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94-39 Resolution No. 94-39 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE "EL PROTECTOR" PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the "El Protector" program, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: February 23, 1994 Adopted: February 23, 1994 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • n Agenda Item No. r O�11'jt b/ • February 14, 1994 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Approval of grant application to IDOT "El Protector" Grant PURPOSE To request approval of a grant application to the Illinois Department of Transportation for the "El Protector" grant funding. BACKGROUND In June 1993 the Elgin Police Department received a grant from the Illinois Department of Transportation from Federal Highway Safety money. The grant was 100 % funding of a His- panic Highway Safety Project, "El Protector", modeled on a successful program in California and Nevada. Officer Almeida has been devoting full time to this project for the last seven months. This grant would extend the grant period for another full year, from June 1994 through June 1995. This grant represents year two of a three year grant program. FINANCIAL IMPACT None, all costs, including salary, fringe benefits, vehicle, office, telephone, secretary, etc. are fully reimbursed by IDOT to the City of Elgin. A lag of 4-6 weeks is experienced to receive full reimbursement. LEGAL IMPACT None. RECOMMENDATION The staff recommends that this grant application be approved. / / A A A Ro• -r 0. Mal , Interim City Manager amp Illinois Department Highway Safety • of Transportation Project Request Division of Traffic Safety 3215 Executive Park Drive/P.O. Box 19245 Springfield, Illinois 62794-9245 1. Applicant Agency: Elgin Police Department For Office Use Only Project Number: AL4-1720-038 Address: 150 Dexter Court Project Title: Elgin, Illinois ' 60120 PSP/Task. Proj.Yr. TIN/FEIN: 36-6005862 PSP Title: 2. Governmental Unit: City of Elgin 3. Starting Date: July 1, 1994 4. Expiration Date: June 30, 1995 Address: 150 Dexter Court 5A-E. Project Description (attached) Elgin, Illinois 60120 - TIN/FEIN: 36-6005862 n Yes D No 5F. Project Description Summary: This project allocates funds for the Elgin Police Department to implement the "El Protector" Program. The program is designed to educate the Latino population concerning traffic safety issues. Special educational materials and presentations (both in Spanish and English) will be made available to areas listed within the agreement. Proposed 5G.Project Budget: Federal Local Total Personal Services $ 61,521.30 $61,521.30 Fringe Benefits 8,528.02 8,528.02 Social Security 956.25 .. 956.25 Travel 592,00 . 592.00 Contractual Services 15,000,00 15,000.00 Printing - 5,000.00 5,000.00 Commodities 6,800.00 6,800.00 Equipment . Oper/AutolEquipment 2,500,00 2,500.-00 Totals $100,897.57 $100,897.57 • 6. A- The attached Agreement Conditions constitute a part of this agreement. ' B- "Obligation of the state shall cease immediately,without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or federal funding source fails to appropriate or otherwise Make available funds for this contract." • 7A. Project Director: 7B. Authorizing Official: Name: Pete Almeida . Name Robert 0. Maim Title:Bilingual Traffic Safety Program Coord. Title: Interim City Manager Address: 150 Dexter Ct. , Elgin, IL 60120 Address: .4,411' er Ct„ Elpin IL 60.120 Telephone (708)931-6760 Telephone: 1yrr/ '9� _44j 4 4' Signature /' " A • :7 �y Signature: . . vn Z Agreement Conditions The following are general conditions of approval and procedural guidelines to which all projects are subject. Signators of this agreement certify that these conditions and procedures will be adhered to unless amended in writing. A. News Releases: 1. Any article/publication or news release written by the agency shall identify the Illinois Department of Transportation (IDOT) and the-National Highway Traffic Safety Administration and/or Federal Highway Administration (NHTSA! FHWA) as funding sources. 2. Closed Captioning. All public service announcements funded, in whole or in part,through this federal highway safety program must be closed captioned for the hearing impaired. B. Title VI of the Civil Rights Act of 1964, Sec.601 (Nondiscrimination in Federally-Assisted Programs): No person in the United States shall,on the grounds of race,color, sex or national origin,be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assis- tance. 49 CFR 21 through Appendix H and 23 CFR 710.405(b) are incorporated and made part of this agreement by reference. • C. Disadvantaged Business Enterprises: 1. Policy- It is the policy of the (U.S.) Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts fi- nanced in whole or in part with federal funds under this agreement. Consequently the DBE requirements of 49 CFR Part 23 apply to this agreement. 2. DBE Obligation-The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and sub- contracts financed in whole or in part with federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipi- ents and their contractors shall not discriminate on the basis of race,color, national origin or sex in the award and performance of Department of Transportation-assisted contracts. 3. Illinois Department of Transportation Program Requirements for Recipients of Grants-All recipients shall comply with the requirements of 49 CFR Part 23.43. These recipients which are required under Part 23.41 to develop a program shall either adopt the Department DBE Program as the minimum to which they will adhere or develop their own DBE Program pursuant to 49 CFR Part 23. This requirement will be a specific condition of grant or contract approval. The Department will provide assistance to recipients in the setting and enforcement of goals for DBEs. The Department will provide its certified DBE directory to recipients at no charge. 4. Subcontracts-The recipient shall include the provisions of this"Policy" in every subcontract, including procurement of materials and leases of equipment. D. Laws of Illinois: This contract shall be governed in all respects by the laws of the State of Illinois. E. Procurement Procedures: All procurement transactions for contractual services,commodities and equipmentshall be conducted in a manner that provides maximum open and free.competition. The applicant agency shall also meet the following minimum procedural requirements, as well as any specific procedures written into the narrative of this agreement. 1. Solicitations of offers shall include a description of the technical requirements for the product or service to be procured. 2. Awards shall be made only to responsible bidders that can meet the preceding requirements. • 3. Small purchasaprocedures,which consist of obtaining price or rate quotations from at least three qualified sources, may be used for products or services having a total value of not more than$5,000. 1 3. Travel costs shall be documented with submission of: a. Paid receipts for lodging,transportation and miscellaneous expenses exceeding$10.00. b. Certified odometer logs. c. Per diem records. 4. Operation of automotive equipment shall be documented with submission of certified odometer logs. 5. Claims for reimbursement should be submitted on a monthly/quarterly basis. The final claim for reimbursement must be received by the Division of Traffic Safety within 30 days following the expiration of the grant to receive payment. H. Equipment Inventory: An inventory of nonexpendable personal property having an acquisition cost of$5,000 or more is subject to periodic inspection by the Division of Traffic Safety. "Property Management Standards"will be furnished by the Division of Traffic Safety. These standards provide requirements relative to equipment inventory, use and disposition procedures. I. Project Monitoring: The Division of Traffic Safety will conduct periodic on-site reviews of all ongoing highway safety projects to monitor adherence to the project agreement and to review project progress. J. Reports: Progress reports by objective shall be submitted to the Division of Traffic Safety as stipulated in this agree- ment. The final project report shall be submitted to the Division of Traffic Safety within 30 days after the expiration date of the project or as stipulated in this agreement. K. Alterations: All alterations shall be requested in writing and shall be authorized in writing by the Division of Traffic Safety before work is started. No oral understanding or agreement not incorporated herein will be binding on any of the parties hereto. L. Termination/Cancellation: "Obligation of the State shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available funds for the contract." This agreement.may be terminated by either party upon 30 days written notice. Failure to carry out the conditions set forth herein shall constitute a breach of the agreement and may result in termination of the agreement or such remedy as appropriate. Upon termination,the applicant agency will be paid for work satisfactorily completed prior to the date of termination. M. Work Product: All documents including reports and all other work products produced by the applicant agency under this contract shall be submitted to the Division of Traffic Safety for approval prior to development and same shall become and remain the property of the Division of Traffic Safety. N. Audits: The records and supportive documentation for all completed projects are subject to an on-site audit by the Illinois Department of Transportation, Bureau of Accounting and Auditing. The Bureau of Accounting and Auditing reserves the right to inspect and review during normal working hours the workpapers of the independent auditor in support of their audit report. The Single Audit Act of 1984(Public Law 98-502) requires the following: 1. State or local governments that receive$25,000 or more a year in federal financial assistance shall have an audit made in accordance with Office of Management and Budget (OMB) Circular No. A-128. 2. State or local governments that receive less than$25,000 a year shall be exempt from compliance with the Act and other federal audit requirements. 3. Nothing in this paragraph exempts State or local governments from maintaining records of federal financial assis- tance or from providing access to such records to Federal Agencies, as provided for in Federal law or in Circular A-102"Uniform Requirements for Grants to State or Local Governments." 3 2. Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Drug Free Workplace Act(Public Act 86-1459). False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments,termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one (1)year but not more than five (5) years. T. Conflict of Interest: The undersigned agency agrees to comply with the provisions of the Illinois Purchasing Act prohibiting conflict of interest (III. Rev. Stat., 1985, Ch. 127,pars. 132.11-1 through 132.11-5). All the terms, conditions and provisions of those Sections apply to this contract and are made a part of this contract the same as though they were incorporated and included herein. U. Contract Provision: The undersigned agency certifies that they will comply with the provision of Public Act 87-991 requiring that every contract entered into shall provide that the contractor(and subcontractor) maintain certain records and documentation relating to the grant and/or contract for a minimum of five years after contract completion. • 5 5A. PROBLEM STATEMENT For the last few years, the Latino population has increased within the State of Illinois by large percentages. According to the Bureau of Census, the Latino community increased by 62% between 1970 and 1980. Between 1980 and 1990, the increase was 42%. The following statistics were also tabulated by the Bureau of Census. • State wide there are 904,446 Latinos • 623,688 are Mexican (69%) • 146,059 are Puerto Rican (16%) • 18,204 are Cuban (2%) • 116,495 other (13%) The Latino community is also said to be the largest minority group within the state and continues to grow. Since much of the makeup of this state's Latino population is made up of legal and illegal immi- grants, many are not familiar with local and state traffic safety laws. In many instances, Latino drivers are unfamiliar with the haz- ards of impaired driving or the importance of occupant protection. A study was conducted by the Elgin Police Department as to what type of impact these statistics have had on the number of traffic related incidents involving Latino drivers within a five county area (Kane, Lake, McHenry, Cook and DuPage) . The analysis revealed that a dispro- portionate number of drivers with Latino surnames were involved in a higher number of traffic related incidents than all other drivers. Two areas of great concern were the high number of DUI arrests and occupant restraint violations. Since most motor vehicle crashes in- volve alcohol and 70% of children under the age of 6 die in crashes, the need for a preventative program has been compounded since most educational materials are not in Spanish. The analysis also included interviews with social agencies, school officials, insurance agents and law enforcement agencies within the five mentioned counties. In every instance where the area was similar with regard to population, the number of traffic related problems among Latino drivers were high. For the last 2 years, the Elgin Police Department has had an active traffic safety program for the Latino community. In the last 7 months, the department has dedicated one officer to coordinate the "EL PROTECTOR" Program for the state on a four county basis. Based upon this analysis and.the experience of the department's personnel, contin- ued support and funding for this program is requested. 5B. BACKGROUND The Elgin Police Department conducted research on the number of traf- fic-related incidents involving persons with Hispanic surnames. The percentages of drivers in Elgin with Hispanic surnames arrested or cited for theviolations were as follows: • Violation Latino Surname Other Year • DUI 63% 37% 1991 No Valid Driver's License 91% 9% 1991 No Vehicle Insurance 76% 24% 1991 No Child Safety Seat 65% 35% 1992 • A large number of hit and run crash reports contained suspect informa- tion depicting male Latino drivers leaving the scene of the crash. Because of the high rate of incidents among this one group, a "Hispan- ic Outreach Program" was initiated within the City of Elgin. The objective of the program was to reach out and inform the Latino commu- nity about local and state traffic laws. During the development of this program, another program was found which addressed the same issues on a statewide basis. The California Highway Patrol and the Arizona Governor's Office of Highway Safety instituted the "EL PROTECTOR PROGRAM" which is designed to educate the Latino population of those states about traffic safety issues already mentioned. The Program is designed to reach out to the Latino communi- ty in a nontraditional fashion. This is done by using a bilin- gual/bicultural police officer who would be outfitted in plain clothes (i.e. , black t-shirt with "EL PROTECTOR" logo, jeans, jean jacket and cowboy boots) in an effort to be more accepted by an untrusting commu- nity. The reasoning for this approach stems from the fact that many Latinos are immigrants from countries where the law enforcement offi- cial is looked upon with distrust and fear. While "EL PROTECTOR" would be seen in plain clothes, he would also make a change into a police uniform so as to remind the viewing public he is a police officer. The "EL PROTECTOR" (or translated "The Protec- tor") image with the nontraditional attire will be seen by the Latino community as a caring and approachable individual. The image is a positive one, portraying a strong masculine character which is impor- tant to the Latino culture. The Illinois Criminal Justice Information Authority provides the fol- lowing growth pattern of the Hispanic population for the following cities: % of.population % of population Hispanic in 1980 Hispanic in 1990 • Addison (Cook/DuPage) 5.8%. 13.4% Aurora (Kane) 17.8% 23.0% Bensenville (Cook) 8.4% 18.8% Carpentersville (Kane) 9.2% 16.7% Cicero (Cook) 8.6% 37.0% - Continued - % of population % of population Hispanic in 1980 Hispanic in 1990 Elgin (Kane) 10.3% 18.9% Melrose Park (Cook) 14.8% 30.2% Mount Prospect (Cook) 2.0% 6.0% Northlake (Cook) 8.3% 16.2% • Prospect Heights (Cook) 5.3% 14.4% Round Lake Beach (Lake) 7.6% 14.3% Stone Park (Cook) 29.8% 58.3% Summit (Cook) 20.0% 31.2% _ Waukegan (Lake) 13.7% 23.7% West Chicago (DuPage) 16.7% 30.5% Wheeling (Cook) 5.5% 8.4% The Elgin Police Department will target the Latino populations in the listed cities, as well as others not mentioned within the five coun- ties. The following counties to be targeted: Cook, DuPage, Kane, Lake and McHenry. Law enforcement and social agencies will be contact- ed in order to stimulate the involvement of local representatives. The Elgin Police Department currently employees 127 sworn officers. 5C. OBJECTIVES 1. Give fifty (50) presentations about the hazards of impaired driving, seatbelt/child restraint laws, and other traffic safety - issues throughout the four county service area. a. An effort to make an equal number of presentations within each county will be made so as to accommodate each given area. b. Presentations may range in length from thirty minutes to more than an hour depending on the audience addressed and the programs designed. 2. Produce and distribute four (4) public service announcements designed for the television market. At least four (4) public service announcements designed for radio will also be produced and distributed to radio stations within the listed areas. All media releases will note that the "EL PROTECTOR" program is funded by the Illinois Department of Transportation, Division of Traffic Safety. 3. Participate in the National Drunk and Drugged Driving Prevention Month observance. 4. - Participate in Child Passenger Safety Week and Buckle Up America Week observances. 5D. METHODS OF PROCEDURE 1. Traffic safety presentations will be given to schools, community and civic groups in Spanish and English by a bilingual officer, utilizing the "EL PROTECTOR" character. Handouts, such as key • chains, posters, and coloring books which have traffic safety tips in Spanish and English, will be printed and distributed upon Illinois Department of Transportation approval and will incorporate the "Drive Smart, Drive Sober" message. In an effort to offer the Latino community continued information about the program, the safety messages and the availability of the program, broad media coverage via television, radio and newspapers will continue throughout the year. For the smooth operation of this project, one full-time officer and one administrative aid/secretary is needed. Once the pro- gram is in full swing, scheduling of appearances, media contact, clerical duties, statistical analysis and translation of program materials would be handled by the support staff. 2. Production and duplication of the PSAs will be subcontracted (see Agreement Conditions E.5. ) with an outside source and com- pleted by April 15, 1994. The Elgin Police Department will distribute copies to Spanish speaking T.V. stations, radio sta- tions, schools, and other public service agencies by June 30, 1994. From a cultural standpoint, the Latino community places an immeasurable amount of importance on associating a visual impression with any message offered. 3. The Elgin Police Department will participate in public informa- tion activities, aimed at informing potential DUI offenders of the hazards of driving after drinking and occupant restraint . laws. This activity will be conducted by the officer at neigh- borhood festivals, expos, or other similar events. 4. In recognition of National Drunk and Drugged Driving Prevention Month (December), the Elgin Police Department will participate in the observance by: a) conducting at least one special event. . These vary from media efforts (press conference, interviews, etc. ) to community observances in churches, schools, businesses, etc. ; b) planning and executing activities which increase public awareness to the prevention of impaired driving; c) providing a list of planned activities by November 7 prior to the scheduled observance; d) reporting the activities conducted by January 15. The Division encourages the Elgin Police Department to •partici- pate in Alcohol Awareness Month (April) and National Collegiate Alcohol Awareness Week (October) . These observances are not traffic safety specific, but can aid in enhancing efforts to combat impaired driving. 5. ' In recognition of Child Passenger Safety Week (normally the second week of February) and Buckle Up America Week (usually the third week of May), the Elgin Police Department will: a) Conduct at least one (1) media event, press conference or multiple-media activity for each campaign and involve key community leaders and/or local activists; b) plan week-long activities for both campaigns that increase public awareness of the issues; c) submit a list of planned activities to the occupant re- straint coordinator for CPS Week by January 15th and for BUA Week by April 22nd; d) submit a report of completed activities to the occupant restraint coordinator for CPS Week and BUA Week two weeks after each campaign. 1994 BUDGET TRAVEL • 2 trips to Springfield • 400 miles x 2 trips x .25/mile = $200 .00 $ 200. 00 • 2 rooms x 2 trips x $50/night = $200.00 $ . 200.00 • 2 persons x 4 days x $24/day = $192 .00 $ 192 .00 • TOTAL $ 592.00 CONTRACTUAL SERVICES • Produce four (4 ) P.S.A.s $ 15,000. 00 • TOTAL $ 15,000.00 • PRINTING • Outside. Printing/Artwork $ 5, 000. 00 • TOTAL $ 5,000.00 PERSONAL SERVICES • Project Coordinator ( 100% - 3,552 . 31/mo salary x 12 mo = $42,627 .72) $ 42,627 .72 • Overtime Allotment ( 16 hrs/mo x 12 mo = 192 hrs x 33 .30 = $6393.60) $ 6,393 .60 • Administrative Aide/Secretary (50% - $2,083. 33/mo x 12 mo = $24,999 .96) $ 12,499 .98 • Social Security • Administrative Aide/Secretary ($12,499 . 98/yr x . 0765 = $956. 25) $ 956.25 • Fringe Benefits • Pension Plan ($3,552 . 31/mo x . 04569% x 12 months = $1, 947. 66) $ 1, 947 . 66 • Medical Insurance • 385.00 x 12 months = $4, 620. 00 $ 4, 620. 00 • Life Insurance • 7 .25 x 12 months = $87 .00 $ 87 .00 • Worker' s Compensation • 3,552 . 31/mo x . 0359 = $127 .52 $ 127 .52 • Liability Insurance • 3,552 . 31/mo x 12 mo x .0254 = $1,082 .74 $ 1,082 . 74 • Unemployment Insurance • 45.00 for year $ 45.00 • Medicare • 3,552 . 31/mo x 12 mo x . 0145 = $618. 10 $ 618. 10 • TOTAL $ 71,005.57 COMMODITIES • Postage $ 1,200. 00 • Office Supplies $ 1,500. 00 • Copies (24, 000 at . 10/copy) $ 2,400.00 • Phone ($100/month x 12 months) $ 1,200. 00 • Video Cassettes for P.S.A.s $ 500. 00 • TOTAL $ 6,800.00 OPER./AUTO/EQUIP. • 10,000 miles x . 25 = $2,500 $ 2,500. 00 • TOTAL $ 2,500.00 • GRAND TOTAL $100,897.57