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HomeMy WebLinkAbout4.6 - 2771 Acceptance of OTS Grant for Selective Traff Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: August 20, 2019 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: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider confirming its participation in and accepting a traffic safety grant for Dublin Police Services from the Office of Traffic Safety - 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 2019 -20 Budget are detailed in the table below. The eligible expenses are limited to reimbursement of Police Services’ overtime costs which are associated with grant program activities; the City will absorb all Sheriff’s Department indirect charges and other administrative costs in the current year budget. There is no matching fund requirement and no financial impact to the General Fund. FISCAL YEAR Expenditure Period Grant Revenue 2019-20 (10/01/2019 - 06/30/2020) $35,000 2020-21 (07/01/2020 - 09/30/2020) $15,000 TOTAL GRANT AWARD: $50,000 Page 2 of 3 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 cove rage. OTS funding is based on the federal fiscal year beginning October 1, 2019. Dublin Police Services has been awarded and has administered similar grants in the past. California OTS recently awarded Dublin Police Services $50,000 to cover overtime co sts, supplies and training. 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 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 DUI checkpoint operations, patrols focused on distracted driving enforcement, nighttime seatbelt/child restraint seat violations and traffic safety education 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 avai lable 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, eight Traffic Enforcement operations, including but not limited to, primar y collision factor violations, four Distracted Driving enforcement operations targeting drivers using hand held cell phones and texting and three Traffic Safety educational presentations with an effort to reach community members. OTS will cover the costs of supplies to conduct two DUI checkpoints as well as additional schooling for one officer to train them in Field Sobriety testing and advanced roadside impaired driving enforcement 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. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. Page 3 of 3 ATTACHMENTS: 1. Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Agreement 2. Exhibit A to the Resolution: OTS STEP Grant Agreement ATTACHMENT 1 RESOLUTION NO. xx - 19 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 July 25, 2019, 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 2019-20 Budget of the award of $50,000 to be made under the STEP Grant; and WHEREAS, the total award for the STEP Grant will span Fiscal Years 2019-20 and 2020-21 as described in the Staff Report presented to the City Council on August 20, 2019; and WHEREAS, the enforcement grant is dedicated to reducing the number of fatal and injury traffic collisions by funding supplemental satur ation patrols 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 July 25, 2019. BE IT FURTHER RESOLVED, that the City Council accepts the grant award of $50,000. PASSED, APPROVED AND ADOPTED this 20th day of August 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk State of California —Office of Traffic Safety GRANT AGREEMENT GRANT NUMB);R PT20038 1. GRANT TITLE Selective Traffic Enforcement Pi•o ram STEP 2. NAME OF AGENCY 3. Grant Period Dublin 4. AGENCY UNIT TO ADMINISTER GRANT From: 10/O1/2019 Dublin Police Department To: 09/30/2020 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 enhanciris the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $50,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A —Problem Statement, Goals and Objectives and Method of Procedure • Schedule B —Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 —Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A —Certifications and Assurances • Exhibit B* — OTS Grant Program Manual ' *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. Annroval Signature. A. GRANT DIRECTOR NAME: Kevin Monaghan TITLE: Sergeant ADDRESS: 100 Civic Plaza Dublin, CA 9456 :org B. AUTHORIZING OFFICIAL OF AGENCY PHONE: (92S) 556-4562 NAME: Garrett Holmes PHONE: is 925-833-6685 FAX: TITLE: Chief of Police FAX: 7• Zs�l9 (Date) C. FISCAL t3'ii'ACCOUNTING OFFICIAL NAME: Laura Jammal PHONE: (92S) 556-4580 TITLE: Administrative Aide FAx: 100 Civic Plaza Dublin, CA 94568 E. ACCOUNTIN'l�O�F[CER OF OFFICE OF TRAFFIC SAFETY NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 ADDRESS: ] 00 Civic Plaza Dublin, CA 94568 EMAIL: gholmes@acgov.org z�� Signature) (D te) D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Randy Weissman PHONE: (916) 509-3030 TITLE; Acting Director FAx: (916) 509-3055 ADDRESS: 2208 Kausen Drive Suite 300 Elk Grove, CA 95758 EMAIL: randy.weissman@ots.ca.gov 9. DUNS INFORMATION DUNS #: 361268063 REGISTERED ADDRESS: 100 Civic Plaza CITY:Dublin ZIP+4:94568-7735 7/25/2019 10:17:2�1 AM Page 1 of 13 l0. PROJECTI+;D I•;XPENDITURES FUND CFDA ITEM%APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT $50,000.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $50,000.00 1 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 OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED ,es $50,000.00 7/25/2019 10:17:21 AM Page 2 of 13 State of California —Office of Traffic Safety GRANT AGREEMENT Schedule A 1. PROBLEM STATEMENT Problem. Statement: The City of Dublin is a city with a residential population of 63,241. The California State Department of Finance ranks the City of Dublin as the fifth fastest growing city by percentage in California over the past year! Dublin is the fastest growing city by percentage in the entire 9-county San Francisco Bay Area. Through a growing light industry, existing retail business, and the planned future retail business, the day -time population of Dublin increases by over 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 have only slightly increased. The Dublin Police Services (DPS) Traffic Unit is staffed with four Traffic Officers and one Sergeant. The gracious support of the California Office of Traffic Safety (OTS) has allowed the DPS Traffic Unit to now effectively staff all seven days of the week. To cover seven days of the week, three days are covered 10 hours out of the 24 hour day. The other 4 days are covered for 12 hours of the 24-hour day. This FY2019 STEP grant will markedly assist the DPS Traffic Unit's ability 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 accident intersections will provide a positive influence on collision 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number 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/drug 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. GRANT NUMBCR PT20038 7/25/2019 10:17:21 AM Page 3 of 13 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, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, 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 suspended or 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 2 (SFST) (minimum 16 hours) POST -certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving 6 Enforcement (ARIDE) 16 hour POST -certified training. 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during 2 the NHTSA Winter Mobilization and I during the Surnmer Mobilization. To enhance the overall deterrent effect and prornote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre approval will OTS find checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 8. Conduct DUI Saturation Patrol operation(s). 10 9. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision 8 factor violations. 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers 4 using hand held cell phones and textin . 11. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 2 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community 3 members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and edestrian safety, seat belts and child passenger safety. 3. METHOD OF PROCEDURE A. Phase 1— Prouam Preparation (111 Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted 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, but no earlier than October 1. If unable to rneet the November 15 date, cornrnunicate reasons to your OTS Coordinator. The kick-off 7/25/2019 10:17:21 AM Page 4 of 13 press releases and any related media advisories, alerts, and materials must be emailed for approval to the OTS Public Information Officer at pio(a�ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. - B. _Phase 2 —Program Operations (Throughout Grant 'Year) The department will work to create media opportunities throughout the. grant period to call attention to the innovative program strategies and outcomes. Media Requirements . • .Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio e.ots.ca. ov, with a copy to your OTS Coordinator. The following requirements are for grant -related activities and are different from those regarding any grant kick-off release or announcement. • If an OTS-supplied, template -based press release is used, there is no need for pre -approval, however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS-supplied 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 days prior to the release distribution date, but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time -valued 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(a�ots.ca.g_ov 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 cr,ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS Coordinator for specifics and format -appropriate logos. • Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from any'of the above requirements might be contemplated 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 ofgrant-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, analvze 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 exnlauation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 7/25/2019 10:17:21 AM � Page 5 of 13 State of California —Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT20038 FUND NUMBER CATALOG NUMBER (CFDA FUND DESCRIPTION TOTAL AMOUNT 164 AL-20 20.608 Minimum Penalties for Repeat $35,000.00 Offenders for. Driving While Intoxicated 402PT-20 20.600 State and Community Highway $15,000.00 Safet ' COST CATEGORY • CFDA TOTAL COST TO GRANT A. PERSONNEL COSTS • Straight time DUI Saturation Patrols 20.608 $14,000.00 Traffic Enforcement 20.600 $5,920.00 Distracted Drivin 20:600 $2,950.00 Ni ht-time Clicic It Or Ticket 20.600 $1,480.00 Traffic Safet Education 20.600 $1,650.00 Overtime DUI/DL Checic oints 20.608 $20,000.00 Category Sub -Total $46,000.00 B. TRAVEL EXPENSES In State Travel 20.600 $3,000.00 $0.00 Category Sub -Total $3,000.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS DUI Checic oint Su lies 20.608 $1,000.00 Category Sub -Total � $1,000.00 F. INDIRECT COSTS $0:00 Category Sub -Total � � $0.00 GRANT TOTAL $50,000.00 7/25/2019 10;17;21 AM Page 6 of 13 State of California —Office of Traffic Safety GRANT AGREEMENT Schedule B-I GRANT NUMBER PT20038 BUDGET NARRATING 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 8 department personnel. Distracted Driving -Overtime for grant -funded law enforcement operations conducted by appropriate 4 department personnel. Night-time Click It Or Ticket -Overtime for grant -funded law enforcement operations conducted by 2 appropriate department personnel. Traffic Safety Education -Overtime for grant -funded law enforcement operations conducted by 3 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 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 -DUI Checkpoint Supplies - on -scene supplies needed to conduct sobriety 1 checkpoints.- Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device 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 bevera es will not be reimbursed. INDIRECT COSTS STATEMENTS/DISC LAIMERS Program Income default statement: There will be no program income generated from this grant. Enforcement Grant Quota Disclaimer: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 7/25/2019 10:17:21 AM Page 7 of 13 State of California —Office of Traffic Safety GRANT AGREEMENT Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS 23 U.S.C. CHAPTER 4 AND SEC.1906,PUB. L.109-59, AS AMENDED GRANT NUMI3CR PT20038 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-t•islc 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,�t•egulatiotls, 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 Pat•t 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govet•nments • 23 CFR Part 1300—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to subrecipietlts as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations t•elating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits tanfair treatment of pet•sons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Fedet•al-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits disct•itnination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pt�b. L. 100-209), (bt•oadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs, or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or riot); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability itr the opet•ation of public entities, public and private transportation systems, places of public accommodation, and cet•tain testing) and 49 CFR parts 37 and 38; 7/25/2019 10:17:21 AM Page 8 of 13 • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency— • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or.activities, so long as any portion of the program is Federally -assisted;. • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; �, • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; ® Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under• these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discriminationlaw or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event acontractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreementsanctrons as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreementuntrl the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs. (a) through (e), in every subcontract and sub agreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. 7/25/2019 10:17:21 AM Page 9 of 13 POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Cercation for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or Tier 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 Co�lgress in connection with the awarding of any Federal contract, the making of any Federal grant, the malting of any.Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of airy Federal contract, grant, loan, or cooperative agreement; . 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is. a prerequisite for malting 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 clot less than $10,000 acid not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certit"ication (States) l . By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below an,d agrees to comply with the requirements of 2 CFR parts 180 and 1200. 7/25/2019 10:17:21 AM Page 10 of 13 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter Iinto this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam. og_v/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 7/25/2019 10:17:21 AM Page 11 of 13 (b) Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a.criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commissions of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within athree-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) ternninated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower.Tier Participant Certification 1. By signing and submitting this proposal, the prospective lover tier participant is providing the certification set out below and agrees to,comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower.tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to .the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. . 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the personto whom this proposal is submitted for assistance in obtaining a copy of those regulations. ' 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared. ineligible, or voluntarily excluded from participation in this covered transaction, unless authorizedby the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled . "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion =Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1.200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant iri a lower tier covered transaction that it is not proposed for debarment under 48 CFR pars 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily. excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award . Management Exclusions website (https://wwwsam. ov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records irn 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. 7/25/2019 10:17:21 AM Page 12 of 13 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CWit tiilCatlon RegardingDebarment, Suspension,Ineligibility and VoluntaryExclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this cet-tification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a .State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced -items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to Subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. LAW ENFORCEMENT AGENCIES All subrecipient law enforcement agencies shall comply with California law regarding profiling.. Penal Code section 13519.4, subdivision (e), defines "racial profiling" as the "practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped." Then, subdivision.(f) of that section goes on to provide, "A law enforcement officer shall not engage in racial profiling." 7/25/2019 10:17:21 AM Page 13 of 13