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HomeMy WebLinkAboutContracts & Agreements_237-2013_CCv0001.pdf ONTARIO POLICE DEPARTMENT ALCOHOL MULTI-AGENCY ENFORCEMENT PROGRAM MEMORANDUM OF UNDERSTANDING This ONTARIO POLICE DEPARTMENT ALCOHOL MULTI-AGENCY ENFORCEMENT PROGRAM IN SAN BERNARDINO COUNTY MEMORANDUM OF UNDERSTANDING ("Agreement") is made and entered into this 3rd day of December, 2013, by and between, the City of Ontario, through its Police Department ("City") and the City of Redlands, through its Police Department("Participating Agency"). RECITALS A. Ontario Police Department has secured a grant ("Grant") from the California Office of Traffic Safety ("OTS") to conduct an Alcohol Beverage Control (ABC) Multi-Agency/City Task Force, between October 1, 2013 and September 30, 2014 ("Program"). B. The Grant allows Ontario to reimburse designated police agencies that participate in the ABC Multi-Agency Task Force for authorized ABC operations on an overtime basis (150% of their hourly rate). Participating Agencies retained for the purpose of performing professional services for the Alcohol Multi-Agency Enforcement Program may include, but not limited to the following: City of Barstow, City of Chino, City of Colton, City of Fontana, City of Montclair, City of Palm Springs, City of Pomona, City of Redlands, City of Rialto, City of Riverside, City of San Bernardino, City of Upland, the California University of San Bernardino Police, and the San Bernardino and Riverside County Sheriffs Departments. C. The parties wish to enter into this Agreement to take advantage of the Grant, subject to the rights and limits of the Grant, as administered through the City of Ontario. NOW, THEREFORE, City and Participating Agency, for the consideration hereinafter described, mutually agree as follows: 1. SCOPE OF SERVICES. During the term of December 3, 2013 through September 30, 2014, Participating Agency shall provide ABC Multi-Agency Task Force staff on an overtime basis as staffing levels allow for the ABC operations in the Inland Empire to include neighboring City of Pomona. Participating Agency commits to participate in the program as staffing levels allow and to encourage officers to emphasize ABC Multi-Agency Task Force Enforcement Program during all phases of the grant term. The City of Ontario agrees to adhere to the OTS grant programmatic, financial and statistical reporting and understands that adhering to the requirements is necessary to be reimbursed for ABC Multi-Agency Task Force activities conducted during the time periods of December 3, 2013 through September 30, 2014. The parties understand that Participating Agency's employees will provide the services herein on an overtime basis. The services provided by Participating Agency under this Agreement Memorandum of Understanding Page 2 Ontario Police Department ABC Multi-Agency Task Force — Grant#AL1 436 shall comply with and be subject to all terms and limitations in the Grant and OTS. Participating Agency acknowledges and agrees that it has read the Grant and will abide by its terms in providing the services hereunder. 2. PERIOD OF PERFORMANCE. This Agreement is to commence on December 3, 2013, and shall conclude on September 30, 2014, unless terminated by either party with or without cause by giving at least thirty (30) days written notice to the respective party and specifying the effective date thereof. 3. STATISTICAL REPORTING. Participating Agency shall collect and report to City, the number of enforcement activities paid with funds from this Agreement. For ABC operation activities, the following information must be collected and reported: number of minor decoy operations, including on/off sale visits, on/off sale sold, number of shoulder tap operations, including people contacted, premises visited, people cited, people booked and total arrests. 4. ALLOWABLE COSTS AND PAYMENTS. A. Allowable Costs. Participating Agency shall bill for services rendered during ABC Multi-Agency Task Force operations at its Police Department's actual overtime rate for on an overtime basis (150% of their hourly rate). B. Invoice Requirements. Invoices shall include dates and hours worked, officers name, officers overtime salary rate (not to include fringe benefits), number of hours worked, and total dollars requested for overtime reimbursement. In addition, copies of overtime slips and/or ledger report(s) supporting actual hours and costs are required. City and/or Participating Agency's overhead costs will not be reimbursed. Invoices shall also include the statistics required by OTS as outlined in Item 3, Statistical Reporting. Invoices will not be paid if the statistics required by OTS are not submitted. C. Rate of Payment. Participating Agency will receive reimbursement for officer overtime through the ABC Multi-Agency Task Force as set forth in this ABC Multi-Agency Task Force Memorandum of Understanding. The amount reimbursed will not exceed the total sum allocated in the approved grant budget, Category C- Contractual Services, in the amount of$95,000 or as modified and approved by OTS for all Participating Agencies. The amount the Participating Agency will receive will be based on actual staff hours worked for the ABC Multi-Agency Task Force Enforcement Program and as invoiced in accordance with Paragraph B, Invoice Requirements as stated above. Funding is solely for reimbursement of officer overtime incurred during ABC operations conducted during the ABC Multi-Agency Task Force Enforcement Program. Memorandum of Understanding Page 3 Ontario Police Department ABC Multi-Agency Task Force—Grant#AL1436 D. Time Limit for Submitting Invoices. Participating Agency shall submit an invoice for services to the City of Ontario. The City shall not be obligated to pay Participating Agency for the services covered by any invoice if Participating Agency presents the invoice to the City more than fifteen (15) days after the date the Participating Agency render the service, or more than fifteen (15) days after this MOU terminates, whichever is earlier. 5. RECORDS A. Access.. Participating Agency agrees to provide to City, to any Federal or State Department having monitoring or reviewing authority, to authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit all records and documents necessary to determine compliance with relevant Federal, State and Local statutes, rules and regulations and the Memorandum of Understanding, and to evaluate the quality, appropriateness and timeliness of services performed, for a period of at least three (3) years from the termination date of this Memorandum of Understanding, or until audit findings are resolved, whichever is greater. B. Retention. City shall maintain and preserve in its possession all records relating to this Memorandum of Understanding for a period of at least three (3) years from the termination date of this Memorandum of Understanding, or until audit findings are resolved, whichever is greater. 6. INDEMNIFICATION. Except as to the sole negligence or willful misconduct of the City, Participating Agency agrees to indemnify, protect and hold harmless the City from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, work, activities, operations or duties of the Participating Agency, or anyone employed by or working under the Participating Agency or for services rendered to Participating Agency in the performance of this Agreement, notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Participating Agency or anyone employed or working under the Participating Agency. 7. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. 8. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and the Participating Agency. Any prior agreements, promises, Memorandum of Understanding Page 4 Ontario Police Department ABC Multi-Agency Task Force — Grant#AL1 436 negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. 9. NOTICES. Formal notices, communications and demands for payment shall be made in writing and mailed, faxed, or emailed to City at the following numbers: Robert Sturgis, Police Officer Donna Bailey, Management Analyst Grant Coordinator Fiscal Coordinator 2500 S. Archibald Avenue AND 2500 S. Archibald Avenue Ontario, CA 91761 Ontario, CA 91761 (909) 395-2001 x4773 (909) 395-2979 (909) 395-2718 (fax) (909) 395-2797 (fax) Rsturgis(a-)ontariopolice.org Dbailey(W-ontariopolice.ong If you agree with the terms of this Memorandum of Understanding, please indicate by signing and dating where indicated below. (Signatures on following page.) Memorandum of Understanding Page 5 Ontario Police Department ABC Multi-Agency Task Force – Grant#AL1436 CITY OF ONTARIO PARTICIPATING AGENCY City of Redlands Approved by: Reviewed and Accepted by Participating Agency: =y Chris Hughes Pete Aguilar, Mayor City Manager Attest: Attest: City Clerk Sam Irwin, City Clerk- r - Signature Name Title Date STATE OF CALIFORNIA EDMUND G.BROWN JR., GOVERNOR OFFICE OF TRAFFIC SAFETY 2208 KAUSEN DRNE,SURE 3Q0 ELK GROVE,GA 95758 A$9 www.ots.ca.gov (918)509-3030 735-2929(T 7DD-Retertai) ! ,A,,,C wLlOrrlit (918)509-3055(FAX) o r r R w r r l! s w rI r• October 1, 2013 Grant No. AL1436 Eric V. Hopley Chief of Police Ontario Police Department 2500 South Archibald Avenue Ontario, CA 91761 Dear Chief Hopley: The Office of Traffic Safety(OTS)has approved your traffic safety grant as part of the California Traffic Safety Program. Costs incurred must be in accordance with your grant agreement,and recorded in your accounting system. No other costs can be allowed without OTS approval. Costs incurred prior to the starting date or subsequent to the closing date of this grant are not reimbursable. Within the first quarter of your grant period,your Coordinator will provide you with information about operational and fiscal requirements,as well as tools to manage your new grant. Please refer to the above grant number in all your communications with this office. If you have any questions, please contact Janise Truelock,Regional Coordinator,at(916) 509-3019 or 1 e-mail at}anise.truelock@ots.ca.gov. Sincerely, R SSIA CHAVIS Acting Director JT:lc Enclosures cc: Fiscal ONTARIO POLICE DEPARTMENT RECEIVED OCT 212013 OFFICE OF THE CHIEF OF POLICE Page 2(Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 1Q/1/2013 GRANTEE ONTARIO POLICE DEPARTMENT GRANT NO. AL1436 8. Fin Action No. I Date: 10/4/2013 10. TYPE OF AGREEMENT 1 Initial X I Revision I Cont~ PAID MEDIA PROGRAM INCOME TASK NO. F.F.Y. Revision No. Date: . 1 3 1 2014 9. Action Taken 11. FUNDING DISPOSITION&STATUS Fiscal Year Amount Initial approval of 2014 HSP funds obligated. 2013-14 117,500.00 Total 117,500.00 Obligated This Action 117,500.00 FUNDING DETAIL Previously Obligated 0.00 FUND CFDA ITEMIAPPROPRIATKM FY AMOUNT Total Amount Obligated 117,500.00 164AL 1 20.608 2700-08gO-101(21/12) 2012-13 $ 117,5oo.00 Amount Suspended 0.00 7 TOTAL FUNDS PROGRAMMED 117,500.00 12. BUDGET SUMMARY(From Schedule 0 Detail)-FISCAL YEAR GRANT PERIOD ENDING: 9130/2014 2013-14 2013-14 TOTAL GRANT COST CATEGORY GRANT PERIOD PRIOR GRANT TOTAL GRANT BUDGET ESTIMATE A. Personnel Costs 20,025.00 0.00 20,025.00 20,025.00 B. Travel Expenses 0.00 0.00 0.00 0.00 C. Contractual Services 95,000.00 0.00 95,000.00 95,000.00 D. Equipment 0.00 0.00 0.00 0.00 E. Other Direct Costs 2,475.00 0.00 2,475.00 2,476.00 F. Indirect Costs 0.00 0.00 0.00 0.00 TOTAL FEDERAL FUNDS 117,500.00 , 0.00 , 117,500.00 117,500.00 13. GRANT APPROVAL&AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT&FUNDING AUTHORIZED BY NAME: JANISE TRUELOCK NAME: DAVID DOUCETTE TITLE: Regional Coordinator TITLE: Assistant Director,Operations PHONE: (916)509-3019 E-MAIL: janise.truelock@ots.ca.gov OfficeZl,T 'iriv-f-ty Office of Traffic Safety 22018urn ve, Suite 300 2208 Kausen Drive,Suite 300 Elk Grove,C Grove,C Signature Signature V OTS-38a*(Rev.2/13) State of California-Office of Traffic Safety GRANT AGREEMENT-page I GRANT NUMBER OTS-38(Rev,6/13) 't'j AL1436 1. GRANT TITLE Alcohol Multi-Agency Task Force Operation 2. NAME OF APPLICANT AGENCY Ontario Police RMartment 4. GRANT PERIOD 3. AGENCY UNIT To HANDLE GRANT From: 10/1/13 Ontario Police Department To: 9/30114 5. GRANT DEscRirnm The goal of the ABC Multi-Agency/City Task Force is to network law enforcement agencies regionally with each other and conduct multiple joint operations.Those operations bring a decrease of alcohol related issues such as DUI's,alcohol related fatalities,underage drinking and increases the quality of life in cities regionally. Joint operations that will be conducted include alcohol licensee inspections,operations focused on over intoxication holiday drinking and minor decoy operations. 6. FEDERAL FuNDs ALLOCATED UNDER THLs AGREEMENT SHALL NOT EXCEED: $ 117,500.00 7. TERMS AND CONDfrIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A(OTS-38b)-Problem Statement,Goals and * Schedule C(OTS-38g)-Quarterly Evaluation Data Form Objectives and Method of Procedure (if applicable) • Schedule B(OTS-38d)-Detailed Budget Estimate and a Exhibit A-Certifications and Assurances Sub-Budget Estimate(if applicable) 0 Exhibit B*-OTS Grant Program Manual • Schedule B-I (OTS-38f)-Budget Narrative and Sub- Budget Narrative(if applicable) *Items shown with an asterisk(*),are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.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 of APPLICANT AGENCY NAME: Eric V.Hopley PHONE: (909)395-2712 NAME: Chris Hughes NONE: (909)395-2555 nTLE: Chief of Police FAx: (909)395-2709 TrrLE: City Manager FAX: (909)395-2189 ADDRESS: 2500 S.Archibald Avenue ADDRESS: 303 East"B"Street Ontario,CA 91761 Ontario,CA 91764 le-) t E-MAIL: Ehopley@ontariopolice.org E-MAIL: �Cj4khe ?7@tario.ca-us dt 11,01 (Signature) (Date) (Signature) (Da!!c C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AuTuoRizEDToRECEIVE PAYMENTS NAme. Grant Yee P14ONE:(909)395-2855 NAME: Fiscal Services TmLE, Finance Director FAX: 395-2360 ADDRESS: 415 East"B"Street ADDRESS: 415 East"B" Street Ontario,CA 91764 Ontario,CA 91764 9. DUNS NumBER Gyee@ci.ontario.ca.us DuNs#: 07-813-6223 Rwimimw 303 East"B"Street A' q ADDRESS& Ontario,CA 91764 U(Signamm) (Date) ZIP- GRANTS MADE EASY-STEP(Overtime Only) SCHEDULE A-GRANT DESCRIPTION Grant No.AL1436 Page 1 PROBLEM STATEMENT In 2011, California's traffic fatalities increased 2.6 percent(2,720 vs. 2,791)-still one of the lowest levels since the federal government began recording traffic fatalities in 1975.California 2011 Mileage Death Rate (MDR)-fatalities per 100 million miles traveled - is 0.87, and marks the third time California has been below 1.0.California is much better than the national 1.11 MDR. Fatality rates increased 3%from 2010 to 2011, and are projected to increase an additional 3%in 2012. Alcohol-impaired driving fatalities(fatalities in crashes involving a driver or motorcycle rider(operator)with a blood alcohol concentration(BAC)of 0.08 grams per deciliter(g/dQ or greater)matches our historic low of 774 in 2010 and 2011.The 774 figure is the lowest DUI death total ever. As a percent of total fatalities,alcohol- impaired fatalities decreased from 29 percent in 2010 to 28 percent in 2011. This number has remained virtually unchanged in the past five years and DUI arrests have dropped in 2011 to 180,212 as compared to 195,897 in 2010.The 2011 DUI arrest figure represents the lowest DUI arrests since 2002. It has been found within Ontario PD jurisdiction,that a number of DUI's suspects arrested at DUI/DL checkpoints and during saturation patrols had purchased alcohol beverages at local alcohol establishments. This was determined by the statements made by the suspects during the arrest investigation. Collision Type 2008 2009 2010 Collisions Victims Collisions Victims Collisions Victims Fatal 15 16 10 11 7 7 Injury 675 772 529 698 558 748 Fatal Iniury Killed Iniured Fatal I Wry I Killed Injured Fatal injury Killed Injured Alcohol Involved 2 7 2 7 4 6 4 6 L4 49 1 21 Hit&Run 0 13 0 13 0 16 0 18 0 7 1 0 7 1 Nighttime 2 34 2 34 3 5 3 f8 I . 780 1 87 (2100-0259 hours) OFFICE OF TRAFFIC SAFETY-2010 RANKINGS The OTS Rankings provide individual cities a way to compare their city's traffic safety statistics to those of other cities with similar-sized populations. Cities can use these comparisons to see what traffic safety areas they may have problems in and which they were doing well in. Identifying emerging or on-going traffic safety problem areas help cities plan how to combat the problems.It should be noted that OTS rankings are only indicators of potential problems;there are many factors that may either understate or overstate a city/county ranking that must be evaluated based on local circumstances. The OTS Rankings are determined by the following:(1)Victim and collision data for the rankings is taken from the latest available California Highway Patrol(CHP)Statewide Integrated Traffic Records System(SWIM)data;(2)Victim and collision rankings are based on rates of victims killed and injured or fatal and injury collisions per"1,000 daily-vehicle- miles-of-travel"(Caltrans data)and per"1,000 average population"(Department of Finance data)figures.This more accurately ensures proper weighting and comparisons when populations and daily vehicle miles traveled vary;(3)DUI arrest totals and rankings are calculated for,cities only and are based on rates of non-CHP DUI arrests(Department of Justice data). This is so that local jurisdictions can see how their own efforts are working;and(4)Counties are assigned statewide rankings,while cities are assigned population group rankings. OTS-38b(Rev.6/13) GRANTS MADE EASY—STEP(Overtime Only) SCHEDULE A-GRANT DESCRIPTION Grant No.AIL1436 Page 2 NOTE: City rankings are for incorporated cities only. County Rankings include all roads—state,county and local—and all jurisdictions—CHP,Sheriff,Police and special.OTS Rankings are calculated so that the higher the number of victims or collisions per 1000 residents in a population group,the higher the ranking. Number I in the rankings is the highest,or "worst." So,for Group B,a ranking of 1/53 is the highest or worst,27/53 is average,and 53/53 is the lowest or best. The same methodology also applies for DUI arrest rankings. OFFICE OF TRAFFIC SAFETY- 2010 RANKINGS AGENCY NCIC COUNTY GROUP POPULATION(AVG) DVMT Ontario 3607 SAN BERNARDINO COUNTY B 164,593 i.994.416 vicTims RANKING BY RANKING BY KILLED AND DAILY VEHICLE AVERAGE TYPE Of COLLISION INJURED MILES TRAVELED POPULATION Total Fatal and Injury 872 21153 18/53 Alcohol Involved 69 30153 24/53 HBD Driver<21 7 27/63 22/53 HBD Driver 21-34 18 33/53 26/53 Motorcyclists 7 46153 46153 Pedestrians 43 35/53 32/53 Pedestrians<15 14 20/53 12/53 Pedestrians+65 2 37/53 35/53 Bicyclists 40 36/53 31153 Bicyclists<15 9 27153 22/53 Composite 23153 17153 COLLISIONS Speed Related 147 25/53 21/53 Nighttime 86 13153 6153 Hit and Run 67 1853 13/53 DUI ARRESTS 611 0.62 % 39153 PERFORMANCE MEASURES GRANT GOALS 1. To reduce the number of persons killed in traffic collisions. 2. To reduce the number of persons injured in traffic collisions. 3. To reduce the number of persons killed in alcohol-involved Collisions. 4. To reduce the number of persons injured in alcohol-involved collisions. OTS-38b(Rev.6113) GRANTS MADE EASY—STEP(Overtime Only) SCHEDULE A-GRANT DESCRIPTION Grant No.AL1436 Page 3 GRANT OBJECTIVES 1. To issue a press release announcing the kick-off of the grant by November 15 of the first grant year. The press releases and media advisories,alerts,and materials should be emailed to the OTS Public Information Officer at Ri:oCoDots.ca.&qv, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. To include, when appropriate, that an at-fault driver was suspected of or was in fact drug impaired(if possible note the drug involved,e.g.,marijuana,prescription drugs, etc.) when reporting to the media the details from a crash or crash investigation. 3. To send all grant-related activity press releases,media advisories,alerts and general public materials to the OTS Public Information Officer(PIO)at pio(aots.ca.gov with a copy to your OTS Coordinator. If an OTS template-based press release is used,the OTS PIO and OTS Coordinator should be copied when the release is distributed to the press. If an OTS template is not used,or is substantially changed,a draft press release should first be sent to the OTS PIO for approval. Drafts should be sent 10-20 days prior to the operation for approval to ensure adequate turn-around time. Media communications reporting the results of grant activities such as ENFORCEMENT OPERATIONS are exempt from the recommended advance approval process,but still should be copied to the OTS PIO and OTS Coordinator when the release is distributed to the press. Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre-publicity,but are encouraged to offer embargoed media coverage and to report the results. 4. To use the following standard language in all press,media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety,through the National Highway Traffic Safety Administration. 5. To email the OTS Public Information Officer at pLoaots.ca.ggv,and copy your OTS Coordinator,at least 30 days in advance a short description of any significant grant related traffic safety event or program so .OTS has enough notice to arrange for attendance and/or participation in the event. 6. To submit a draft or rough-cut of all printed or recorded material (brochures,posters,scripts,artwork,trailer graphics,etc-)to the OTS Public Information Officer at 1io(a-),ots.ca.gov, and copied to your OTS Coordinator,for approval 14 days prior to the production or duplication. 7. To include the OTS logo, space permitting,on grant funded print materials; consult your OTS Coordinator for specifies relating to this grant. S. To conduct training for Departmental employees,and local law enforcement agencies to properly conduct Minor Decoy and Shoulder Tap Operations. 9. To conduct in conjunction with ABC,6 ABC multi-agency alcohol-establishment inspection sweeps at a minimum of 75 ofd sale alcohol outlets within the Inland Empire area. OTS-38b(Rev-6/13) GRANTS MADE EASY-STEP(Overtime Only) SCHEDULE A-GRANT DESCRIPTION Grant No.AL1436 Page 4 10.To conduct a minimum of I Shoulder Tap Operations. 11. To conduct a minimum of I Minor Decoy Operation. 12. To work closely with neighborhood community based organizations to promote traffic safety programs. 13. To increase the overall awareness of the Target Responsibility for Alcohol Connected Emergencies (TRACE)protocol among ABC licensees,by using the licensee training video in 6 Licensee Education on Alcohol and Drugs(LEAD)Program training sessions. 14. To conduct a minimum of 2 training sessions at local law enforcement agencies regarding ABC laws. 15. To provide 6 Responsible Beverage Service(RBS)Training sessions,impacting a minimum of 100 establishments. NOTE: Nothing in this "agreement"shall be interpreted as a requirement,formal or informal, that a particular police offlcer issue a specified or predetermined number(?f citations in pursuance of the goals and objectives hereunder. METHOD OF PROCEDURE Phase 1-Program Preparation,Training and Implementation (Is'Quarter of the Grant Year) • The police department will develop operational plans to implement the"best practice"strategies outlined in the objectives section. • A draft news release will be submitted to OTS to announce the grant program. • All training needed to implement the program should be conducted this quarter. Phase 2-Community Awareness(Throughout Grant Period) The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Phase 3-Data Collection&Reporting(Throughout Grant Period) • The police department will submit a Quarterly Performance Report(QPR) within 30 days following each calendar quarter. • The final QPR,Claim and Executive Summary are due to OTS 30 days following the end of the grant period. OTS-38b(Rev.6113) GRANTS MADE EASY-STEP(Overtime Only) SCHEDULE A-GRANT DESCRIPTION Grant No.AL1436 Page 5 • Reports shall be completed and submitted in accordance with OTS requirements specified in the Grant Program Manual. METHOD OF EVALUATION Using the data compiled during the grant,the Grant Director will prepare the Executive Summary to accompany the final QPR. The Executive Summary will: (1)briefly state the original problem; (2)specify the most significant goals and objectives; (3)highlight the most significant activities that contributed to the success of the program and the strategies used to accomplish the goals;and (4)describe the program's accomplishments as they relate to the goals and objectives. ADMINISTRATIVE SUPPORT This program has full support of the City of Ontario. Every effort will be made to continue the activities after the grant conclusion. OTS-38b(Rev.6113) SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO.AL1436-Ontario GEN Fund Number CFDA# Proolm Title Minimum Penalties For Repeat Offenders For Driving While 164AL 20.608 Intoxicated FISCAL YEAR ESTIMATES TOTAL COST COST CATEGORY TO GRANT A.PERSONNEL COSTS CFDA10/1113 thru 9/30/14 Positions and Salaries Overtime Compliance Check Operations 20.608 $ 9,000.00 $ 9,000.00 Minor Decoy Operations 20.608 $ 3,000.00 $ .3,000.00 Shoulder Tap Operations 20.608 $ 3,000.00 $ 3,000.00 Grant Management 20.608 I $ 5,025.00 , 5,025.00 Category Sub-Total Is 20,025.00 1 $ 20,025.00 B. TRAVEL EXPENSE None Is - $ I Category Sub-Totall Is - 1 $ - C. CONTRACTUAL SERVICES Allied Agency Operations i 20.608 1 $ 95,000.00 1 $ 95,000.00 Category Sub-Total l Is 95,000.00 1 $ 95,000.00 D. EQUIPMENT None $ - Category Sub-Total $ - E. OTHER DIRECT COSTS Training Meetings 20.608 $ 2,475.001 $ 2,475.00 Category Sub-Total $ 2,475.00 $ 2,475.00 F. MIRECT COSTS None Cateox Sub-Total Is .1 GRANT TOTAL I 117,500.00 $ 111a0,00j SCHEDULE B-1 GRANT No. AL1436 BUDGET NARRATIVE-HoST Page I PERSONNEL COSTS Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal,Deputy,Officer,Community Services Officer, Dispatcher, etc.,depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of$30.00/hour to S89.00/hour. Overtime reimbursed will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. No benefits will be reimbursed from this grant. TRAVEL EXPENSE None CONTRACTUAL SERVICES Memorandums of Understanding(MOU)or contracts will be developed with each participating allied agency that details overtime costs to be reimbursed. Allied agency personnel may participate in the following operations: Compliance Check,Minor Decoy,and Shoulder Tap training and operations. EQUIPMENT None OTHER DIRECT COSTS Training Meetings-meetings where the primary purpose is the dissemination of fi-affic;safety-related technical information. Costs may include meals,transportation,rental of meeting facilities,audio/visual equipment rental,printing and awards such as pins,hats,and plaques. Adequate records including an agenda must be maintained to document that the primary purpose of the meeting was for dissemination of traffic safety technical information. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS-38f(Rev.6/13) SCHEDULE DETAILED BUDGET ESTIMATE GRANT NO.AL1436-Ontario GEN Sub-Budget Allied Agency Operations Fund Number CFDA# Program Title Minimum Penalties For Repeat Offenders For Driving While 164AL 20.608 Intoxicated FISCAL YEAR ESTIMATES TOTAL COST CATEGORY COST TO GRANT A.PERSONNEL COSTS CFDA 10/1/13 thru 9/30/14 Positions and Salaries Overtime Compliance Check Operations 20.608 $ 57,000.00 $ 57,000.00 Minor Decoy Operations 20.608 $ 19,000.00 $ 19,000.00 Shoulder Tap Operations 20.608 $ 19,000.00 $ 19,000.00 CatS;2.7 Sub-Total l I $ 95,000.00 $ 95,000.00 B. TRAVEL EXPENSE one Is - $ - Category Sub-Total I $ $ C. CONTRACTUAL SERVICES I one Is $ CategorySub-Total I $ 1 $ D. EQUIPMENT None, Is Category Sub-Totall Is - Is E. OTHER DIRECT COSTS None Is - I $ C2!Sgoa Sub-Total Fs - F. INDIRECT COSTS None - Category Sub-Total $ - $ - GRANT TOTAL 95,000.00 S 95,000.00 SCHEDULE B-1 GRANT No. AL1436 SUB-BUDGET NARRATIVE Page I PERSONNEL COSTS Overtime for allied agency personnel to participate in training and enforcement details such as Compliance Checks,Minor Decoy and Shoulder Tap training,and operations,as described in the MOU. Overtime reimbursed will reflect actual costs of the personnel conducting the appropriate operation. No benefits will be reimbursed from this grant. TRAVEL EXPENSE None CONTRACTUAL SERVICES None EQUIPMENT None OTHER DIRECT COSTS None INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS-38f(Rev.6113) CALOORMA qf!!;4or TRArFP11P SAIFUY EXHIBIT A CERTIFICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes,regulations,and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR§18.12. The officials named on the Grant Agreement,certify by way of signature on the Grant Agreement signature page,that the Grantee Agency complies with all applicable Federal statutes,regulations,and directives and State rules,guidelines, policies and laws in effect with respect to the periods for which it receives grant funding.Applicable provisions include, but are not limited to,the following: 0 23 U.S.C.Chapter 4-Highway Safety Act of 1966,as amended * 49 CFR Part 18-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 0 23 CFR Chapter 11-(§§1200, 1205, 1206,1250,1251,&1252)Regulations governing highway safety programs 0 NHTSA Order 462-6C-Matching Rates for State and Community Highway Safety Programs * Highway Safety Grant Funding Policy for Field-Administered Grants NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(88),which prohibits discrimination on the basis of race,color or national origin(and 49 CFR Part 21);(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C.1681'-1683 and 1685-1686),which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended 29 U.S.C.794),and the Americans with Disabilities Act of 1990(101),as amended(42 U.S.C.12101,et seq.),which prohibits discrimination on the basis of disabilities(and 49CFRPart 27);(d) the Age Discrimination Act of 1975,as amended(42 U.S.C.6101-6107),which prohibits discrimination on the basis of age;(e)the Civil Rights Restoration Act of 1987(100),which requires Federal-aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities;(f)the Drug Abuse Office and Treatment Act of 1972(92),as amended,relating to nondiscrimination on the basis of drug abuse,(g)the comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(91),as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(h)Sections 523 and 527 of the Public Health Service Act of 1912,as amended(42 U.S.C.290dd-3 and 290ee-3),relating to confidentiality of alcohol and drug abuse patient records;(i)Title Vill of the Civil Rights Act of 1968,as amended(42 U.S.C.3601,et seq.),relating to nondiscrimination in the sale,rental or financing of housing;0)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application. I I Certifications and Assurances(Rev.2013) CALIFOINIA OFFICE OF TRAFFIC SAFETY......... ...... EXHIBIT A CERTIFICATIONS AND ASSURANCES BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act(49 U.S.C.53230)),which contains the following requirements: Only steel,iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality,or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.Clear justification for the purchase of non- domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY(MATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act(5 U.S.C.15011508)which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub- award at all tiers(including subcontracts,subgrants,and contracts under grant,loans,and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who falls 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. 2 1 Certifications and Assurances(Rev.2013) CAUF*tMA TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES RESTRICTION ON STATE LOBBYING 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 Instructions for Primary Certification 1. By signing and submitting this Grant Agreement,the Grantee Agency official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the Grantee Agency official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.If it is later determined that the Grantee Agency official knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default_ 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this Grant Agreement is submitted if at any time the Grantee Agency official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. S. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal, Grant Agreement,and voluntarily excluded, as used in this clause,have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29.You may contact the department or agency to which this Grant Agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency official agrees by submitting this Grant Agreement that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. 3 1 Certifications and Assurances(Rev.2013) CALIF04MA 0"1.C1..oF.TN_AFF1_C SAFETY EXHIBIT A CERTIFICA71ONS AND ASSURANCES 7. The Grantee Agency official further agrees by submitting this Grant Agreement that it will include the clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9,subpart 9.4,debarred,suspended, ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the list of Parties Excluded from Federal Procurement and Non- procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9 subpart 9.4,suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment,Suspension,and Other Responsibility Matters-Primary Covered Transactions (1)The Grantee Agency official certifies to the best of its knowledge and belief,that its principals: (a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded by any Federal department or agency; (b)Have not within a three-year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of record, making false statements,or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or Local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and (d) Have not within a three-year period preceding this application/Grant Agreement had one or more public transactions (Federal,State,or local)terminated for cause or default. (2)Where the Grantee Agency official is unable to certify to any of the Statements in this certification,such prospective participant shall attach an explanation to this Grant Agreement. 4 1 Certifications and Assurances(Rev.2013) CALIFORMA OFFICE.w.TRAMP SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES Instructions for Lower Tier Certification 1. By signing and submitting this Grant Agreement,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this Grant Agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,Grant Agreement,and voluntarily excluded,as used in this clause,have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29.You may contact the person to whom this Grant Agreement is submitted for assistance in obtaining a copy of those regulations. S. The prospective lower tier participant agrees by submitting this Grant Agreement that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9.subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this Grant Agreement that it will include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions.(See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9,subpart 9.4,debarred,suspended, ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the List of Parties Excluded from Federal Procurement and Non- procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 5 1 Certifications and Assurances(Rev.2013) CAUFORNIA O"ICE OF Tilts FMC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9 subpart 9.4,suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions 1. The prospective lower tier participant certifies,by submission of this grant agreement,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this grant agreement. 6 1 Certifications and Assurances(Rev.2013)