HomeMy WebLinkAboutItem 4.2 - 1579 Acceptance of Traffic Safety Grant
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STAFF REPORT
CITY COUNCIL
DATE: September 19, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Acceptance of Office of Traffic Safety Grant for the Selective Traffic
Enforcement Program
Prepared by: Matt Farruggia, Lieutenant Dublin Police Services
EXECUTIVE SUMMARY:
The City Council will consider accepting a traffic safety grant for Dublin Police Services
in relation to the City’s participation in the Selective Traffic Enforcement Program. This
grant program supports best practices and strategies to reduce the number of persons
killed and injured in crashes involving alcohol and other primary collision factors.
STAFF RECOMMENDATION:
Adopt the Resolution Confirming City of Dublin Participation in the State of California
Office of Traffic Safety Selective Traffic Enforcement Grant Agreement.
FINANCIAL IMPACT:
New grant funds awarded after the adoption of the Fiscal Year 2017 -18 Budget are
detailed in the Table below. The eligible exp enses are limited to reimbursement of
Police Services’ overtime costs which are associated with grant program activities; the
City absorbs all Sheriff’s Department indirect charges and other administrative costs.
There is no matching fund requirement and no financial impact to the General Fund.
FISCAL YEAR Expenditure Period Grant Revenue
2017-18 (10/01/2017 -
06/30/2018)
$50,000.00
2018-19 (07/01/2018 -
09/30/2018)
$25,000.00
TOTAL GRANT AWARD: $75,000.00
DESCRIPTION:
The California Office of Traffic Safety (OTS) is awarding grant funds for its Selective
Traffic Enforcement Program (STEP), using best practice strategies shown to reduce
traffic collisions and gain favorable media coverage. OTS funding is based on the
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federal fiscal year beginning October 1, 2017. Dublin Police Services has been
awarded and has administered similar grants in the past. California OTS recently
awarded Dublin Police Services $75,000 to cover overtime costs and supplies.
All special traffic enforcement events will fall under the STEP grant. Dublin Police
Services will use STEP grant funds to reimburse overtime expended strategies such as
DUI checkpoints and DUI saturation patrols. This program will also 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.
There will also be enforcement patrols focused on motorcycle DUI enforcement, traffic
enforcement, distracted driving enforcement, motorcycle enforcement, nighttime
seatbelt/child restraint seat violations and bicycle/pedestrian safety enforcement
operations. Each of these traffic operations will be conducted to make the streets of
Dublin safer for all pedestrians and motorists. The STEP grant will seek voluntary
compliance of traffic laws by generating publicity throughout the one-year grant period.
OTS will cover all costs associated with the overtime for enforcement programs for the
full grant period. After conducting an evaluation of available resources and developing
a deployment strategy during this period, Dublin Police Services requested and was
awarded funding for two DUI checkpoints, 10 DUI saturation patrols, seven Traffic
Enforcement operations, including but not limited to, primary collision factor violations,
six Distracted Driving enforcement operations targeting drivers using hand held cell
phones and texting, two highly publicized pedestrian and/or bicycle enforcement
operations in areas or during events with a high number of pedestrian and/or bicycle
collisions resulting from violations made by pedestrians, bicyclists and drivers, and two
Traffic Safety educational presentations with an effort to reach community members.
OTS will cover the costs of supplies to include but not limited to: a light tower/trailer to
be used to illuminate checkpoints, checkpoint supplies, office supplies, education
material, as well as additional schooling for officers to train them in Field Sobriety
testing, advanced roadside impaired driving enforcement training, Drug Recognition
Expert training and recertification training.
Overtime funding will include supervisor, officer and clerical positions. Staffing varies
depending on the enforcement detail being worked. There is no matching fund
requirement for this grant. See Exhibit “A” for goals and objectives and budget sections
of the Grant Agreement describing agreement of allotted funds.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Confirming City of Dublin Participation in the State of California Office of
Traffic Safety Selective Traffic Enforcement Grant Agreement
2. Exhibit A to the Resolution: OTS STEP Grant Agreement
ATTACHMENT 1
RESOLUTION NO. xx - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
CONFIRMING CITY OF DUBLIN PARTICIPATION IN THE STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT GRANT AGREEMENT
WHEREAS, injuries and fatalities resulting from traffic collisions are frequently caused by
preventable factors such as driver impairment; and
WHEREAS, On August 24, 2017, a Grant Agreement with the State of California Office of
Traffic Safety was signed to conduct a multi-year Selective Traffic Enforcement Program (STEP); and
WHEREAS, the City was advised after the adoption of the Fiscal Year 2017-18 Budget of the
award of $75,000 to be made under the STEP Grant; and
WHEREAS, the total award for the STEP Grant will span Fiscal Years 2017-18 and 2018-19
as described in the Staff Report presented to the City Council on September 19, 2017; and
WHEREAS, the enforcement grant is dedicated to reducing the number of fatal and injury
traffic collisions by funding supplemental saturation patrols and DUI checkpoints, as well as providing
for additional public safety awareness activities; and
WHEREAS, the City Council of the City of Dublin has agreed DUI enforcement , distracted
driving enforcement, seat belt enforcement, and awareness are important elements in improving
overall public safety.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin confirms
the Grant Agreement with the State of California Office of Traffic Safety attached hereto as Exhibit A
and executed on August 24, 2017.
BE IT FURTHER RESOLVED, that the City Council accepts the grant award of $75,000.
PASSED, APPROVED AND ADOPTED this 19th day of September 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
State of California — Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT18037
1. GRANT TrME
Selective Traffic Enforcement Program STEP
2. NAME OF AGENCY
3. Grant Period
Dublin
From: 10/01/2017
4. AGENCY UNrr To ADmpmTER GRANT
Dublin Police Department
To: 09/30/2018
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving
alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement,
enforcement operations focusing on primary collision factors, distracted driving, night -time seat belt enforcement,
special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high
number of bicycle and pedestrian collisions, and educational programs. These strategies are designed to earn media
attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $75,000.00
7. TERMS AND CONDmoNS: The parties agree to comply with the terms and conditions of the following which are by this
reference made a part of the Agreement:
• Schedule A — Problem Statement, Goals and Objectives and Method of Procedure
• Schedule B — Detailed Budget Estimate and Sub - Budget Estimate (if applicable)
• Schedule B -1— Budget Narrative and Sub - Budget Narrative (if applicable)
• Exhibit A — Certifications and Assurances
• Exhibit B* — OTS Grant Program Manual
*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. AUTHORIZING OFFICIAL of DEPARTMENT B. AUTHORIZING OFFICIAL of OFFICE OF TRAFFIC SAFETY
NAtm: Dennis Houghtelling PHONE: (925) 833 -6685 NAME: Rhonda L. Craft PHONE: (916) 509 -3030
nom: Chief of Police FAX: TW,E: Director FAX: (916) 509 -3055
ADDRESS: 100 Civic Plaza ADDRESS: 2208 Kausen Drive, Suite 300
Dublin, CA 94568 Elk Grove, CA 95758
dhoughtelling gov.org EmAru rhonda.craft@ots.ca.gov
(Dat) (Signature) (Date)
C. ACCOUNTING OFFICER of OFFICE of TRAFFIC SAFETY
9. DUNS.NUMBER
DUNS #: 361268083
NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
REGISTERED ADDRESS: 100 Civic Plaza
Elk Grove, CA 95758
CITY: Dublin
I ZIP +4: 94568 -7735
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10. PROJECTED
EXPENDITURES
PROJECTED
FUND
CFDA
ITEM/APPROPRIATION
F.Y.
CHAPTER
STATUTE
EXPENDITURES
402PT -18
20.600
0521- 0890 -101
2016
2016
23/16
$5,000.00
164 -AL -18
20.608
0521- 0890 -101
2016
2016
23/16
$10,000.00
402PT -18
20.600
0521- 0890 -101
2017
2017
14/17
$20,000.00
164 -AL-18
20.608
0521- 0890 -101
2017
2017
14/17
$40,000.00
AGREEMENT
$75,000.00
TOTAL
AMOUNT ENCUMBERED BY
$75,000.00
THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for
the current budget year are available for the period and purpose of the
PRIOR AMOUNT ENCUMBERED FOR THIS
expenditure stated above.
AGREEMENT
$ 0.00
ACCOUNTING OFFICER'S SIGNATURE
DATE
TOTAL AMOUNT ENCUMBERED TO DATE
SIGNED
$75,000.00
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- - - -
State of California — Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT18037
Schedule A
1. PROBLEM STATEMENT
The City of Dublin is a city with a residential population of 53,000. Due to the light industry, existing retail business,
and the planned future retail business, the day time population increases by 85 %.
The City of Dublin currently has 116 miles of roadway that is used by approximately 115,000 vehicles on an average
day. There are four major roadways thru Dublin which carry a high volume of the traffic during all hours from
neighboring Contra Costa County, which is growing in population as fast, if not faster, than Dublin. Dublin is bordered
on the south by Interstate 580 and on the west with Interstate 680 running north and south thru Dublin. Due to the
increasing volume of traffic, collisions are on the rise while staffing levels stay the same.
The Dublin Police Traffic Unit is staffed with three Traffic Officers and one Sergeant. The Traffic Unit can only
effectively staff six out of the seven days of the week. Sunday is the day there is no Traffic Unit assigned. To cover six
days of the week, two days are covered 10 hours out of the 24 hour day. The other 4 days are covered for 12
hours. With the assistance of this grant, the Traffic Unit will be able to aggressively address driving problems during
the hours which it most occurs. The Traffic Unit will also be able to address other major collision causing
violations. The normal day to day Traffic Unit objectives will be able to continue without interruption.
Dublin's proposed Selective Traffic Enforcement Program (STEP), in conjunction with our established Community
Oriented Policing philosophy, will assist the Police Services to educate the public on traffic laws, seat belt and DUI
awareness. This effort, coupled with aggressive enforcement in the areas of aggressive drivers, pedestrian safety, red
light running, and high collision intersections will provide a positive influence on collision prevention.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the numbef of persons killed in traffic collisions.
2. Reduce the number of persons injured in traffic collisions.
3. Reduce the number of pedestrians killed in traffic collisions.
4. Reduce the number of pedestrians injured in traffic collisions.
5. Reduce the number of bicyclists killed in traffic collisions.
6. Reduce the number of bicyclists injured in traffic collisions.
7. Reduce the number of persons killed in alcohol - involved collisions.
8. Reduce the number of persons injured in alcohol - involved collisions.
9. Reduce the number of persons killed in drug- involved collisions.
10. Reduce the number of persons injured in drug- involved collisions.
11. Reduce the number of persons killed in alcohol/drug combo - involved collisions.
12. Reduce the number of persons injured in alcohol/chug combo - involved collisions.
13. Reduce the number of motorcyclists killed in traffic collisions.
14. Reduce the number of motorcyclists injured in traffic collisions.
15. Reduce hit & run fatal .collisions.
16. Reduce hit & run injury collisions.
17. Reduce nighttime (2100 - 0259 hours) fatal collisions.
18. Reduce nighttime (2100 - 0259 hours) injury collisions.
B. Objectives:
Target Number
1. Issue a press release announcing the kick -off of the grant by November 15. The kick -off
1
press releases and media advisories, alerts, and materials must be emailed to the OTS
Public Information Officer at pio @ots.ca.gov, and copied to your OTS Coordinator, for
approval 14 days prior to the issuance date of the release.
2. Participate and report data (as required) in the following campaigns, National Walk to
10
School Day, NHTSA Winter & Summer Mobilization, National Bicycle Safety Month,
National Click it or Ticket Mobilization, National Teen Driver Safety Week, National
Distracted Driving Awareness Month, National Motorcycle Safety Month, National Child
Passenger Safety Week, and California's Pedestrian Safety Month.
3. Develop (by December 31) and/or maintain a " HOT Sheet" program to notify patrol and
12
traffic officers to be on the lookout for identified repeat DUI offenders with a sus ended or
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revoked license as a result of DUI convictions. Updated HOT sheets should be distributed
to patrol and traffic officers monthly.
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing
4
(SFST) (minimum 16 hours ) POST - certified training.
5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving
2
Enforcement (ARIDE) 16 hour POST - certified training.
6. Send law enforcement p ersonnel to the Drug Recognition Ex ert (DRE) training.
1
7. Send law enforcement personnel to the DRE Recertification training.
1
8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during
2
the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the
overall deterrent effect and promote high visibility, it is recommended the grantee issue an
advance press release and conduct social media activity for each checkpoint. For
combination DUI/DL checkpoints, departments should issue press releases that mention
DL`s will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should
read "DUUDriver's License Checkpoint Ahead." OTS does not fund or support
independent DL checkpoints. Only on an exception basis and with_OTS pre - approval will
OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint
screeners should be DRE- or ARIDE- trained.
9. Conduct DUI Saturation Patrol operation(s).
33
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision
7
factor violations.
11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers
6
using hand held cell phones and textin .
12. Conduct Nighttime (1800 -0559) Click It or Ticket enforcement operations.
1
13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or
2
during events with a high number of pedestrian and/or bicycle collisions resulting from
violations made by pedestrians, bicyclists, and drivers.
14. Conduct Traffic Safety educational presentations with an effort to reach community
2
members. Note: Presentations may include topics such as distracted driving, DUI, speed,
bicycle and pedestrian safety, seat belts and child passenger safety.
3. METHOD OF PROCEDURE
A. Phase 1— ProLyram Preparation (1St Quarter of Grant Year)
• The police department will develop operational plans to implement the "best practice" strategies outlined
in the objectives section.
• All training needed to implement the program should be conducted this quarter.
• All grant related purchases needed to implement the program should be made this quarter.
• In order to develop /maintain the "Hot Sheets," research will be conducted to identify the "worst of the
worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot
Sheets may include the driver's name, last known address, DOB, description, current license status, and the
number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and
patrol officers at least monthly.
• Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision
locations.
Media Requirements
• Issue a press release announcing the kick -off of the grant by November 15. The kick -off press releases and
media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at
pio @ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
B. Phase 2 — Program Operations (Throughout Grant Year)
• The police department will work to create media opportunities throughout the grant period to call attention
to the innovative program strategies and outcomes.
Media Requirements
• Send all grant - related activity press releases, media advisories, alerts and general public materials to the
OTS Public Information Officer (PIO) at pio @ots.ca.gov, with a copy to your OTS Coordinator.
• If an OTS template-based press release is used, the OTS PIO and Coordinator should be copied
8/21/2017 9:08:32 AM rage 4 of 11
when the release is distributed to the press. If an OTS template is not used, or is substantially
changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would
be 10 -20 days prior to the release date to ensure adequate turn - around time.
• Press releases 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
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.
• 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.
• Email the OTS PIO at pio @ots.ca.gov 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 sufficient notice to
arrange for attendance and/or participation in the event.
• Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer
graphics, etc.) to the OTS PIO at pio @ots.ca.gov and copy your OTS Coordinator for approval 14 days
prior to the production or duplication.
• Include the OTS logo, space permitting, on grant - funded print materials; consult your OTS Coordinator for
Specifies.
C. Phase 3 — Data Collection & Reporting (Throughout Grant Year)
• Invoice Claims (due January 30, April 30, July. 30, and October 30)
• Quarterly Performance Reports (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
• Provide a brief list of activity conducted, procurement of grant - funded items, and significant media
activities. Include status of grant - funded personnel, status of contracts, challenges, or special
accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the
fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's
accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives
were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program,has fall administrative support, and every effort will be made to continue the grant activities after grant
conclusion.
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State of California — Office of Traffic Safety GRANT NUAMER
GRANT AGREEMENT PTIS037
Schedule B
FUNI>NUIVIBER
CATALOGNUIvIBER
(CFDA)
FUND' DESCRIPTION
- ToTALAMOrn1T
402PT
20.600
State and Community Highway
$25,000.00
20.608
$24,000.00
Safety
20.608
164AL
20.608
Minimum Penalties for Repeat
$50,000.00
Distracted Driving
20.600
Offenders for Driving While
Night-time Click It Or Ticket
20.600
$1,440.00
Intoxicated
20.600
- `.COST'.CAPEGORY
-
CFDA
- TOTr�l rOOST`
TO> GRANT
A. PERSONNEL COSTS
Positions and Salaries
Full -Time
$0.00
Overtime
DUI/DL Checkpoints
20.608
$24,000.00
DUI Saturation Patrols
20.608
$14,400.00
Traffic Enforcement
20.600
$10,080.00
Distracted Driving
20.600
$8,640.00
Night-time Click It Or Ticket
20.600
$1,440.00
Pedestrian and Bicycle Enforcement
20.600
$2,880.00
Part-Time
$0.00
Category Sub -Total
$61,440.00
B. TRAVEL EXPENSES
In State Travel
20.600
$1,960.00
$0.00
Category Sub -Total
$1,960.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub -Total
$0.00
D. EQui mENr
$0.00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
20.608
$9,600.00
PAS Device /Calibration Supplies
20.608
$2,000.00
Category Sub -Total
$11,600.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $75,000.00
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B -1
GRANT NUMBER
PT18037
BUDGET NARRATIVE
PERSONNEL COSTS
QUANTITY
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by
2
appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by
10
appropriate department personnel.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate
7
department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate
6
department personnel.
Night -time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by
1
appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations
2
conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events
1
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. Anticipated travel may include (enter other known conferences or required
events). All conferences, seminars or training not specifically identified in the Schedule B -1 (Budget
Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per
Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS
grant funds.
CONTRACTUAL SERVICES
EQUIPMENT
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may
1
include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests
(maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective
banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti- fatigue mats, and
canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages
will not be reimbursed.
PAS Device /Calibration. Supplies - Preliminary alcohol screening device to detect the presence of
2
alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth
feces, gas and accessories.
INDIRECT COSTS
STATEMENTS/DISCLAIMIERS
There will be no program income generated from this grant.
Nothing in this 'agreement' shall be interpreted as a requirement, formal or informal, that a particular law enforcement
officer issue a specified or 2redetermined number of citations in pursuance of the goals and objectives.
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State of California – Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT18037
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:
• 23 U.S.C. Chapter 4— Highway Safety Act of 1966, as amended
• 49 CFR Part 18— Uniform Administrati ve Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR Part 1200 — Uniform Procedures for State Highway Safety Grant Programs
NONDISCREMNATION
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 (Pub. L. 88- 352), 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 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of
disabilities (and 49 CFR Part 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 (Pub. L. 100 -259), which
requires Federal -aid recipients and all sub - recipients to prevent discrimination and ensure nondiscrimination in all of their
programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), 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 (Pub. L. 91 -616), 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 VIII 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 statutes) 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.
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 (HA.TCHACT)
The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508) which limits the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
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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, sub - grants, and contracts under grant, loans, and cooperative agreements)
and that all sub - recipients shall'certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
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 REGARDINGDEBARMENT 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 Grant Agency Official 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.
5. 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
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is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency
entering into this transaction.
7. The 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 fist 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.
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.
5. 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
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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 farther 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.
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.
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