3:43:59 PM Page 11 of 16
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 8/30/2023 3:43:59 PM Page 12 of 16
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 8/30/2023 3:43:59 PM Page 13 of 16

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.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/30/2023 3:43:59 PM Page 14 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/30/2023 3:43:59 PM Page 15 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
8/30/2023 3:43:59 PM Page 16 of 16

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 7/14/2023 5:25:15 PM Page 1 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS24029

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
Salinas From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Salinas Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $115,148.00

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Tonya Erickson
Police Services Administrator
[email protected]
(831) 758-7325
312 E. Alisal St.

Salinas, CA 93901
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Mark Roberts
Finance Director
[email protected]
(831) 758-7420
200 Lincoln Avenue
Salinas, CA 93901
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
7/14/2023 5:25:15 PM Page 2 of 15

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $115,148.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $115,148.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

CHDWBL29G9Z5
200 Lincoln Avenue
Salinas
93901-2639
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS24029

1. PROBLEM STATEMENT
Salinas has a serious traffic safety problem that disproportionally affects children. The most recent 2022 census data obtained from census.gov reflects 30.8% of Salinas residents are children (under the age of 18), and in 2021, 45.5% of all bicycle crashes and 20.7% of pedestrian crashes involved children. This traffic safety issue is widespread and apparent in every school district across the City.

Salinas has a high rate of vehicle crashes annually, with a large number involving pedestrians and bicyclists.

According to the 2020 OTS rankings (the most recently available), the City of Salinas was ranked 11th in the state amongst similar sized cities for the most pedestrian crashes for pedestrians over 65 years of age with eight victims killed/injured. Our city ranked 14th for overall pedestrian crashes with a total of 52 victims killed/injured. Salinas ranked 14th in the state of similar sized cities for bicyclists under the age of 15 injured/killed with four victims. Lastly, we ranked 33rd for the most pedestrian crashes for pedestrians under 15 years of age, with a total of three victims injured or killed.

The number of crashes has steadily increased. In 2020 there were 819 crashes with 341 being injury crashes and 6 fatalities. In 2021 there were 992 crashes with 421 being injury crashes and 4 fatalities.

During calendar year 2022, there have been a total of 1,334 crashes; 379 being injury crashes and 9 fatalities. According to OTS data, in 2018-2020 there were a total of 180 pedestrians who were killed and injured, 28 of the victims were under the age of 15. A total of 101 bicyclists were killed and injured with 14 victims being under the age of 15.

The data shows Salinas has a serious traffic safety problem that greatly affects children and youth.

Residents may not fully understand traffic laws as they pertain to bikes and pedestrians, and language and cultural differences exacerbate this problem. An undetermined number of migrant workers come into the City on a seasonal basis, which causes the population to rise significantly for several months during the primary agricultural growing season. With a population of 162,791 Salinas is largely a Spanish-speaking community, 80% of residents are Hispanic or Latino, 27% are White, 6% Asian, 1% African American, 1% American Indian and 8% are two or more races. Salinas is the largest city in the Monterey Bay region, the county seat and is the commercial and residential hub of the Salinas Valley. Salinas residents struggle to afford the high cost of housing, childcare, and transportation. From 2017-2021 the median household income was $75,747, and 14.3% of persons were in poverty. This has resulted in neighborhoods that are overcrowded and households that have limited or no access to a vehicle. According to the California State Ed Data site, on average 84.5% of students in all four Salinas School Districts qualify for Free and Reduced Meals, (a sign of low-income status). Many Salinas school children will be the first in their family to receive a high school education and have no choice other than to walk or bike to and from school. Salinas has great potential to increase safe walking and biking, and children and youth need education and support to do so safely.

Salinas has a year-round climate that is mild and ideal for active transportation. Most schools are situated in or near high density neighborhoods and within one to two miles of their students’ homes.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians injured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes. 7/14/2023 5:25:15 PM Page 4 of 15

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 3. Conduct pedestrian and/or bicycle safety presentations with an effort to reach youth.
57 4. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
1 5. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A presurvey will be required to determine the base year helmet use rate and a postsurvey will be required to determine the operational rate. Upload completed survey to GEMS.
2 6. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 100

7. Purchase bicycle helmets. 100

8. Conduct bicycle helmet inspections and make necessary adjustments at no cost for community members in need at schools and community events. 1 9. Conduct bicycle rodeos with an effort to reach youth. 27

10. Conduct pedestrian Walking Field Trips or on-foot safety training with an effort to reach youth.
30 11. Execute subcontracts referenced in the budget. Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide status and ETA. 1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
7/14/2023 5:25:15 PM Page 5 of 15
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
7/14/2023 5:25:15 PM Page 7 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS24029

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PS-24 20.600 State and Community Highway
Safety
$115,148.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Pedestrian Traffic Safety Classroom
Presentation
402PS-24 $685.00 30 $20,550.00
Walking Field Trip 402PS-24 $1,175.00 30 $35,250.00
Bicycle Traffic Safety Classroom
Presentation
402PS-24 $685.00 27 $18,495.00
Bike Smart Rodeo 402PS-24 $1,439.00 27 $38,853.00
Bicycle Helmets 402PS-24 $12.00 100 $1,200.00
Pedestrian/Bicycle Safety Items 402PS-24 $800.00 1 $800.00 Category Sub-Total $115,148.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $115,148.00
7/14/2023 5:25:15 PM Page 8 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS24029

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
Pedestrian Traffic Safety Classroom Presentation - Interactive classroom component of Pedestrian Traffic Safety Activity. If two or more classrooms receive a presentation via an assembly, the cost per assembly will be $1,370.

Walking Field Trip - In-person Walking field trip or on-foot pedestrian safety training.

Bicycle Traffic Safety Classroom Presentation - Interactive classroom Bicycle Traffic Safety Activity. If two or more classrooms receive a presentation via an assembly, the cost per assembly will be $1,370.

Bike Smart Rodeo - In-person on-bike bicycle safety training conducted as part of a Bike Rodeo..

Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.

Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS.

EQUIPMENT
-

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. 7/14/2023 5:25:15 PM Page 9 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS24029
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:

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
7/14/2023 5:25:15 PM Page 10 of 15
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

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. 7/14/2023 5:25:15 PM Page 11 of 15
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 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.

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

1. Abide by the terms of the statement;

1. Taking appropriate personnel action against such an employee, up to and including termination;

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 7/14/2023 5:25:15 PM Page 13 of 15
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 7/14/2023 5:25:15 PM Page 14 of 15
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
7/14/2023 5:25:15 PM Page 15 of 15

Page 1 of 12 ends

CONTRACT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF SALINAS AND ECOLOGY ACTION OF SANTA CRUZ
THIS CONTRACT, is made and entered into this October 1, 2023, by and between the City of Salinas, a California charter city and municipal corporation, hereinafter called “City,” and Ecology Action of Santa Cruz, a California corporation, hereinafter called "Consultant."

WITNESSETH

WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has the requisite skill, training, qualifications, and experience to render such services called for under this Contract to City.

Table of Contents

SECTION 1. SCOPE OF SERVICES. ............................................................................. 2 SECTION 2. TERM OF CONTRACT. ............................................................................. 2 SECTION 3. SCHEDULE OF PERFORMANCE. ............................................................ 2 SECTION 4. COMPENSATION. ..................................................................................... 2 SECTION 5. METHOD OF PAYMENT. ........................................................................... 2 SECTION 6. INDEPENDENT CONSULTANT. ............................................................... 2 SECTION 7. ASSIGNABILITY. ....................................................................................... 2 SECTION 8. INDEMNIFICATION.................................................................................... 2 SECTION 9. INSURANCE. ............................................................................................. 3 SECTION 10. NON-DISCRIMINATION. .......................................................................... 3 SECTION 11. TERMINATION. ........................................................................................ 5 SECTION 12. COMPLIANCE WITH LAWS. ................................................................... 5 SECTION 13. GOVERNING LAW. .................................................................................. 5 SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. ........................................... 5 SECTION 15. CONFIDENTIAL INFORMATION. ............................................................ 6 SECTION 16. OWNERSHIP OF MATERIALS. ............................................................... 6 SECTION 17. COVENANT AGAINST CONTINGENT FEES. ......................................... 6 SECTION 18. WAIVER. .................................................................................................. 6 SECTION 19. CONFLICT OF INTEREST. ...................................................................... 6 SECTION 20. AUDIT BOOKS AND RECORDS. ............................................................ 6 SECTION 21. NOTICES. ................................................................................................ 7 SECTION 22. EXHIBITS: ................................................................................................ 7

o-0-o

Page 2 of 12 ends

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

Consultant shall perform those services as specified in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which is attached hereto and incorporated herein.

SECTION 2. TERM OF CONTRACT.

The term of this Contract shall be from October 1, 2023 to September 30, 2024, inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE.

The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.”
SECTION 4. COMPENSATION.

The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein.

SECTION 5. METHOD OF PAYMENT.

Except as otherwise provided in Exhibit “C,” quarterly, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding quarter. Such statement shall also include a detailed record of the quarter’s actual reimbursable expenditures.

SECTION 6. INDEPENDENT CONSULTANT.

It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

SECTION 7. ASSIGNABILITY.

Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION.

Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.

Page 3 of 12 ends

Consultant shall defend, indemnify and hold harmless City, its officers and employees, against any loss or liability arising out of or resulting in any way from work performed under this Contract whether due to the willful or negligent acts (active or passive) or errors or omissions by Consultant or Consultant's officers, employees or agents or otherwise.

SECTION 9. INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the

Page 4 of 12 ends

Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Page 5 of 12 ends

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

SECTION 10. NON-DISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.

SECTION 11. TERMINATION.

A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.

B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.

C. The City Manager is empowered to terminate this Contract on behalf of City.

D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.

SECTION 12. COMPLIANCE WITH LAWS.

Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Salinas business license during the term of this Contract.

SECTION 13. GOVERNING LAW.

City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Monterey.

SECTION 14. PRIOR CONTRACTS AND AMENDMENTS.

This Contract represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.

Page 6 of 12 ends

SECTION 15. CONFIDENTIAL INFORMATION.

All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.

SECTION 16. OWNERSHIP OF MATERIALS.

All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.

SECTION 17. COVENANT AGAINST CONTINGENT FEES.

The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

SECTION 18. WAIVER.

Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.

SECTION 19. CONFLICT OF INTEREST.

A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.

B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.

SECTION 20. AUDIT BOOKS AND RECORDS.

Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

Page 7 of 12 ends

SECTION 21. NOTICES.

All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:

CITY

City of Salinas
200 Lincoln Ave.

Salinas, CA 93901
(831) 758-7381

CONSULTANT

Ecology Action of Santa Cruz
877 Cedar Street, Suite 240
Santa Cruz, CA 95060
(831) 426-5925

SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation

WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF SALINAS

BY ______________________________
Steven S. Carrigan, City Manager

ATTEST:

BY ______________________________
Patricia Barajas, City Clerk

APPROVED AS TO FORM:

BY ______________________________
Christopher A. Callihan, City Attorney

CONSULTANT

BY_________________________________
Charles Tremper, Vice President and
General Counsel

Page 8 of 12 ends

EXHIBIT “A”

SCOPE OF SERVICES

Consultant shall provide professional consulting services during the term of the agreement. Specific types of services to be provided include, but are not limited to the following:

The Walk Smart Program is a two-part pedestrian safety education training. Part 1 involves a presentation to teach critical safety best practices for young pedestrians. The preferred delivery model is to provide these presentations in-person at individual classrooms. Accommodations to provide online presentations are made at the school request. Part 2 involves a Walking Field Trip, in which children are required to walk through a series of exercises including stopping, looking both ways and crossing the street only when it is free of oncoming vehicles. The Walking Field Trip is typically conducted in the neighborhood around the school, although special accommodations can be made to host the training on the school blacktop, at the school’s request. The program utilizes bilingual and bicultural staff. Ecology Action staff will coordinate with the Salinas Police Department and provide targeted educational handouts. The training gives students the necessary knowledge and hand-on training and parents the confidence to allow the children to walk and bike to school. Target: Thirty (30) presentations and Thirty (30) Walking Field Trips.

The Bike Smart Program is also a two-part program, consisting of a 60-minute presentation followed (on a separate day) by a 2-hour rodeo. The preferred delivery model is to conduct the presentations in-person at individual classrooms, but accommodations can be made to serve classes in an assembly-style or online, at the request of the schools. Bike Smart presentations use a variety of mediums: live demonstrations, animations, videos and discussions, to teach safety behavior to students. Lessons cover the benefits of bicycling, rules of the road, importance and correct use of bicycle helmet, choosing safe routes, safely navigating intersection crossings, being visible and other safe bike-handling topics. The on-bike safety obstacle course is led by bi-lingual, bi-cultural League of American Bicyclists League Certified Instructors. During the safety rodeo, students get the change to practice the important safety skills they acquired during the presentation by riding a bicycle through ac carefully constructed court. The Certified Instructors bring a fleet of bicycles and helmets that can be used by students who are not able to bring their own bicycles, ensuring that everyone can participate. Target: Twenty-Seven (27) Presentation and Twenty-Seven (27) Rodeos

Page 9 of 12 ends

Bicycle Helmets Ecology Action will purchase 100 bicycle helmets to be distributed at schools, community events, and bike/ped safety presentations. Target: One Hundred (100) helmets distributed to community members (including students).

Bicycle Safety Equipment Ecology Action will purchase 40 pieces of bicycle safety equipment (including lights and reflectors) to be distributed at schools, community events, and bike/ped safety presentations. Target: Forty (40) pieces of safety equipment distributed to community members (including students).

Page 10 of 12 ends

EXHIBIT “B”

SCHEDULE OF PERFORMANCE

Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed during the term of this Contract.

Page 11 of 12 ends

EXHIBIT “C”

COMPENSATION

a. Total Compensation. The total obligation of City under this Contract shall not exceed $115,148.00

b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:

Item Name
Unit Cost or
Rate Units Cost
Walk Smart Classroom Presentation (in-person)1 $ 685.00 30 $20,550.00 Walk Smart Assembly Presentation (in-person)2 $ 1,370.00 0 $0.00 Walk Smart Walking Field Trip $ 1,175.00 30 $35,250.00

Bike Smart Classroom Presentation (in-person) $ 685.00 27 $18,495.00 Bike Smart Assembly Presentation (in-person)2 $ 1,370.00 0 $0.00 Bike Smart Rodeo $ 1,291.00 27 $38,853.00

Online Walk Smart or Bike Smart Classroom
Presentation $ 685.00 0 $0.00
Online Walk Smart or Bike Smart Assembly
Presentation3 $ 1,370.00 0 $0.00

Bicycle Helmets $12.00 100 $1,200.00
Bicycle Safety Equipment $20.00 40 $800.00

Total: $115,148.00

NOTES:

Items in BOLD are the preferred delivery models, but other options will be provided only at the request of the schools.
1 For the second-grade audience, assemblies are not recommended. We will only provide classroom-level presentations as part of the Walk Smart. program 2 An assembly presentation is 2+ classes combined for one presentation. Despite shorter time presenting in front of students, assemblies do require the same level of care in scheduling, evaluation, printing, and preparation.
3 For online assembly presentation, we use two staff to keep students engaged. As with the inperson assembly, all classes receive the same level of engagement around scheduling and evaluation.

Page 12 of 12 ends

c. Payment Request. Consultant shall submit a request for payment for services on a quarterly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding quarter period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-587, Version: 1
Agreement for Services with Blancas Construction, Inc
Approve a Resolution authorizing the City Manager to enter into an agreement for services with Blancas Construction, Inc. for on-call, as needed board up services.

City of Salinas Page 1 of 1 Printed on 9/21/2023
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: SEPTEMBER 26, 2023
DEPARTMENT: CITY ATTORNEY’S OFFICE
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: AGREEMENT FOR BOARD UP SERVICES
RECOMMENDED MOTION:

It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement for services with Blancas Construction, Inc. to continue providing boardup services to the City on an on-call, as needed basis.

BACKGROUND:

From time-to-time the City, usually Public Works or the Police Department, need to dispatch a contractor ono a quick turnaround basis to board-up either a City or privately-owned property.

Board-up necessity can result from an inclement weather event or, more commonly, criminal activity such as burglary, trespass, or act of vandalism. When the City requests board-up services, the contractor (Blancas) directly bills the property owner, being either the City or a private property owner, depending on ownership and responsibility. Boarding-up property is a temporary measure that mitigates additional damage to or misuse of the property.

Blancas has been providing this service to the City since 2016 and City staff desire to continue working with Blancas as they provide efficient and effective service to the City.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Approval of the proposed resolution is consistent with the City Council’s goal of providing an effective and culturally responsive government.

DEPARTMENTAL COORDINATION:

The Public Works Department, Police Department, and City Attorney’s Office regularly coordinate on board-up activities.

Page | 2
FISCAL AND SUSTAINABILITY IMPACT:

The City will realize costs associated with boarding-up of City facilities from time-to-time when the need arises. It is anticipated that these costs will be insignificant in contrast to costs when property is not boarded-up/secured from the elements, such as water intrusion or wind, in addition to human interface with the property.

ATTACHMENTS:

Resolution
Page | 3
RESOLUTION NO. _______ (N.C.S.)

A RESOLUTION APPROVING A CONTRACT FOR SERVICES WITH BLANCAS CONSTRUCTION, INC. FOR BOARD-UP SERVICES
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF SALINAS that the City Manager be authorized (1) to enter into an agreement for services with Blancas Construction, Inc. for the provision of on-call, as needed board-up services and (2) to enter into amendments to and extensions to such agreement for services, as necessary.

PASSED AND APPROVED this 26th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-601, Version: 1
A Resolution Denouncing Florida Governor Ron DeSantis’s visiting Salinas, California.

Consider approving a Resolution denouncing and condemning Florida Governor Ron DeSantis’s actions and condemning his visiting Salinas, California.

City of Salinas Page 1 of 1 Printed on 9/22/2023
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: SEPTEMBER 26, 2023
DEPARTMENT: CITY COUNCIL
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: A RESOLUTION DENOUNCING FLORIDA GOVERNOR RON
DESANTIS’S VISIT TO SALINAS, CALIFORNIA
RECOMMENDED MOTION:

Consider approving a Resolution condemning and denouncing Florida Governor Ron DeSantis’s actions and denouncing his planned visit to Salinas, California.

EXECUTIVE SUMMARY:

This Resolution was requested by Council members Rocha and Sandoval in response to a planned visit to Salinas by Ron DeSantis on September 28, 2023.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This Resolution is consistent with the City Council’s goal of an Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

The City Attorney’s Office prepared this Report and Resolution at the request of Council members Rocha and Sandoval.

FISCAL AND SUSTAINABILITY IMPACT:

The Resolution does not have an impact on the City’s General Fund.

ATTACHMENTS:

Resolution
Assembly Concurrent Resolution 113
Page | 2
RESOLUTION NO. ______ (N.C.S.)

A RESOLUTION CONDEMNING AND DENOUNCING FLORIDA GOVERNOR RON DESANTIS’S ACTIONS AND DENOUNCING HIS VISIT TO SALINAS, CALIFORNIA WHEREAS, the City of Salinas City Council has made clear that Salinas is home to and welcoming of people of every sex, race, color, religion, ancestry, national origin, mental or physical disability, sexual orientation, and gender identity; and WHEREAS, while Florida Governor Ron DeSantis was elected to be Governor of Florida and to represent the needs of all Floridians, regardless of race, ethnicity, gender identity or political affiliation, Governor DeSantis has used his position of power, and his campaign for President of the United States, to target marginalized communities and forcefully impose his personal ideology on to Florida’s citizens; and
WHEREAS, according to his campaign for President of the United States, “Team DeSantis,” Governor Ron DeSantis is scheduled to participate in a campaign fundraiser event (a “Roundtable Brunch”) on September 28, 2023, in Salinas, California; and WHEREAS, on August 15, 2023, California Assembly Member Low (District 26) introduced Assembly Concurrent Resolution No. 113 calling for a federal investigation and accountability for Governor DeSantis and the State of Florida’s “Unauthorized Alien Transport Program,” pursuant to which on June 2, 2023, and June 5, 2023, two planes carrying 36 migrant individuals arrived in the city of Sacramento without warning. Governor DeSantis’s office confirmed that they were responsible for sending the planes of migrants to California; and WHEREAS, through the Unauthorized Alien Transport Program, 48 migrants were flown from Texas to Martha’s Vineyard, which activity is outside the intended scope of the Program (www.cnn.com/2022/10/08/us/florida-migrants-marthas-vineyard-state-documentscontractors/index.html); and WHEREAS, Florida Senate Bill 1718 authorized an additional $12 million to the Program, prioritizing removing migrants instead of providing resources for undocumented migrants (flsenate.gov/Session/Bill/2023/1718); and
WHEREAS, Governor DeSantis signed into law the “Parental Rights in Education Bill,” known as the “Don’t Say Gay” bill, which bans classroom instruction regarding gender or sexual orientation that are not “age appropriate or developmentally appropriate” (flsenate.gov/Committees/billsummaries/2022/html/2825); and WHEREAS, under Governor DeSantis’s discretion, the Parental Rights in Education Bill was expanded to include all of K-12 in its ban on classroom discussions of sexual orientation and gender, despite there being an estimated 114,000 LGBTQ+ minors that would benefit from learning about concepts that normalize their existence (time.com/6273364/florida-dont-say-gayexpansion); and Page | 3
WHEREAS, Governor DeSantis signed into law House Bill 1069, which restricts sex education to grades 6-12 and censors what must be taught. The sex education curriculum in Florida can no longer discuss transgender or nonbinary people, will prioritize abstinence-only education, gives no exceptions to teacher for unforeseen situations, such as answering students’ questions regarding their menstrual cycles, and emphasizes monogamous heterosexual marriage (www.flsenate/gov/Session/Bill/2023/1069); and
WHEREAS, Governor DeSantis’s education policies have extended to the history of racism, as it is now illegal for public schools to teach the truth about American slavery, segregation, and systemic racism; and
WHEREAS, Governor DeSantis has forced public schools to teach a new history curriculum that downplays the atrocities of slavery and the impacts it continues to have on African Americans, going so far as forcing schools to teach students that “ ‘slaves developed skills’ that could be used for ‘personal benefit’.” (https://www.cbsnews.com/news/floridas-new-education-standards-saysslavery-had-personal-benefits/); and WHEREAS, Governor DeSantis signed into law House Bill 7, the “Individual Freedom”’ bill otherwise known as the “Stop WOKE Act,” which requires the revision of African American history in Florida public schools and prohibits any education that teaches people can be privileged or unconsciously bigoted because of race and gender
(https://www.flsenate.gov/Session/Bill/2022/7); and
WHEREAS, Governor DeSantis signed into law Senate Bill 266 which bans general education courses in publicly funded universities from teaching about systemic racism, sexism, or oppression, makes it easier for faculty to be fired, and bans the funding of Diversity, Equity, and Inclusion (DEI) programs (flsenate.gov/Session/Bill/2023/266); and WHEREAS, the education censorship laws signed into law by Governor DeSantis has caused a spike in book banning. From June to December of 2022, Florida had 13 school districts ban books, the most of any state. In total, 357 books were banned in Florida during that time period (pen.org/report/banned-in-the-usa-state-laws-supercharge-book-suppression-in-schools/); and WHEREAS, Governor DeSantis has explicitly targeted transgender students by requesting Florida universities to report how many of their students sought and received gender-affirming care.

Sixteen attorney generals from across the country condemned the request and declared the request “may be intended to intimidate, and will actually intimidate, university administrators and health care providers and chill vulnerable students…from accessing necessary medical care (https://ag.ny.gov/sites/default/files/letters/desantis_letter_re_genderaffirming_care_at_fl_universities_03.03.23.pdf): and WHEREAS, Governor DeSantis has criminalized members from the LGBTQIA+ community expressing themselves and their identity. He signed into law House Bill 1521, the “Facility Requirements Based on Sex” law, which makes it illegal for transgender people to use bathrooms that match their gender identity (flsenate.gov/Session/Bill/2023/1521); and Page | 4
WHEREAS, Governor DeSantis signed into law Senate Bill 254, the “Treatments for Sex Reassignment” law, which bans minors from receiving gender-affirming care and imposes numerous restrictions on gender-affirming care for adults (flsenate.gov/Session/Bill/2023/254); and
WHEREAS, Governor DeSantis signed into law Senate Bill 264 that “limits land purchases by residents of countries of concern” including China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria (https://flsenate.gov/Session/Bill/2023/264); and WHEREAS, on May 20, 2023, the National Association for the Advancement of Colored People issued a travel advisory, warning people of color to both leave and to not visit the state of Florida “in direct response to Governor Ron DeSantis’ aggressive attempts to erase Black history and to restrict diversity, equity, and inclusion programs in Florida schools (https://naacp.org/articles/naacp-issues-travel-advisoryflorida#:~:text=The%20travel%20advisory%20comes%20in,of%20color%20and%20LGBTQ% 2B%20individuals); and
WHEREAS,, Equality Florida (LGBT advocacy), Human Rights Campaign, and League of United Latin American Citizens (LULAC) released a statement saying “Since he took office, Governor DeSantis has weaponized his position to weave bigotry, hate, and discrimination into public law for his own political gain (https://www.hrc.org/press-releases/nations-largest-lgbtq-advocacygroup-joins-equality-florida-in-issuing-updated-florida-travel-advisory): and WHEREAS, Governor DeSantis signed Senate Bill 1718, which classifies traveling into Florida with an undocumented immigrant as “human smuggling” which is punishable in Florida as a third degree felony, regardless of any familial or spousal relations with that person (flsenate.gov/Session/Bill/2023/1718); and
WHEREAS, Senate Bill 1718 also makes it more difficult for undocumented immigrants to gain employment. The law forces employers to verify employee eligibility for all new employees and fines any noncompliant business $1,000 per day, and charges undocumented immigrants using false identification with a third-degree felony (flsenate.gov/Session/Bill/2023/1718).

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF SALINAS that the City Council strongly denounces and condemns the actions of Governor Ron DeSantis, including:

1. His treatment of undocumented immigrants by criminalizing their existence and using state resources to remove them to places throughout the country;

2. His targeting of the LGBTQIA+ community by imposing bans on their expression, erasing their existence from public school education, and making it nearly impossible for transgender people to exist; and

3. His use his power and influence as Governor of Florida to dehumanize racial minority groups through the use of hateful rhetoric and policies that target specific racial groups, and revisionist history in schools that ignore the legacy of racial oppression; and Page | 5
BE IT FURTHER RESOLVED that the City Council of Salinas condemns Governor DeSantis’s visiting the city of Salinas, California.

PASSED AND APPROVED this 26th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
______________________________
Patricia M. Barajas, City Clerk
california legislature—2023–24 regular session
Assembly Concurrent Resolution No. 113
Introduced by Assembly Member Low
August 15, 2023
Assembly Concurrent Resolution No. 113—Relative to the
investigation of Florida Governor Ron DeSantis.
legislative counsel’s digest
ACR 113, as introduced, Low. State government.

This measure would urge that Florida Governor Ron DeSantis be held accountable and investigated for the criminal nature of specified actions, and that the United States Department of Justice investigate the governor for Florida’s Unauthorized Alien Transport Program.

Fiscal committee: no.
line 1 WHEREAS, On June 2, 2023, and June 5, 2023, two planes line 2 carrying 36 migrants arrived in the City of Sacramento without line 3 warning; and
line 4 WHEREAS, Florida Governor Ron DeSantis’ office confirmed line 5 that they were responsible for sending the planes of migrants to line 6 California; and
line 7 WHEREAS, The arriving migrants have shared that the woman line 8 who initially approached them falsely promised that if they came line 9 on the flight to California they would be helped to find jobs; and line 10 WHEREAS, These migrants, who did not know where they line 11 were when they arrived in the City of Sacramento, were “lied to line 12 and deceived”; and

99 line 1 WHEREAS, Governor DeSantis has chosen to exploit a line 2 vulnerable population and the high volume of people immigrating line 3 for his own political gain using false promises and deception; and line 4 WHEREAS, Though the Sacramento community has come line 5 together to support the 36 people who arrived unexpectedly, we line 6 need to make it abundantly clear that people cannot be used as line 7 pawns in political games; and
line 8 WHEREAS, The Bexar County Sheriff’s Office in Texas has line 9 investigated criminal charges related to Governor DeSantis’ line 10 previous similar stunt of sending two planes of migrants from line 11 Texas to Martha’s Vineyard; and
line 12 WHEREAS, A similar federal investigation is necessary to line 13 condemn Governor DeSantis’ actions; and
line 14 WHEREAS, The United States Department of Justice has line 15 jurisdiction to investigate these crimes, which touch at least five line 16 states; now, therefore, be it
line 17 Resolved by the Assembly of the State of California, the Senate line 18 thereof concurring, That Florida Governor Ron DeSantis be held line 19 accountable and be investigated for the criminal nature of his line 20 actions; and be it further
line 21 Resolved, That the Legislature urges the United States line 22 Department of Justice to investigate Florida Governor Ron line 23 DeSantis for Florida’s Unauthorized Alien Transport Program; line 24 and be it further
line 25 Resolved, That the Chief Clerk of the Assembly transmit copies line 26 of this resolution to the author for appropriate distribution.

O
99 ACR 113 — 2 —
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-574, Version: 1
a. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340.
c. Performance Evaluation and Labor - California Government Code Section 54957 and 54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Attorney). d. Performance Evaluation and Labor - California Government Code Section 54957 and 54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Manager). e. Public Employee Appointment - California Government Code Section 54957(b)(1), City Manager.

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Salinas City CouncilSeptember 26, 2023

Salinas City Council
September 26, 2023