HomeMy WebLinkAbout9/6/2017 - STAFF REPORTS - 1.Q. �OQ Q A L M sA4
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c4`'F°AN�P CITY COUNCIL STAFF REPORT
DATE: September 6, 2017 CONSENT AGENDA
SUBJECT: ACCEPTANCE OF $130,000 IN GRANT FUNDING FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM (STEP) TO BE USED TO
ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC.
FROM: David Ready, City Manager
BY: Palm Springs Police Department
SUMMARY
It is recommended that the City Council authorize the City Manager to accept $130,000
in OTS grant funding for the Police Department to utilize for a Selective Traffic
Enforcement Program. The grant funds will be used to conduct DUI checkpoints, DUI
saturation patrols, distracted driving patrols, primary collision factor patrols, bicycle and
pedestrian safety patrols and motorcycle safety patrols. The grant funds will also be
used to purchase a speed radar trailer, electronic ticket writers and hand held
Laser/LIDAR devices.
RECOMMENDATION:
1. Accept $130,000 in grant funding from the California Office of Traffic Safety for a
Selective Traffic Enforcement Program (STEP) for 2017/2018.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Police Department rigorously enforces DUI laws by conducting DUI checkpoints
and saturation patrols. The Police Department enforces speed and red light violations
by conducting operations at intersections and streets with disproportionate numbers of
traffic collisions. The Police Department also enforces distracted driving laws by
conducting focused enforcement operations for these violations. These projects are
labor intensive and thus expensive. The Police Department plans to conduct 103
special enforcement operations during this grant period.
ITEM NO. i Q
City Council Staff Report
August 16, 2016 -- Page 2
Accept$110,000 in OTS Grant Funding 2016-2017
The Police Department has been successful in obtaining grant funding to pay for the
personnel and training costs for these programs. The Police Department was able to
successfully solicit OTS grant funding for this community safety project and was
awarded $130,000 in grant funding.
The grant period for this Selective Traffic Enforcement Program is between October 1,
2017 and September 30, 2018.
FISCAL IMPACT:
There is no fiscal impact and this is a reimbursable cost grant program. No matching
funds are required to obtain this grant funding.
Bryan Reyes, Po ce Chief
David H. Ready, Ci ager
Attachments:
OTS STEP Grant Agreement PT18110
02
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT18110
1. GRANT TITLE
Selective Traffic Enforcement Program STEP
2. NAME OF AGENCY 3. Grant Period
Palm Springs
4. AGENCY UNIT TO ADMINISTER GRANT From: 10/01/2017
Palm Springs Police Department To: 09/30/2018
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving
alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement,
enforcement operations focusing on primary collision factors, distracted driving, night-time seat belt enforcement,
special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high
number of bicycle and pedestrian collisions, and educational programs.These strategies are designed to earn media
attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $130,000.00
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.eov.
We,the officials named below,hereby swear under penalty of perjury under the laws of the State of California that we are duly
authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. AUTHORIZING OFFICIAL OF DEPARTMENT B. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: David Ready PHONE: 760-323-8201 NAME: Rhonda L.Craft PHONE: (916)509-3030
TITLE: City Manager FAx: 760-323-8207 TITLE: Director FAx: (916)509-3055
ADDRESS: 3200 E.Tahquitz Canyon Way ADDRESS: 2208 Kausen Drive,Suite 300
Palm Springs,CA 92262 Elk Grove,CA 95758
EMAIL: david.readygpalmspringsca.gov EMAIL: rhonda.craftgots.ca.gov
(Signature) (Date) (Signature) (Date)
C. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS NUMBER
NAME: Carolyn Vu DUNS#:072522006
ADDRESS`. 2208 Kausen Drive,Suite 300 REGISTERED ADDRESS:200 S. Civic Drive
Elk Grove,CA 95758 CITY:Palm Springs ZIP+4:92262-7201
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
402PT-18 20.600 0521-0890-101 2016 2016 23/16 $14,000.00
164-AL-18 20.608 0521-0890-101 2016 2016 23/16 $12,000.00
402PT-18 20.600 0521-0890-101 2017 2017 14/17 $56,000.00
164-AL-18 20.608 0521-0890-101 2017 2017 1 14/17 $48 000.00
AGREEMENT $130,000.00
TOTAL
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFYupon my own personal knowledge that the budgeted funds for $130,000.00
the current budget year are available for the period and purpose of the PRIOR AMOUNT ENCUMBERED FOR THIS
expenditure stated above. AGREEMENT
$0.00
ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE
SIGNED
zs $130,000.00
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State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT18110
Schedule A
1. PROBLEM STATEMENT
The Palm Springs Police Department is comprised of approximately 94 sworn police officers. There are four motor
officers,one detective and a sergeant currently assigned to the Traffic Division. The City of Palm Springs is a vacation
destination with dramatic fluctuations in population throughout the year.The numbers of personnel assigned to the
Traffic Division stays the same throughout the year even as the population nearly doubles during the vacation season.
Officers assigned to the Traffic Division handle a majority of the reported traffic collisions and are responsible for
approximately 90%of all citations that are issued.
In 2014,the City of Palm Springs was ranked#14 out of 89 jurisdictions in the County of Riverside(Group D) for
alcohol-involved fatal or injury traffic collisions by the California Office of Traffic Safety. In 2013,the City was
ranked#4 out of 92 jurisdictions in the County of Riverside(Group D)for alcohol-involved fatal or injury traffic
collisions by the California Office of Traffic Safety.
Between October 1,2015 and September 30,2016,we had eleven(11) fatal traffic collisions,with a total of eleven
(11)people killed.The Palm Springs Police Department investigated 342 injury traffic collisions, a 20%increase from
the previous federal fiscal year. Of the 342 injury traffic collisions,498 people were injured. The top three primary
collision factors(PCF's)were: 1) 22350 CVC;2) 21801(a); and 3) 23152 CVC. Two-hundred-forty two(242) (69%)
of the combined 353 injury and fatal traffic collisions occurred at intersections, 34(10%)involved pedestrians, 20 (6%)
involved motorcyclists,and 17(5%)involved bicyclists. There were a total of 90 DUI attributed traffic collisions
resulting in 48 injuries and 2 fatalities. Officers conducted DUI enforcement(from OTS DUI saturation patrols,DUI
checkpoints, proactive enforcement, DUI traffic collisions,and response to calls)and made 267 total DUI arrests.
Between October 1,2014 and September 30, 2015, we had nine(9)fatal traffic collisions, with a total of eleven (11)
people killed. The Palm Springs Police Department investigated 285 injury traffic collisions, a 15% increase from the
previous federal fiscal year. Of the 285 injury traffic collisions,413 people were injured. The top three primary
collision factors(PCF's)were: 1)21658(a)CVC; 2)23152(a)CVC; and 3)22350 CVC.Two-hundred-nine(209)
(71%)of the combined 294 injury and fatal traffic collisions occurred at intersections, 17(5%) involved pedestrians, 20
(7%) involved motorcyclists, and 10 (3%)involved bicyclists. There were a total of 92 DUI attributed traffic collisions
resulting in 31 injuries and 2 fatalities. Officers conducted DUI enforcement(from OTS DUI saturation patrols, DUI
checkpoints, proactive enforcement,DUI traffic collisions,and response to calls)and made 260 total DUI arrests.
Between October 1, 2013 and September 30,2014,we had six(6) fatal traffic collisions,with a total of eight(8)people
killed. During the same time period,the Palm Springs Police Department investigated 248 injury traffic collisions
which resulted in 387 total injured persons.Two-hundred-twenty-seven(227)(89%) of the combined 254 injury and
fatal traffic collisions occurred at intersections,23 (9%)involved pedestrians and 16(6%) involved motorcyclists.
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.
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16. Reduce hit&run injury collisions.
17. Reduce nighttime(2100 -0259 hours)fatal collisions.
18. Reduce nighttime(2100-0259 hours)injury collisions.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off I
press releases and media advisories, alerts, and materials must be emailed to the OTS
Public Information Officer at pio@ots.ca.gov,and copied to your OTS Coordinator, for
approval 14 days prior to the issuance date of the release.
2. Participate and report data(as required) in the following campaigns,National Walk to 10
School Day,NHTSA Winter& Summer Mobilization,National Bicycle Safety Month,
National Click it or Ticket Mobilization,National Teen Driver Safety Week, National
Distracted Driving Awareness Month,National Motorcycle Safety Month,National Child
Passenger Safety Week, and California's Pedestrian Safety Month.
3. Develop(by December 31)and/or maintain a" HOT Sheet" program to notify patrol and 12
traffic officers to be on the lookout for identified repeat DUI offenders with a 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 2
Enforcement(ARIDE) 16 hour POST-certified training.
6. Send law enforcement personnel to the Drug Recognition Expert(DRE)training. 1
7. Send law enforcement personnel to the DRE Recertification training. 1
8. Conduct DUI/DL Checkpoints.A minimum of 1 checkpoint should be conducted during 7
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 ABIDE-trained.
9. Conduct DUI Saturation Patrol operation(s). 32
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision 40
factor violations.
11. Conduct highly publicized Distracted Driving enforcement operation(s)targeting drivers 4
using hand held cell phones and texting.
12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during 4
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.
13. Conduct Nighttime(1800-0559)Click It or Ticket enforcement operations. 4
14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s)in areas or 12
during events with a high number of pedestrian and/or bicycle collisions resulting from
violations made by pedestrians,bicyclists, and drivers.
15. Conduct Traffic Safety educational presentations with an effort to reach community 2
members.Note: Presentations may include topics such as distracted driving,DUI, speed,
bicycle and pedestrian safety,seat belts and child passenger safety.
3. METHOD OF PROCEDURE
A. Phase 1—Proeram Preparation(1"Quarter of Grant Year)
• The police department will develop operational plans to implement the"best practice" strategies outlined
in the objectives section.
• All training needed to implement the program should be conducted this quarter.
• All grant related purchases needed to implement the program should be made this quarter.
• In order to develop/maintain the"Hot Sheets,"research will be conducted to identify the"worst of the
worst"repeat DUI offenders with a suspended or revoked license as a result of DUI convictions.The Hot
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Sheets may include the driver's name,last known address,DOB, description, current license status, and the
number of times suspended or revoked for DUI.Hot Sheets should be updated and distributed to traffic and
patrol officers at least monthly.
• Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision
locations.
• Media Requirements
• Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and
media advisories,alerts, and materials must be entailed to the OTS Public Information Officer at
pio@ots.ca.gov, and copied to your OTS Coordinator,for approval 14 days prior to the issuance date of the
release.
B. Phase 2—Program Operations(Throughout Grant Year)
• The police department will work to create media opportunities throughout the grant period to call attention
to the innovative program strategies and outcomes.
• Media Requirements
• Send all grant-related activity press releases,media advisories, alerts and general public materials to the
OTS Public Information Officer(PIO)at pio@ots.ca.gov,with a copy to your OTS Coordinator.
• If an OTS template-based press release is used,the OTS PIO and Coordinator should be copied
when the release is distributed to the press. If an OTS template is not used, or is substantially
changed,a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would
be 10-20 days prior to the release date to ensure adequate turn-around time.
• Press releases reporting the results of grant activities such as enforcement operations are exempt
from the recommended advance approval process, but still should be copied to the OTS PIO and
Coordinator when the release is distributed to the press.
• Activities such as warrant or probation sweeps and court stings that could be compromised by
advanced publicity are exempt from pre-publicity,but are encouraged to offer embargoed media
coverage and to report the results.
• Use the following standard language in all press,media, and printed materials: Funding for this program
was provided by a grant from the California Office of Traffic Safety,through the National Highway Traffic
Safety Administration.
• Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short
description of any significant grant-related traffic safety event or program so OTS has sufficient notice to
arrange for attendance and/or participation in the event.
• Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts, artwork,trailer
graphics, etc.)to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval 14 days
prior to the production or duplication.
• Include the OTS logo, space permitting, on grant-funded print materials; consult your OTS Coordinator for
specifics.
C. Phase 3—Data Collection & Reporting (Throughout Grant Year)
• Invoice Claims(due January 30,April 30,July 30, and October 30)
• Quarterly Performance Reports(due January 30,April 30,July 30, and October 30)
• Collect and report quarterly,appropriate data that supports the progress of goals and objectives.
• Provide a brief list of activity conducted,procurement of grant-funded items,and significant media
activities. Include status of grant-funded personnel,status of contracts, challenges, or special
accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant,the Grant Director will complete the"Final Evaluation"section in the
fourth/final Quarterly Performance Report(QPR). The Final Evaluation should provide a brief summary of the grant's
accomplishments,challenges and significant activities.This narrative should also include whether goals and objectives
were met,exceeded,or an explanation of why objectives were not completed.
E
INISTRATIVE SUPPORT
ramhas full administrative support, and every effort will be made to continue the grant activities after grant
n.
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State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT18110
Schedule B
FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT
(CFDA)
164AL 20.608 Minimum Penalties for Repeat $60,000.00
Offenders for Driving While
Intoxicated
402PT 20.600 State and Community Highway $70,000.00
Safety
COST CATEGORY CFDA TOTAL COST
TO GRANT
A. PERSONNEL COSTS
Positions and Salaries
Full-Time
$0.00
Overtime
DUl/DL Checkpoints 20.608 $35,000.00
DUI Saturation Patrols 20.608 $19,200.00
Traffic Enforcement 20.600 $24,000.00
Motorcycle Safety 20.600 $2,400.00
Night-time Click It Or Ticket 20.600 $2,400.00
Distracted Driving 20.600 $2,400.00
Pedestrian and Bicycle Enforcement 20.600 $7,200.00
Traffic Safety Education 20.600 $2,000.00
Part-Time
$0.00
Category Sub-Total $94,600.00
B. TRAVEL EXPENSES
In State Travel 20.600 $2,400.00
$0.00
Category Sub-Total $2,400.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Radar Traiter 20.600 $10,000.00
Category Sub-Total $10,000.00
E. OTHER DIRECT COSTS
Lidar Device 20.600 $9,200.00
Handheld Citation Data Collection Devices 20.600 $8,000.00
DUI Checkpoint Supplies 20.608 $5,800.00
Category Sub-Total $23,000.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $130,000.00
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a $
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PTIS110
Schedule B-1
BUDGET NARRATIVE
PERSONNEL COSTS QUANTITY
DUUDL Checkpoints-Overtime for grant funded law enforcement operations conducted by 7
appropriate department personnel.
DUI Saturation Patrols-Overtime for grant funded law enforcement operations conducted by 32
appropriate department personnel.
Traffic Enforcement-Overtime for grant funded law enforcement operations conducted by appropriate 40
department personnel.
Motorcycle Safety-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 4
appropriate department personnel.
Distracted Driving-Overtime for grant funded law enforcement operations conducted by appropriate 4
department personnel.
Pedestrian and Bicycle Enforcement-Overtime for grant funded law enforcement operations 12
conducted by appropriate department personnel.
Traffic Safety Education-Overtime for grant funded traffic safety presentations or campaigns 2
conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel -Costs are included for appropriate staff to attend conferences and training events 1
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. All conferences, seminars or training not specifically identified in the Schedule
B-1 (Budget Narrative)must be approved by OTS. All travel claimed must be at the agency approved
rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid
with OTS grant funds.
CONTRACTUAL SERVICES
EQUIPMENT
Radar Trailer-Trailer with radar to measure and display the speed of vehicles. Costs may include 1
trailer,computer software, and modifications such as generator,paint,graphics and lighting.
OTHER DIRECT COSTS
Lidar Device-Light detection and ranging device used to measure the speed of motor vehicles. This 4
device will be used forspeed enforcement.
Handheld Citation Data Collection Devices-Handheld devices for traffic officer use to collect citation 4
data,print the citation in the field, and transfer the information electronically to the agency RMS
system and to the courts.The system will be used by traffic officers to improve the efficiency and
accuracy of writing traffic citations. Costs include the purchase of electronic citation device, with
integral mag-strip reader,thermal printer,audio recorder, camera, docking/charging station,software,
licenses, accessories,training, and associated shipping and taxes.
DUI Checkpoint Supplies- On-scene supplies needed to conduct sobriety checkpoints. Costs may 1
include 28"traffic cones,MUTCD compliant traffic signs,MUTCD compliant high visibility vests
(maximum of 10),traffic counters(maximum of 2), generator, gas for generators, lighting, reflective
banners, electronic flares,PAS device supplies,heater, propane for heaters,fan, anti-fatigue mats,and
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canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages
will not be reimbursed.
INDIRECT COSTS
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this'agreement' shall be interpreted as a requirement,formal or informal,that a particular law enforcement
officer issue a specified or predetermined number of citations in pursuance of the goals and objectives.
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State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT18110
Exhibit A
CERTIFICATIONS AND ASSURANCES
Failure to comply with applicable Federal statutes,regulations, and directives may subject Grantee Agency officials to
civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49
CFR§18.12.
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the
Grantee Agency complies with all applicable Federal statutes,regulations, and directives and State rules, guidelines,
policies and laws in effect with respect to the periods for which it receives grant funding.Applicable provisions include,
but are not limited to,the following:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966,as amended
•49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination.
These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits
discrimination on the basis of race,color or national origin(and 49 CFR Part 21); (b)Title IX of the Education
Amendments of 1972,as amended(20 U.S.C. 1681-1683 and 1685-1686),which prohibits discrimination on the basis of
sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794), and the Americans with Disabilities
Act of 1990(Pub.L. 101-336), as amended(42 U.S.C. 12101,et seq.), which prohibits discrimination on the basis of
disabilities(and 49 CFR Part 27); (d)the Age Discrimination Act of 1975,as amended (42 U.S.C. 6101-6107),which
prohibits discrimination on the basis of age; (e)the Civil Rights Restoration Act of 1987 (Pub.L. 100-259), which
requires Federal-aid recipients and all sub-recipients to prevent discrimination and ensure nondiscrimination in all of their
programs and activities; (f)the Drug Abuse Office and Treatment Act of 1972(Pub. L. 92-255), as amended,relating to
nondiscrimination on the basis of drug abuse; (g)the comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970(Pub.L. 91-616),as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended(42 U.S.C.
290dd-3 and 290ee-3),relating to confidentiality of alcohol and drug abuse patient records; (i)Title VIII of the Civil
Rights Act of 1968,as amended(42 U.S.C. 3601,et seq.),relating to nondiscrimination in the sale,rental or financing of
housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; and(k)the requirements of any other nondiscrimination statute(s) which may apply to the
application.
BUY AMERICA ACT
The Grantee Agency will comply with the provisions of the Buy America Act(49 U.S.C. 53230)), which contains the
following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the
Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest,that
such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-
domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation.
POLITICAL ACTIVITY(HATCHACT)
The Grantee Agency will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508) which limits the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
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CERTIFICATION REGARDING FEDERAL LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement,and the extension, continuation,renewal, amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,loan, or
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-
award at all tiers(including subcontracts, sub-grants, and contracts under grant, loans,and cooperative agreements)
and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352,title 31, U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty
of not less than$10,000 and not more than$100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or
local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local
legislative body. Such activities include both direct and indirect(e.g.,"grassroots") lobbying activities,with one
exception.This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials,in accordance with customary State practice,even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDINGDEBARMENT AND SUSPENSION
Instructions for Primary Certification
I. By signing and submitting this grant agreement,the Grantee Agency Official is providing the certification set out
below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot
provide the certification set out below.The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction.However,failure of the Grantee
Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency
Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or default.
4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant
agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant,
person,primary covered transaction,principal, grant agreement, and voluntarily excluded, as used in this clause,
have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29.You may contact the
department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those
regulations.
6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
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is proposed for debarment under 48 CFR Part 9,subpart 9.4, debarred, suspended,declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency
entering into this transaction.
7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," provided by the department or agency entering into this covered transaction,without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4,debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non-
procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions
1. The Grantee Agency Official certifies to the best of its knowledge and belief,that its principals:
a. Are not presently debarred,suspended,proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency;
b. Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery,
falsification or destruction of record, making false statements,or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;
and
d. Have not within a three-year period preceding this application/grant agreement had one or more public
transactions(Federal, State, or local)terminated for cause or default.
2. Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this grant agreement.
Instructions for Lower Tier Certification
1. By signing and submitting this grant agreement,the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification,in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including suspension
and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant
agreement is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant,
person,primary covered transaction,principal, grant agreement, and voluntarily excluded, as used in this clause,
have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person
to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered
transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9,subpart 9.4, debarred, suspended, declared ineligible, or
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voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency
with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the
clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower
Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9,subpart 9.4,debarred, suspended,
ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals. Each
participant may,but is not required to, check the List of Parties Excluded from Federal Procurement and Non-
procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4,suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal government,the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier
Covered Transactions:
1. The prospective lower tier participant certifies,by submission of this grant agreement,that neither it nor its
principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded
from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this grant agreement.
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