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HomeMy WebLinkAbout7/18/2007 - STAFF REPORTS - 2.G. ;Opp0.LM Sp4 ti �y fi. V N °T•on.r fr° City Council Staff Report DATE: July 18, 2007 CONSENTAGENDA SUBJECT: Acceptance of Office of Traffic Safety DUI Enforcement and Awareness Program Grant FROM: David Ready, City Manager BY: Palm Springs Police Department SUMMARY It is recommended that the City Council authorize the City Manager to accept a DUI Enforcement and Awareness Program Grant from the California Office of Traffic and Safety (OTS) in the amount of$110,000. RECOMMENDATION: 1. Adopt Minute Order No_ authorizing the City Manager to accept a DUI Enforcement Grant from the California Office of Traffic and Safety (OTS) in the amount of$110,000. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Police Department rigorously enforces DUI laws, and some of the tools used are to conduct DUI checkpoints, saturation patrol and awareness programs. These projects are labor intensive and thus expensive. The department conducts 3 — 4 of these enforcement projects each year. The department has been successful in obtaining grants to pay for the personnel costs for these programs. This grant has been awarded, and it is for DUI enforcement and awareness between 10/1/07 and 9/30/08. The Police Department currently has another grant from OTS for this purpose that expires on 9/30/07. Acceptance of this grant will allow the Department to continue to place a high emphasis on DUI enforcement and education- ITEM N0. City Council Staff Report July 18, 2007 -- Page 2 Acceptance of DUI Grant FISCAL IMPACT: None. No matching funds are required to obtain this grant. Gary Je dr n Police Chief David H. Ready, City Mager Attachments: Minute Order. MINUTE ORDER NO._ ADOPT MINUTE ORDER NO. AUTHORIZING THE CITY MANAGER TO ACCEPT A DUI CHECK- POINT AND AWARENESS PROGRAM GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC AND SAFETY IN THE AMOUNT OF $110,000. I, James Thompson, City Clerk of the City of Palm Springs hereby certify that this Minute Order, authorizing the City Manager to accept a DUI Checkpoint and Awarness Program Grant from the California Office of Traffic and Safety (OT5) in the amount of $110,000 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 18t" day of July, 2007. James Thompson, City Clerk C00003 :_, L,r�x:y State of California Aj. PIiOJECTNUMREn 9 OFFICE OF TRAFFIC SAFETY ALO805 GRANT AGREEMENT PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE DUI ENFORCEMENT AND AWARENESS PROGRAM 2. NAME OF APPLICANT ACENCY 4. PROJECT"PERIOD CITY OF PALM SPRINGS Month—Day-Year r C.'YUNITTOIIANDLEPROJECT From: 10-0I-07 LM SPRINGS POLICE DEPARTMENT To: 09-30-08 ECT DESCRIPTION (Provide an overview of the project activities that will address the problem statement, ht approximately ords. Space is limited to six lines.) e the persons killed and injured in alcohol involved crashes, "best practice" strategies will be conducted rtime basis. The funded strategies include DUI/Driver's License checkpoints and DUI saturation This program will also develop a "Plot Sheet" program. Through warrant service details, the police nt will target repeat DUI violators who failed to appear in court or violate probation. "These strategies ned to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT"EXCEED: 110,000.00 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR D_ AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Gary Seandron PIIONE:(760)323-8126 NAME: David Ready PRONE:(760)323-8201 TITLE: Chief of Police FAx: (760)323-8173 TtTLr: City Manager FAx: (760)323-8207 ADDRESS: 200 South Civic Drive ADDRESS: 3200 East Tahquitz Canyon Way Palm Springs, CA. 92262 Palm Springs, CA. 92262 E-MAIL: Gary. ron@palmsprings-ca.gov E-MAIL: David.Ready@palmsprings-ca.gov ature) (Data) (Signature) Date C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AU"I"HORIZED TO RECEIVE PAYMENTS NAME: Craig Graves PHONE:(760)323-8221 NAME: Finance Department TITLE: Director of Finance FAX: (760)322-8320 ADDRESS: 3200 East Tahquitz Canyon Way ADDIZE,.S: 3200 East Tahquitz Canyon Way Palm Springs, CA. 92262 Palm Springs, CA. 92262 E-MAIL: Craig.Graves@palmsprings-ca.gov (Signature) (Date) 17T5-38 DU1/OT(Rev. 5/07) QQQbQ4 GRANTS MADE EASY-DUI Overtime SCHFI) LE A GRANT No: PT0805 GRANT DESCRIPTION Page 1 GRANT TITLE: DUZ ENFORCEMENT AND AWARENESS PROGRAM AGENCY.- PALM SPRINGS POLICE DEPARTMENT PROPOSED BEGINNING DATE: 1011/07 PROPOSED ENDING DATE: 9/30/08 PRO13LEM STATEMENT: Using local data(not OTS Rankings or S WITRS), complete the table below. Collision Type 1 2003 1 2004 2005 Collisions Victims Collisions Victims Collisions Victims Fatal 8 11 12 13 11 12 Injury 363 423 393 682 363 653 Fatal Iniu Killed Inured Fatal Iniur Killed Inured Fatal I Inlury Killcd Injured Alcohol Involved 7 55 1 7 47 4 66 4 71 8 49 8 63 Hit$Run 0 30 0 17 0 30 0 43 0 123 1 125 Nighttime 7 38 1 3 39 3 j 37 1 8 73 6 53 4 56 2100-0259 hours Please provide detailed answers to the following questions as part of the Problem Statement: 1. Describe the traffic safety problem(s) to be addressed, include: • What percent of your collisions involve drivers with suspended or revoked license or drivers who have never been issued a license? • What percent of your total DUI arrests between October 1, 2005, and September 30, 2006, were made at the scene of a collision? Our DUI collision problem continues to grow as the population to the Coachella Valley and tourism to the City of Patin Springs increases. Unfortuotaely, the City of Palm Springs also continues to rate very poorly in several of the Office of Traffic Safety collision ranking categories. In 2004, and 2005 we were were ranked "nwnber one" in overall collision composite. In 2004, we ranked 2 of 99 , and in 2005 we ranked 3 of 96 in total fatal and injury collisions. In 2004, we ranked I of 99, and in 2005, we ranked I of 96 in alcohol related collisions. We need to agressively address the primary causes of our injury collisions and improve our status on the OTS rankings scale. During the 2006 base year time frame our Department made 198 DUI arrests, 120 or 61 % of these arrests were as a result of a collision investigation response. 78 DUI arrests or 31%were made as a result of proactive enforcement efforts. Our officers were were very proactive in the later part of this term. There were a total of 331 DUI arrests. 119 arrests or 36% were as a result of a traffic collision and 212 or 64% of the arrests were as a result of proactive efforts. Over 60%of the drivers involved in these above collisions were driving on a suspended or revoked CDL_ We continue to work hard toward finding these DUI drivers prior to the collision incident and emergency response. 2. I3ow many sobriety checkpoints did your department conduct between October 1, 2005 and OTS-38b DUI Overtime (12106) GRANTS MADE EASY-DUI Overtime SCHEDULE A GRANT No: PT0805 GRANT DESCRIPTION Page 2 September 30, 2006? (Include checkpoints from all funding sources, i.e. OTS grants or mini-grants, and department funded) On 10/08/05, we conducted a DUI/CDL checkpoint that resulted in no drivers being arrested for DUI, 9 vehicles were towed for 30 days, and 10 citations being issued. On 03-18-06, we conducted a DUl/ CDL checkpoint that resulted in 10 drivers being arrested for DUI, 17 vehicles towed for 30 days, and 39 citations being issued. On 07-29-06, we conducted a DUI/CDL checkpoint that resulted in 4 drivers being arrested for DUI, 22 vehicles towed for 30 days, and 35 citations being issued. 3. What is the average number of DUI arrests and vehicles impounded per checkpoint? An average of five(5)DUI arrests and 16 vehicles are towed at each checkpoint. (We also issue an average of 28 citations per checkpoint-) 4. What is the magnitude of your city's problem concerning repeat DUI offenders who violate probation or fail to appear in court? Do you currently have a program that proactively addresses this issue? In January 2006, we conducted a warrant databank search for DUI offenders that were arrested by Palm Springs Police that have active warrants for DUI offenses committed in our city. At that time, there were 324 offenders with active DUI warrants. We tried serving several of these warrants and had limited success. We are seeking information from allied agencies to develop a court sting program for DUI drivers who continue to drive on suspended or revoked CDL's. Also, there is currently no mechanism in place with the Probation Department to address the need to closely monitor repeat DUI offenders. 5. Do you have a backlog of unserved warrants for repeat DUI offenders? Yes, over.100 active DUI warrants 6. IIow many of your traffic officers have received Standardized Field Sobriety Testing(SFST)training? 22 officers or 24% of our officers have attended the required SFST training 7. What is your current administrative recovery fee for vehicles impounded for up to 30 days and how much of the fee goes to the General Fund vs. a special Traffic Offender account?How is it used? There is currently a$75.00 administrative fee that returns to the General Fund. Beginning in late 2007, we have renegotiated a flat rate annual franchise fee of$25,000 from each of the four participating tow agencies to pay each year in lieu of the per car fees. This money is used to fund another clerical position in the Department to keep up with the increasing trafic related documentation. PERFORMANCE MEASURES: Goals: Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant program_ 1. To reduce the number of persons killed in traffic collisions by 25% from the calendar FFY 2006 base year total of 7 to 5 by September 30, 2009. OTS-38b DUI Overtime (12106) 000006 GRANTS MADE EASY—DUT Overtime SCHEDULE A GRANT No: PT0805 GRANT DEsCRIP'TION Page 3 2. To reduce the number of person injured in traffic collisions by 15% from the calendar FFY 2006 base year total of 626 to 532 by September 30, 2009. 3. To reduce the number of persons killed in alcohol-involved collisions by 30% from the calendar FFY 2006 base year total of 6 to 4 by September 30, 2009. 4. To reduce the number of persons injured in alcohol-involved collisions by 30% from the calendar FFY 2006 base year total of 95 to 67 by September 30, 2009. 5. To reduce hit&run fatal collisions by 100% from the calendar FFY 2006 base year total of one (1) to Zero (0) by September 30, 2009 6. To reduce hit&run injury collisions by 15% from the calendar FFY 2006 base year total of 45 to 38 by September 30, 2009. 7. To reduce nighttime(2100 - 0259 hours) fatal collisions by 30% from the calendar FFY 2006 base year total of 6 to 4 by September 30, 2009. 8. To reduce nighttime(2100 - 0259 hours) injury collisions by 30% from the calendar FFY 2006 base year total of 67 to 47 by September 30, 2009. Objectives: Objectives are the tasks or activities undertaken during the grant period to make the goals a reality_ Objectives are designed to move you closer to achieving your overall goals. Objectives are used to measure a grantee's success. 1. To issue a press release announcing the kick-off of the grant by November 15, 2007. The press releases and media advisories, alerts, and materials must be forwarded to the OTS Public Information Officer at pio(rots-ca.eov and copy the OTS Coordinator for approval 14 days prior to the issuance date of the release. 2. 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." 3. To email OTS at pio a,ots.ca.gov and copy the OTS Coordinator draft press releases for OTS approval for all grant funded operations at least 14 days prior to the issuance date of the release. 4. To submit applications for the California Law Enforcement Challenge (bM://www_cbp-ca.gov/clec/index.htmll by the deadline of March 31, 2008 to OTS and: California Law Enforcement Challenge P.O. Box 942898 OTS-38b DUI Overtime (12/06) QQQQQ � GRANTS MADr EASY-DUI Overtime SCHEDULE A GRANT No: PT0805 GRANT DESCRIPTION Page 4 Sacramento, CA 94298-0001 Attention: Special Projects Section (052) 5. To conduct Standardized Field Sobriety Testing (SFST) training for 6 officers by March 31, 2008. 6. To conduct 4 DUI/DL checkpoints by September 30, 2008. Note: For combination DUI/DL checkpoints, departments must issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Also, according to the Attorney General's Office all DUI/DL checkpoint operations must have signs reading "DUI/Driver's License Checkpoint Ahead."Checkpoint operations should not commence prior to 1800 hours unless you have received OTS approval. To maximize effectiveness, it may be necessary to conduct a checkpoint operation at more than one location on any given day/night. Each checkpoint should be highly publicized and visible. No occupant restraint citations will be issued at the checkpoints. OTS does not fund or support independent DL ebeckpoints. 7. To conduct 48 DUI saturation patrols specifically to locate impaired and speeding drivers by September 30, 2008. 8. To conduct 4 warrant service operations targeting multiple DUI offenders who violate probation terms or fail to appear in court by September 30, 2008. 9. To develop a"Hot Sheet"program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions by December 31, 2007. Updated Hot Sheets will be distributed to patrol and traffic officers every three to four weeks. 10. To conduct 0 "Stakeout" operations that employ police officers to observe the"worst of the worst"repeat DUI offender probationers with suspended or revoked driver licenses by September 30, 2008. Between the warrant services,the DUI checkpoints, and the saturation patrols that are planned during this funding period, we believe that the personnel funding allocations are better used for more saturation patrols. We have been highly effective during the last year in locating repeat known "worst of the worst"offenders while actively patrolling for other impaired drivers in the city areas of the known DUI violations. 11. To conduct 0 "Court Sting"operations to cite individuals driving from court after having their license suspended or revoked by September 30, 2008_ The local court is over 30 miles away from Palm Springs. Between the warrant services, the DUI checkpoints, and the saturation patrols that are planned during this funding period,we believe that the personnel funding allocations are better used for more saturation patrols. We have been highly effective during the last year in locating repeat known"worst of the worst" offenders while actively patrolling for other impaired drivers in the city areas of the known DUI violations. We also plan on targeting these same individuals during our planed warrant operations. i fI OTS-38b DUI Overtime (12/06) GRANTS MADE EASY—DUI Overtime SCHFDULE A GRANT No: P'T0805 GRANT DESCRIPTION Page 5 NOTE: Nothing in this "agreement"shall be interpreted as a requirement,formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. METHOD OF PROCEDURE: Phase 1: Program Preparation and Training and Implementation (October 1, 2007—December 31, 2007) • 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 will be conducted this quarter_ • All grant related purchases needed to implement the program will be made this quarter. • In order to develop the"Hot Sheets", research will be conducted to identify the"worst of the worst" repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. The Hot Sheets may include the driver's nanie, last known address, DOB, description, current license status, with the number of times suspended or revoked for DUI. Hot Sheets will be updated and distributed to traffic and patrol officers every three to four weeks. • The police department will meet with appropriate court personnel to help develop an operational plan to conduct court stings. Phase II: Communitv 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 Ill_ Data Gathering and Analysis (Throughout Grant Period) • The police department will submit a Quarterly Performance Report (QPR) and Quarterly Evaluation Data Form, Schedule C within 30 days following each calendar quarter. • The final QPR, Schedule C and Executive Summary are due to OTS by October 31, 2008. METHOD OF EVALUATION: The Office of Traffic Safety will use the QPR data to determine whether the grant was successful. OTS will also select grants for monitoring reviews to ensure the accuracy of claimed costs. For example, OTS will review claimed costs to ensure they are supported by time sheets, vouchers, invoices,purchases, etc. OTS-38b DUI Overtime (12/06) L�00�04 GRANTS MADE EASY—DUI Overtime SCHEDULE A GRANT No: PTosos GRANT DESCRIPTION Page 6 ADMINISTRATIVE SUPPORT: This program has full support of the City Council and Palm Springs Police Department personnel and every effort will be made to continue the activities after the grant conclusion. The City Council has endorsed this grant by resolution. 0TS-38b DUI Overtime (12/06) COO @ STATE OF CALIFORNIA• OFFICE OF TRAFFIC SAFETY OTS-136(Rev. 12/06) Grants Made Easy " OTS TJS� ONLY. Coversheet for Traffic Safety Proposals Yroposai'#: Federal Fiscal Year 2008 Coordinator•„ rarn Area: Agency Name: JPa1m Springs (3311) Does your city contract law Department: Police Department enforcement personnel from the county Sheriffs office? Proposal Title: DUI Enforcement and Awareness Program ❑ YES 0 NO Proposal Summary: (Summarize grant goals and objectives. Maximum 750 characters--about 100 words) To reduce the persons killed and injured in alcohol involved crashes,"best practice"strategies will be conducted on an overtime basis. The funded strategies include DUI/Driver's License checkpoints and DUI saturation patrols. This program will also develop a"Hot Sheet"program and conduct"Stakeout"operations for officers to concentrate on repeat DUI offenders on probation who have had their licenses suspended or revoked.Court"stings"operations will focus on DUI offenders with suspended or revoked driver licenses who get behind the wheel after leaving court. Through warrant service details,the police department will target repeat DUI violators who failed to appear in court or violate probation. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. Egtiipinentt.(it. ofiicable); [toquested`;Fundiu by;13'tidgeti.Ctitegoiy: Visual Statement', Irs>,o v"' oiistruclions str 'i'tiuit`'' y P ,� � ' - 'y,�g:. ,a'• Travri 52,000:04'- ,,y .,GonttactaLSCk±ices_:.' .: $0:00= TotaiStatidnCollisibri,soda©iovadtigafbn.�ystein; l.irnit}' h1''6";ir;'',t'aa,a:= 542,200.00 :., tl�cr^Aireeti'CQsts• .. $..4 200.00' 4d.IDARspeed- i'pl'ce[StentdeviC05'`:' ,+`" �',' 'Sir"'r ,,.: ;+„- '`;; lubireercots.:',: ' ,.., . q, i , ;a;,,.,'„ ., `"• j 1 verify the costs requested for personnel and benefits are 0' r» .,dr,y7yB a;s • r•.,, accurate. . _ __ _ , mE,n'It,i i'y V ',N Yh• _ '•,•1'.\'Yi 11,l.J Fiscal Representative Agency Contact `, ?,'," ;; �. Pp9to F-tindipg First Name: Abraham Las Tokier .2008 Title: Traffic Unit Sergeant Address 1: 200 South Civic Drive ;, Address 2: Address 3: City: Palm Springs Slate: ii."AtCry tslipCode: 92262 Phone#: Ext.: FAX#: E-mail: Abe.Tokier(a� alms rim s-ca. ov ;; ,q ; ' '' ,' q fir,,, %S9•ID,000.00 7,4 t, FFY 2008 Proposal-Coversheet Page I GRANTS MADE EASY—DU1 Overtime SCHEDULE B-1 GRANT No. A.L0805 BUDGET NARRATIVE Page 1 PERSONNEL COSTS: Overtime - Budgeted grant activities will be conducted by agency personnel on an overtone basis. Grant funded operations may be conducted by personnel such as an Officer, Lieutenant, Sergeant, Corporal, Deputy, Community Services Officer, Dispatcher etc., depending on the titles used by the agency_ Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of$36T .46/hr to $70.99/hr(NOTE: do not include benefits in the overtime rate)_ Overtime reimbursement (OT hourly rate and benefit) will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Overtime benefits are usually between 9% - 120/1 of the Maximum Overtime Benefit Rate ° hourly overtime rate. Sociai Security/FICA 1.45 Unetn to ment Insurance -5°j Worker's Compensation 11.93°/ (enter additional overtime benefits) 0% TRAVEL EXPENSE: Total Benefit Rate 13.88% In-State— Costs are included for appropriate staff to attend conferences and training events supporting the grants goals and objectives and/or traffic safety. Funds may be used to attend OTS approved training. Anticipated travel and events include local mileage for grant activities and meetings, the PTS Seminar. One Traffic Unit Supervisor will attend the 2008 OTS Conference (including registration, travel, lodging, and per diem) estimated at$2,000.00. All conferences, seminars or training not specifically identified in the Schedule B-1, must be approved by OTS All travel claimed would beat the agency approved rale. Per Diem may not be claimed for meals provided at conferences when registration fee are with OTS grant funds_ Out-Of--State-- None CONTRACTUAL SERVICES— None EQUIPMENT: Provide a brief narrative explanation and justification of equipment items requested on the Schedule B_ OTS-38f Overtime Personnel (Rev. 12/06) GRANTS MADE EASY—DUI Overtime SCHEDULE R-1 GRANT NO. AL0805 BUDGET NARRATIVE Page 2 The `Visual Statement' collision reconstruction system is state of the art software technology that will allow our Department to better document and record where evidence is located at the scene of hit&run, DUI, and other types of collisions. This system is designed to develop a two or three dimensional computer aided reconstruction of the collision for accurate documentation of the event and better court presentations. A four day training course is also recommended(equipment, training including registration, travel, lodging, and per diem estimated at$7,200.00). The `Total Station' collision investigation system is state of the art laser and computer aided technology that will allow our Department to better document and record where evidence is located at the scene of hit& run, DUI and other collisions. This system is designed to provide quicker and more accurate collection of designated points to develop a two or three dimensional reconstruction computer aided report used for the court presentation of a collision(equipment, training including registration,travel, lodging, and per diem estimated at$17,000.00). The four(4)requested LIDAR laser speed enforcement devices will be deployed for uniformed patrol officers to use to increase their total 2006 base year citations written. Pact: During 2006, 93% of all department-wide citations were written by four Traffic Unit officers during day watch. The remaining 7% were written by the remainder of the uniformed officers during the rest of the time. Many patrol officers have already attended laser/radar training. However they currently do not have the necessary speed enforcement equipment to enforce the speed laws. Many impaired drivers are speeding when they are stopped by the police, or when they are involved in a serious injury collision. Obtaining this equipment will enable patrol officers to conduct speed enforcement efforts around the clock, and would assist them in locating more impaired drivers (estimated at$27,000.00). OTHER DIRECT COSTS: Provide a brief narrative explanation and justification of items requested on the Schedule B for Other Direct Costs. Tops & Barricades will be used to provide road closure equipment and required signage during the four(4) DUI/CDL checkpoints (estimated at $4,200.00). INDIRECT COSTS: None PROGRAM INCOME: There will be no program income generated from this grant_ OTS-38f Overtime Personnel (Rev. 12/06) C00013 STATE.OF CALIFORNIA•OFFICE OF TRAFFIC SAFFTY ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS OTS-33 (Rev.05/07) APPLICAN"r AGENCY OTS GRANT NUMBER Palm Spring Police Department AL,0805 The following attachments are included herein and constitute a part of this Grant Agreement: 1. OTS-38—Pagel 5. Schedule C—Quarterly Evaluation Data(when required) 2. Schedule A—Grant lDescription 6. OTS-33 —Acceptance of Conditions and Certifications 3. Schedule B—Detailed Budget 7. General Terms, Conditions, and Certifications Estimate for Grant Costs (OTS Grant Program Manual (GPM), Exhibit 6A. 4. Schedule B-1 —Budget GPM available on-line at w ww.ots.ca.aov) Narrative TERMS AND CONDITIONS It is understood and agreed by the Grantee that grant fiords received as a result of this Agreement are subject to all federal and state regulations governing grants and to the following controls, terms and consideration expressed in the OTS Grant Program Manual which includes but is not limited to: REPORTS/CLAIMS FOR REIMBURSEMENT I. Quarterly Performance Reports and Reimbursement Claims must be submitted by the Grantee to the Office of Traffic Safety(OTS) by January 30, April 30, July 30, and October 30, during each year of grant operation. The failure to timely submit complete and correct claims within sixty(60) days of their due dates may constitute Grantees irrevocable waiver of any right to thereafter recover from Grantor any part of those waived grant sums which may thereafter be reallocated or reverted by Grantor. 2. OTS will withhold or disallow granL payments, reduce or terminate grant funds, and/or deny future grant funding anytime a Grantee fails to comply with any term or condition of this Grant Agreement or program guidelines (GPM, Chapter 3.11)_ This may include, but is not limited to, the following: • Failure to submit acceptable and timely reimbursements claims; • Failure to submit acceptable and timely quarterly performance reports; ■ Failure to submit an acceptable and timely Schedule C, Quarterly Evaluation Data(OTS-38g, applies only when a Schedule C has been required); • Failure to comply with requirement of the Single Audit Act(GPM, Chapter 4.11); and • Failure to submit properly procured and fully executed and acceptable sub-Contracts. 3. By October 31, "continuing" grants must submit a September 30 claim and a written justification to support carrying forward the remaining grant year unexpended funds. September 30 claims and written justifications, supporting the carrying forward of these prior year unexpended funds submitted after November 30 will not be processed and the prior claim (i.e., June 30) will be considered the year-end claim in order to close out the federal fiscal year ending September 30. In addition, these unexpended funds will be de-obligated and allocated to new grants. i SUB-CONTRACTS 4. Consultants and/or sub-contractors shall be selected in accordance with the grantee agency procurement policies and procedures in order to comply with the terms of this agreement and in accordance with OTS GPM Chapter 6 Procurement& Contract Administration and Exhibit 6-A General Terms, Conditions, and Certifications. A fully executed copy of the sub-contract and completed Contractual Services Checklist& Questionnaire, OTS-85 shall be submitted to OTS for inclusion in the official grant file prior to request for reimbursement. The Grantee, consultant, contractor and/or sub-contractor are subject to all terms and conditions and are bound by the certifications of the Grant Agreement and 49 CFR Part 18, and/or CFR Part 19 whichever is applicable. Services shall be provided subsequent to final sub-contract execution and signature by both parties to the sub-contract and the reimbursable costs incurred for grant work shall be consistent with the starting and termination date identified in the Grant Agreement. Grantor is not obligated to make any payment under any agreement prior to final execution or outside the terns of the sub-contract period. Contractor/Grantee Agency expenditures incurred prior to final sub-contract execution are taken at the risk of that Contractor/Grantee Agency acid will be considered unallowable if that agreement/sub-contract is not executed. AVAILABILITY OF.FUNDS 5. If, during the term of the Grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the Grant award sum for allowable and uncancelable grant costs incurred following receipt of Grantor's written notice to the Grantee. REVIS10Ns 6. Grant Agreement revisions are allowed in accordance with the guidelines detailed in the OTS GPM, Chapter 3.8 and conforming to the revision examples provided in Chapter 3.9. All appropriate documentation required to request a grant revision requiring Grantor's approval (i.e. budget category increases, etc.) must be timely submitted to Grantor. 7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8. Those additional terns and conditions identified in the OTS GPM, Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-A), are incorporated herein by reference and made a part of this Agreement. TRAFFIC ENFORCEMENT AGENCIES ONLY: 2 000015 9. Full time Grantee traffic enforcement personnel and any equipment funded under this Grant shall be dedicated solely to Grant supported enforcement tasks unless a criminal offense is committed in the officer's presence and response to an officer in distress is initiated, and a riot requires that all available enforcement personnel be committed in response_ We, the officials named below, hereby swear that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. Executed on the date and in the county named below and made under penalty of perjury under the laws o f the State of California. GRANT DIRECTOR'S NAME EXECUTED IN THE COUNTY OF Gary Jeandron Riverside GRANT DIRECTOR'S SIGNATURE DATE EXECUTED TITLE Chief of Police AUTHORIZING OFFICIAL'S NAME EXECUTED IN THE COUNTY OF David Ready Riverside AUTHORIZING OFFICIAL'S SIGNATURE DATE EXECUTED TITLE City Manager 3 000016