HomeMy WebLinkAboutPD Traffic Safety Grant Funding____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 09/04/2018
Disposition: Resolution No. 14572
Agenda Item No: 4.i
Meeting Date: September 4, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Scott Eberle, Lieutenant City Manager Approval: ______________
TOPIC: Approval of a traffic safety and enforcement grant through the California Office of Traffic
Safety (OTS).
SUBJECT: RESOLUTION APPROVING USE OF STATE OF CALIFORNIA OFFICE OF TRAFFIC
SAFETY GRANT FUNDS IN THE AMOUNT OF $175,000 FOR THE “SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM” (“STEP”) GRANT FROM OCTOBER 1, 2018 THROUGH
SEPTEMBER 30, 2019, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THE GRANT
RECOMMENDATION: Staff recommends that the City Council approve acceptance of the $175,000
grant from the California Office of Traffic Safety.
BACKGROUND: For the past seventeen years, the Office of Traffic Safety (OTS) of the State of
California has awarded over $2 million dollars in traffic safety grants to the City of San Rafael. These
grants have included the Marin County “Avoid the Marin 13” DUI/ DL campaign, Click it or Ticket grants,
DUI Mini grants, DUI Enforcement and Awareness grants and STEP grants. Each of the grants have
provided critical traffic enforcement and education operations by funding the deployment of officers for
DUI / DL checkpoints, DUI saturation patrols, red light and speed enforcement, seat belt enforcement
and distracted driving enforcement. As of October 1st, 2016, OTS no longer offers the countywide
“Avoid the Marin 13” grants. The only funding available is through the STEP grant program. This
development has greatly reduced our funding for traffic and DUI related enforcement activities. The
San Rafael Police Department (SRPD) currently has two officers assigned full-time to traffic
enforcement. This is down from seven full-time officers in 2007.
ANALYSIS: The project goal of this OTS grant is to reduce the number of persons killed or injured in
vehicle collisions involving alcohol, speed, red light violations and other primary collision factors, by
implementing “best practice” strategies. Enforcement and education have shown to be critical in
reducing vehicle collisions.
The acceptance and implementation of this $175,000 grant is critical to maintain traffic safety levels in
San Rafael as it will provide the necessary resources for traffic enforcement and education operations.
A review of the City of San Rafael collision data from 2017-2018 indicates San Rafael continues to
SAN RAFAEL
THE CITY WITH A MISSION
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
have a high number of injury collisions associated with pedestrians, intoxicated drivers, and unsafe
speeds. San Rafael has had two pedestrian fatalities and 190 injury collisions in the past nine months.
The SRPD encourages patrol and traffic officers to conduct focused enforcement for the purpose of
reducing alcohol, pedestrian, and speed related collisions, however current staffing levels inherently
limit the frequency by which more proactive traffic enforcement efforts can occur because officers are
primarily focused on responding to emergency calls for service.
The goals of the grant are to reduce the number of people injured or killed in collisions, to reduce
alcohol involved collisions, to reduce drug involved collisions, and to reduce the number of hit and run
collisions.
Should the City Council approve this grant, the SRPD will have the resources to implement numerous
enforcement programs including, but not limited to, various safety and awareness campaigns, a
program to identify repeat DUI offenders, and DUI checkpoints. The grant also includes funding for
numerous officer trainings and enforcement operations for distracted driving, motorcycle safety, and
bicycle/pedestrian safety, among others. See attachment 1 for a full list of grant-funded programs.
In addition to these enforcement programs, the grant has allocated $36,000 to purchase an Electronic
Citation Data Collection System. The traffic citation database system will use hand-held devices to
collect citation data electronically in the field, print a violator copy of the citation, and transfer the
information electronically to the Records Management System and the courts for prosecution.
The STEP grant has also allocated $15,500 for a fully equipped changeable message sign trailer with a
radar device and digital display that is portable and fully programmable. The trailer will determine and
display the speed of vehicles or post traffic safety information and messages during STEP funded
operations.
Operations for this grant will be scheduled between October 1, 2018 and September 30, 2019.
The SRPD will report statistics quarterly to the Office of Traffic Safety, the City Council and the general
public. This grant will be evaluated by how well the stated goals and objectives were accomplished.
Nothing in the grant agreement is to be interpreted as a requirement, formal or informal, that a
particular police officer issue a specified or predetermined number of citations in pursuance of the goals
and objectives.
COMMUNITY OUTREACH: A significant aspect of this grant is educating the community and
increasing awareness regarding traffic safety. This will be accomplished through press releases and
the use of social media. The Police Department has 13,700 Twitter and 7,500 Facebook followers, as
well as 1,200 subscribers to press release email notifications.
FISCAL IMPACT: The Grant will be included in the non-general fund revenue for the SRPD. The total
projected cost for this project is as follows:
Category-Eden Expense Code Amount Note(s)
Supplies and Services-07 $51,500 Equipment. (Electronic Citation System and
Message Trailer)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Personnel-08 $120,861
Overtime for captains, lieutenants, sergeants,
corporals, police officers, police service
specialists, dispatchers. records clerks, cadets
Other Elements-99 $2,639 Travel expenses for training classes
Total Projected Cost $175,000
Funding Source
Staff recommends the City Council approve $175,000 for the projects, from the following funding
source(s):
Source Amount Note(s)
State of California, Office of Traffic
Safety $175,000 Selective traffic enforcement program
Total Available Funds $175,000
OPTIONS:
1.Accept the $175,000 in Office of Traffic Safety STEP grant as submitted.
2.Decline to accept the Office of Traffic Safety grant (The OTS grants require the implementation
of all the grant components for funding to be provided).
ACTION REQUIRED: Adopt the Resolution approving the use of the $175,000 from Office of Traffic
Safety Grant Funds, and authorizing the City Manager to execute the Grant Agreement and any other
related documents in a form approved by the City Attorney.
ATTACHMENTS:
1.Resolution
2.List of grant-funded enforcement and community education programs
3.Selective Traffic Enforcement Program (STEP) Grant Agreement
RESOLUTION NO.14572
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE OF
STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN
THE AMOUNT OF $175,000 FOR THE “SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM” (“STEP”) GRANT FROM OCTOBER 1, 2018
THROUGH SEPTEMBER 30, 2019, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS
RELATED TO THE GRANT.
Whereas, the State of California, Office of Traffic Safety granted the City of San
Rafael $175,000 in grant funds for the period of October 1, 2018 through
September 30, 2019; and
Whereas, this grant money may be spent to pay overtime costs, travel and
equipment purchase associated with the Selective Traffic Enforcement Program
(“STEP”) Grant Program to mitigate traffic safety program deficiencies and
expand onging activity; and
Whereas, to improve traffic safety, the San Rafael Police Department will use
the STEP Grant funds to conduct DUI checkpoints and saturation patrols,
distracted driving enforcement, warrant service operations, court stings and
stakeouts on DUI offenders, high collision intersection enforcement, speed
enforcement patrols, and enforcement traffic stops; and
Whereas, the Police Department will use the STEP Grant funds for overtime
personnel costs of Captains, Lieutenants, Sergeants, Corporals, Officers,
Community Service Officers, Dispatchers and Cadets incurred in connection with
the enforcement activities; and
Whereas, the Police Department will use the STEP Grant funds for travel and
training, equipment purchases, and expenses related to the enforcement
activities;
NOW, THEREFORE BE IT RESOLVED, that the City Council approves the use
of $175,000 in California Office of Traffic Safety grant funds for the City’s
“Selective Traffic Enforcement Program” from October 1, 2018 through
September 30, 2019, with funds to be appropriated in the Safety Grant Fund
281, and authorizes the City Manager to execute a Grant Agreement and any
documents related to the Grant in a form approved by the City Attorney.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of
the San Rafael City Council meeting held on September 4, 2018 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: None
___________________________
Lindsay Lara, City Clerk
Attachment 1 – Grant-Funded Enforcement and Community
Educational Programs
1)Issue a press release announcing the kick-off of the grant by November 15, 2018.
2)Participate in the following campaigns:
•National Walk to School Day – October 2018
•National Teen Driver Safety Week – October 2018
•NHTSA Winter Mobilization – December 2018 to January 2019
•National Distracted Driving Awareness Month – April 2019
•National Bicycle Safety Month – May 2019
•National Motorcycle Safety Month – May 2019
•National Click It or Ticket Mobilization – May 2019
•NHTSA Summer Mobilization – August 2019 to September 2019
•National Child Passenger Safety Week – September 2019
•California’s Pedestrian Safety Month – September 2019
3)Develop and maintain a “HOT Sheet” program to notify patrol and traffic officers to
be on the lookout for identified repeat DUI offenders with a suspended or revoked
license as a result of DUI convictions.
4)Send 2 law enforcement officers to the NHTSA Standardized Field Sobriety Testing
(SFST) (minimum 16 hours) POST-certified training.
5)Send 2 law enforcement officers to the NHTSA Advanced Roadside Impaired Driving
Enforcement (ARIDE) 16 hour POST-certified training.
6)Send 1 law enforcement officer to the Drug Recognition Expert (DRE) training.
7)Send 1 law enforcement officers to the DRE Recertification training.
8)Conduct 2 DUI/DL Checkpoints. Note: A minimum of 1 checkpoint should be
conducted during the NHTSA Winter Mobilization and 1 during the NHTSA Summer
Mobilization.
9)Conduct 25 DUI Saturation Patrol operation(s).
10)Conduct 1 Court Sting operation to cite individuals driving from court after having
their driver’s license suspended or revoked.
11)Conduct 2 Warrant Service operations(s) targeting multiple DUI offenders who fail to
appear in court.
12)Conduct 37 Traffic enforcement operation(s), including but not limited to, primary
collision factor violations.
13)Conduct 8 Distracted Driving enforcement operation(s) targeting drivers using hand
held cell phones and texting.
14)Conduct 10 highly publicized Motorcycle Safety enforcement operation(s) in areas or
during events with a high number of motorcycle incidents or collisions resulting from
Attachment 1 – Grant-Funded Enforcement and Community
Educational Programs
unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and
other primary collision factor violations by motorcyclists and other drivers.
15)Conduct 6 Night-Time (1800hrs-0559hrs) Click It or Ticket enforcement operation(s).
16)Conduct 10 highly publicized Pedestrian and Bicycle enforcement operation(s) in
areas of or during events with a high number of pedestrian and/or bicycle collisions
resulting from violations made by pedestrians, bicyclists, and drivers.
17)Conduct 4 Traffic Safety educational presentations with an effort to reach community
members.
State of Californi11 -Office of Traffic S11foty
GRANT AGREEMENT
GRANT NUMBER
PTl9132
1. GRANT TITLE
Selective Traffic Enforcement Pro2ram (STEP)
2. NAME OF AGENCY 3. Grant Period
San Rafael
4. AGENCY UNIT TO ADMINISTER GRANT From: I 0/Ol/2018
San Rafael Police Department To: 09/30/2019
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 A2reement Shall Not Exceed: $175,000.00
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 ond 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(*), o.re 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 Cali forn i11 that we are duly
authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this A~reement has been executed by the parties hereto.
8. Approval Sie:natures
A. GRANT DIRE CTOR B. AUTHORIZING OFF!CIAL OF AGENCY
NAME: Raul Aguilar PH0N!c: (415) 485-3000 NAME : Jim Schutz. PHONE: 415-485-3070
TITLE: Sergeant FAX: (415) 459-2242 TITLE : City Manager FAX: 415-485-3043
ADDRESS: 1400 Fifth Avenue ADDRESS : 1400 Fifth Avenue
San Rafael, CA 9490 I San Rafael , CA 94901
EMAIL : 46D@srpd.org EMAIL : jim.schutz@cityofsnnrnfael.org
(Signature) (Date) (Signature) (Date)
C. FIS CAL OR ACCOUNTING OFFICAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Van Bach PHONE: (415) 458-5001 NAME : Rhonda L. Craft PHONE: (916) 509-3030
TITLE: Accounting Supervisor FAX: (415) 459-2.242 TITLE : Director FAX: (916) 509-305 5
ADDRESS : 1400 Fifth Avenue ADDRESS : 2208 Kau scn Drive, Suite 300
San Rafael, CA 94901 Elk Grove, CA 95758
EMAIL: van.bach@cityofsanrafael.org EMAlL : rhond a.cran.@ots.ca .gov
(Sif{nature) (Date) (Siznarure) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION
NAME : Carolyn Vu DUNS#: 082447459
ADDRESS: 2208 Kauscn Drive, Suite 300 REGISTERED ADDRESS: 1400 Fifth Ave.
Elk Grove , CA 95758 CITY:San Rafael Z1r+4:94901-1943
8/3/2018 3:23:32 PM Page 1 of 16
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
405c TR-19 20.616 0521-0890-10 I 2018 2018 29/18 $36,000 .00
164-AL-l 9 20.608 0521-0890-10 I 2018 2018 29/18 $69,000 .00
402PT-19 20.600 0521-0890-101 2018 2018 29/18 $70,000.00
AGREEMENT $] 75,000.00 TOTAL
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for
$175,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS the currenl budge/ year are available for the period and purpose of the
expenditure stated above . AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOT AL AMOUNT ENCUMBERED TO DATE
SIGNED
16 $175,000.00
8/3/2018 3 :23:32 PM Page 2 of 16
State of California -Office of Traffic Safety
GRANT AGREEMENT
Schedule A
1. PROBLEM STATEMENT
GRANT NuMnER
PT19132
The City of San Rafael is located in Marin County. San Rafael serves as the County Seat and has a population of
approximately 59,237 people. Traffic volume is extremely heavy throughout the city due to several reasons . Business
and commerce bring people into the city from other areas of the Bay Area, the population of San Rafael during the day
swell to well over I 00,000 people. US IO 1 and I-580 intersect in San Rafael, providing a very large volume of traffic
during morning and evening commute hours along with a steady traffic flow during non-commute hours.
The roadway in San Rafael's Downtown area is a large grid pattern. There are multi-lane streets intersecting with other
multi-lane streets, some of which are "one way". Much of the traffic is concentrated in the downtown grid area, which
is congested by on and off-ramps connected northbound and southbound US l O 1, plus eastbound/westbound I-
580. The Golden Gate Transit Center, the largest transit center in Marin County, is also located downtown. In July
2017, the Sonoma Marin Area Rail Transit (SMART Train) began operating 34 daily trains from the Sonoma County
Airport, through Santa Rosa and Petaluma into Downtown San Rafael. The SMART Train station is adjacent to the
Golden Gate Transit Center. SMART Train is conducting further expansion south towards the Larkspur Ferry
Terminal. We have seen an increase in pedestrian traffic in an area that is already heavily congested. This a major
concern for our department due to the fact that there have been numerous fatal and near-fatal collisions involving
pedestrians in this area.
Collision data from the 2016 base year indicated that most of the injury collisions occur due to speed, unsafe turns , and
red light violations. The Department has also struggled to reduce fatal and injury collisions involving pedestrians and
bicyclists.
The Department has encouraged patrol officers and traffic officers for enforcement focused on reducing the alcohol and
speed related collisions, along with increased pedestrian and bicyclist safety. Unfortunately, due to significantly
reduced staffing and recent budget reductions, the routine workload per officer has increased dramatically and the two
officers assigned to traffic enforcement are regularly used for basic patrol staffing. This increase in workload has
resulted in a significant decrease in proactive traffic enforcement by officers.
We also were once the host of the Avoid the Marin 13 county wide DUI/DL enforcement effort. That funding stream
has been eliminated. As such the enforcement efforts (checkpoints and saturation patrols) that were conducted within
the jurisdiction of San Rafael will not occur this coming year. I am asking for additional funding to continue the
enhanced enforcement that was traditionally conducted.
This Strategic Traffic Enforcement Program (STEP) grant would greatly increase this department's ability to employ
enforcement strategies to reduce persons killed or injured in traffic collisions. With a focused enforcement plan
designed through a Strategic Traffic Enforcement Program, this department will be more successful in curbing the
problems associated with intoxicated drivers, red light runners, speeding vehicles, other aggressive driving behavior
and increase pedestrian and bicyclist safety.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic collisions .
2. Reduce the number of persons injured in traffic co II i sions.
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 numher 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 com ho-involved collisions.
8/3/2018 3:23:32 PM Page 3 of 16
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
l. 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 l 4 days orior to the issuance date of the release.
2. Participate and report data (as required) in the following campaigns, National Walk to I
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 1
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 !aw enforcement personnel to the NHTSA Advanced Roadside Impaired Driving 2
Enforcement (ARlDE) 16 hour POST-certified (raining.
6. Send law enforcement personnel to the Drng Recognition Expert (DRE) training. I
7. Send law enforcement personnel to the DRE Recertification training. 1
8. Conduct DUI/DL Checkpoints. A minimum of I checkpoint should be conducted during 2
the NHTSA Winter Mobilization and I 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 ''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 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). 25
10 . Conduct Court Sting operation(s) to cite individuals driving from court after having their 1
driver's license suspended or revoked.
11. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear 2
in court.
12. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision 37
factor violations.
13 . Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers 8
using hand held cell phones and texting.
14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during IO
events with a high number of motorcycle incidents or collisions resulting from unsafe
speed, DUI, following too closely, unsafe lane changes, improper turning, and other
primary collision factor violations by motorcyclists and other drivers.
15 . Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 6
16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or 10
during events with a high number of pedestrian and/or bicycle collisions resulting from
violations made by pedestrians, bicyclists, and drivers.
17. Conduct Traffic Safety educational presentation(s) with an effort to reach community 4
members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed,
bicvcle and pedestrian safety, seat belts and child passenger safety.
3. M£THOD OF PROCEDURE
8/3/2018 3:23:32 PM Page 4 of 16
A. Phase 1-Program Preparation (1 st Quarter of Grant Year)
• The depa1tment 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
I. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off
press releases and any related media advisories, alerts, and materials must be emailed for approval to the
OTS Public lnfonnation Officer at pio@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.Medi a Reg u i rem ents
• 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. 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-ti me would be 1 0 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@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.
• 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 of grant-fonded items, and significant media
activities. Include status of grant-funded personnel, status of contracts, challenges, or special
8/3/2018 3:23:32 PM Page 5 of 16
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 full administrative support, and every effort will be made to continue the grant activities after grant
conclusion.
8/3/2018 3:23:32 PM Page 6 of 16
State of California -Office of Traffic Safety
GRANT AGREEMENT
Schedule B
FUND NUMBER CATALOG NUMBER
(CFDA)
405c TR-19 20.616
164 AL-19 20.608
402PT-l 9 20.600
COST CATEGORY
A. PERSONNEL COSTS
Positions and Salaries
Full-Time
Overtime
Court Stings
Distracted Driving
DUI Saturation Patrols
DUI/DL Checkpoints
Motorcycle Safety
Night-time Click It Or Ticket
Pedestrian and Bicycle Enforcement
Traffic Enforcement
Warrant Service Operations
PT Benefits (@ I .45 %
AL Benefits@), I .45%
Part-Time
Category Sub-Total
B. TRAVEL EXPENSES
In State Travel
Category Sub-Total
C. CONTRACTUAL SERVICES
Category Sub-Total
D. EQUIPMENT
Electronic Citation Data Collection System
Changeable Message Sign Trailer with Radar
Category Sub-Total
E. OTHER DIRECT COSTS
Category Sub-Total
F. INDIRECT COSTS
8/3 /2018 3 :23:32 PM
FUND DESCRIPTION
State Traffic Safety Information
System Improvements
Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
State and Community Highway
Safety
GRANT NUMBER
PT1913l
TOTAL AMOUNT
$36,000.00
$69,000.00
$70,000.00
CFDA TOTAL COST
TO GRANT
$0.00
20.608 $2,720 .00
20.600 $5,760.00
20.608 $36,488.00
20.608 $25,920.00
20.600 $7,200.00
20.600 $4,320.00
20.600 $7,200.00
20.600 $26,640.00
20.608 $2,880.00
20.600 $741 .00
20.608 $992 .00
$0 .00
$120,861.00
20.600 $2,639.00
$0 .00
$2,639 .00
$0.00
$0.00
20.616 $36,000.00
20.600 $15,500.00
$51,500.00
$0.00
$0.00
$0.00
Page 7 of 16
Category Sub-Total I I $0.00
GRANT TOTAL $175,000.00
8/3/2018 3:23;32 PM Page 8 of 16
State or 01lifo rnia -Office of Traffic Safety
GRANT AGREEMENT
Schedule 13-1
PERSONNEL COSTS
BUDGET NARRATIVE
Court Stings -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Distracted Driving -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
DUI Saturation Patrols -Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
DUI/DL Checkpoints -Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Motorcycle Safety -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Night-time Click It Or Ticket -Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Pedestrian and Bicycle Enforcement -Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
Traffic Enforcement -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Warrant Service Operations -Overtime for grant funded law enforcement operations conducted by
appropriate department personnel .
PT Benefits@ 1 .45 % - I .45% Benefits
Medicare 1.45%
AL Benefits@ I .45% - 1 .45% Benefits
Medicare 1 .45%
TRAVEL EXPENSES
In State Travel -Costs are included for appropriate staff to attend conferences and training events
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. Anticipated travel may include Governor's Highway Safety Association (GHSA)
and International Association of Chiefs of Police DRE Conference in Anaheim. A I! 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
Electronic Citation Data Col!ection System - a traffic citation database system, using a hand-held
device, to collect citation data electronically in the field, print a violator copy of the citation, and
transfer the information electronicallv to the agency RMS system and the courts for prosecution. The
8/3/2018 3:23:32 PM
GRANT NUMIJER
PT19132
QUANTITY
I
8
25
2
10
6
10
37
2
1
1
1
l
Page 9 of 16
system will be used by traffic officers to improve the efficiency and accuracy of writing traffic
citations. Costs include the purchase of electronic citation devices, with mag-strip readers, fingerprint
readers, audio recorder, camera, docking/charging station, software, licenses, accessories, training, and
associated shipping and taxes.
Changeable Message Sign Trailer with Radar -fully equipped changeable message sign trailer(s) with a 1
radar device and digital display that is portable and fully programmable and will determine and display
the speed of vehicles or post traffic safety information and messages during OTS funded operations.
Cost includes a device, warranty, software, licenses, accessories, training, and shiooing and taxes.
OTHER DIRECT COSTS
-
INDIRECT COSTS
-
ST A TEM ll:NTS/DISCLAIMERS
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.
8/3/2018 3:23:32 PM Page 10 of 16
State of California -Office or 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 NUMBER
PT19132
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§J8.12.
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-Unifonn Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR Part 1300-Uniform Procedures for State Highway Safety Grant Programs
NONDISCRJMINA TION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating 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. 460 l ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
• Federal-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 discrimination 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, (Pub. L. 100-209), (broadens 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 not);
• Titles II and 111 of the Americans with Disabilities Act ( 42 U.S.C. 12131-12189) (prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing) and 49 CFR parts
37 and 38;
8/3/2018 3:23:32 PM Page 11 of 16
• 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 VJ 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 ofrace, 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-
discrimination law 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 a contractor/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/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the contractor/funding
recipient under the contract/agreement until 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.
8/3/2018 3:23:32 PM Page 12 of 16
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)
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 Fed era\ I oan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all
sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shaJI be subject to a civil
penalty of not I ess than $10,000 and 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 Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
8/3/2018 3:23:32 PM Page 13 of 16
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 into this transaction. lf 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 shal! provide immediate written notice to the depru1ment 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, debannent, 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 wi 11 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 a!! 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 pa1ticipant may, but is not required to, check the System for Award
Management Exclusions website (https://www.sam.gov/).
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
particjpation 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
(I) 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;
8/3/2018 3:23:32 PM Page 14 of 16
(b) Have not within a three-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 commission of any of the offenses enumerated in paragraph (l )(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated 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 lower tier participant is providing the certification set out
below and agrees to comply with the requirements of2 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. !fit 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.
J . 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 person to 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 authorized by 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 1200.
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 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 ti er participants, each participant may, but is not required to, check the System for A ward
Management Exclusions website (https://www.sam.gov/).
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.
8/3/2018 3:23:32 PM Page 15 of 16
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.
Certification Regarding Deb a rm en t, Suspension, Ineligibility and Vol un ta ry Exel usion --Lower Tier
Covered Transactions:
I. 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 certification,
such prospective participant sha!I 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
13 519 .4, subdivision ( e ), defines "racial profi Ii ng" 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."
8/3/2018 3:23:32 PM Page 16 of 16