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C4<IFORa�P CITY COUNCIL STAFF REPORT
DATE: September 4, 2013 CONSENT AGENDA
SUBJECT: ACCEPTANCE OF $92,170 IN GRANT FUNDING FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM 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 $92,170
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 saturation patrols,
distracted driving saturation patrols, primary collision factor saturation patrols, and
warrant sweeps. It will also allow us to purchase a lighted changeable message board
to be used at DUI checkpoints as well as special events and major collision scenes.
RECOMMENDATION:
1. Accept $92,170 in grant funding from the California Office of Traffic Safety for a
Selective Traffic Enforcement Program.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Police Department rigorously enforces DUI laws by conducting DUI saturation
patrols and warrant sweeps targeting repeat DUI offenders who fail to go to court. The
Police Department also enforces speed and red light violations by conducting
operations at intersections and streets with disproportionate numbers of traffic
collisions. The 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 120 special operations during this
ITEM NO.-11—
City Council Staff Report
September 4, 2013-- Page 2
Accept$92,170 in OTS Grant Funding 2013-2014
grant period. The department has been successful in obtaining grant funding to pay for
the personnel and training costs for these programs. Additionally, the Department was
able to obtain grant funding to pay for a lighted changeable message board that will
increase safety and public awareness during DUI checkpoints, special events, and
major collision investigations.
The Police Department was able to successfully solicit OTS grant funding for this
community safety project and was awarded $92,170 in grant funding.
This grant period is for a Selective Traffic Enforcement Program between October 1,
2013 and September 30, 2014.
FISCAL IMPACT:
No fiscal impact. This is a reimbursable costs grant program. No matching funds are
required to obtain this additional grant funding.
Alberto Franz III, P6!0 Oftref
David H. Ready, Cit ger
Attachments:
OTS STEP Grant Agreement PT1471
02
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT - Page 1 PT1471
OTS-38 (Rev.6/13)
1. GRANT TITLE
Selective Traffic Enforcement Program
2. NAME OF APPLICANT AGENCY
Cityof Palm Springs
4. GRANT PERIOD
3. AGENCY UNIT TO HANDLE GRANT From: 10/1/13
Police Department To: 9/30/14
5. GRANT DESCRIPTION
To reduce the number of persons killed and injured in crashes involving alcohol, speed, red light running, and other
primary collision factors,"best practice" strategies will be conducted on an overtime basis. The funded strategies may
include: DUI saturation patrols to apprehend drunk drivers; and a "HOT Sheet" program. The program may also
concentrate on speed, aggressive driving, seat belt enforcement, intersection operations with disproportionate numbers of
traffic crashes, and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn
media attention thus enhancing the overall deterrent effect.
6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: S 92,170.00
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(OTS-38b)—Problem Statement,Goals and • Schedule C(OTS-38g)—Quarterly Evaluation Data Form
Objectives and Method of Procedure (if applicable)
• Schedule B(OTS-38d)—Detailed Budget Estimate and • Exhibit A—Certifications and Assurances
Sub-Budget Estimate(if applicable) • Exhibit B* -OTS Grant Program Manual
• Schedule B-1 (OTS-38f)—Budget Narrative and Sub-
Budget Narrative(if applicable)
*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. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY
NAME: Paul Abshire PRONE: 760-323-8105 NAME: David Ready PHONE: 760-323-8201
TITLE: Sergeant FAX: 760-323-8178 TITLE: City Manager FAx: 760-323-8207
ADDRESS: 200 S. Civic Drive ADDREss: 3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262 Palm Springs, CA. 92262
E-MAIL:: PP/aau�l.Absshiirree@palmspringsea.gov E-MAIL: David.Ready@palmspringsca.gov
(Signature) (Date) (Signature) (Date)
C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS
NAME: Nancy Klukan PHONE:760-323-8361 NAME: Finance Department
TI'I'LEI Assistant Finance Director FAx:760-323-8320 ADDRESS: 3200 E. Tahquitz Canyon Way
ADDRESS: 3200 E. Tahquitz Canyon Way Palm Springs, CA. 92262
Palm Springs,CA. 92262
9. DUNS NUMBER
E-MAIL: Nancy.Klukan@palmspringsea.gov DUNS#: 072522006
REGISTERED 3200 E.Tahquitz Canyon Way
ADDRESS& palm Springs,CA 92262
(Signature) (Date) Zip:
GRANTS MADE EASY—STEP(Overtime Only)
SCHEDULE A-GRANT DESCRIPTION
Grant No.PT1471
Page 1
PROBLEM STATEMENT
In 2011, California's traffic fatalities increased 2.6 percent (2,720 vs. 2,791)-still one of the lowest levels
since the federal government began recording traffic fatalities in 1975. California 2011 Mileage Death Rate
(MDR)-fatalities per 100 million miles traveled - is 0.87, and marks the third time California has been below
1.0. California is much better than the national 1.11 MDR. Fatality rates increased 3% from 2010 to 2011, and
are projected to increase an additional 3% in 2012.
Alcohol-impaired driving fatalities (fatalities in crashes involving a driver or motorcycle rider(operator) with a
blood alcohol concentration (BAC) of 0.08 grams per deciliter (g/dL) or greater) matches our historic low of
774 in 2010 and 2011. The 774 figure is the lowest DUI death total ever. As a percent of total fatalities, alcohol-
impaired fatalities decreased from 29 percent in 2010 to 28 percent in 2011. This number has remained
virtually unchanged in the past five years and DUI arrests have dropped in 2011 to 180,212 as compared to
195,897 in 2010. The 2011 DUI arrest figure represents the lowest DUI arrests since 2002.
For the second year in row, OTS commissioned an observational survey of cell phone use by drivers within the
state, looking for hand-held and hands-free talking as well as texting and other use of mobile devices while
driving. The overall rate was 10.8 percent of drivers on the road using cell phones at any given daylight time,
up from 7.3 percent in 2011. Although observed cell phone use increases were seen across all age groups, 16 to
25 year olds showed a dramatic rise, doubling from 9 percent to 18 percent.
The problem of drugged driving continues to rise. Based on data from the National Highway Traffic Safety
Administration, 30 percent of all drivers who were killed in motor vehicle crashes in California in 2011 tested
positive for legal and/or illegal drugs, a percentage that has been increasing since 2006.
Motorcycle fatalities increased 15 percent from 352 in 2010 to 414 in 2011. Projections indicate a similar
number were killed in 2012.
Primary Collision Factor: Over the years, approximately 60 to75 percent of fatal and injury-combined
collisions involved various Primary Collision Factors (PCF) such as, DUI, speed, right-of-way,traffic signals
and signs, pedestrian violations, and improper turning.
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1. Improper Turning 512 21,764
2. Driving Under the Influence 470 12,477
3. Speed 394 48,999
4. Traffic Signals&Signs 362 5,460
5. Right of Way 167 24,897
Totall 1,905 113,597
Total Fatal and Injury Collisions 162,569
OTS-38b(Rev. 6/13) 04
GRANTS MADE EASY—STEP(Overtime Only)
SCHEDULE A-GRANT DESCRIPTION
Grant No. PT1471
Page 2
Collision Type 2008 2009 2010
Collisions Victims Collisions Victims Collisions Victims
Fatal 8 9 4 6 16 17
In'ury 322 498 319 466 305 370
Fatal Injury Killed Injured Fa njury illed Injured Fatal Injury Killed Injured
Alcohol Involved 5 55 6 64 2 39 3 55 2 36 3 53
Hit&Run 1 42 1 62 1 21 1 29 I 11 1 10
Nighttime 3 57 5 75 2 39 3 62 3 36 4 62
2100-0259 hours
Top 3 Primary Collision Factors Fatal Injury Killed Injured
22350 CVC Unsafe Speed 1 50 1 67
21801 CVC Failure to Yield Right-of-Way 2 53 2 93
21453 CVC Red Light Violation 1 1 31 1 I 1 45
OFFICE OF TRAFFIC SAFETY—2010 RANKINGS
The OTS Rankings provide individual cities a way to compare their city's traffic safety statistics to those of other cities
with similar-sized populations. Cities can use these comparisons to see what traffic safety areas they may have problems
in and which they were doing well in. Identifying emerging or on-going traffic safety problem areas help cities plan how
to combat the problems.
It should be noted that OTS rankings are only indicators of potential problems; there are many factors that may either
understate or overstate a city/county ranking that must be evaluated based on local circumstances.
The OTS Rankings are determined by the following: (1)Victim and collision data for the rankings is taken from the latest
available California Highway Patrol (CHP) Statewide Integrated Traffic Records System (SWITRS)data; (2)Victim and
collision rankings are based on rates of victims killed and injured or fatal and injury collisions per"1,000 daily-vehicle-
miles-of-travel" (Caltrans data) and per"1,000 average population" (Department of Finance data) figures. This more
accurately ensures proper weighting and comparisons when populations and daily vehicle miles traveled vary; (3)DUI
arrest totals and rankings are calculated for cities only and are based on rates of non-CHP DUI arrests(Department of
Justice data). This is so that local jurisdictions can see how their own efforts are working; and(4)Counties are assigned
statewide rankings, while cities are assigned population group rankings.
NOTE: City rankings are for incorporated cities only. County Rankings include all roads—state, county and local—and
all jurisdictions—CHP, Sheriff, Police and special. OTS Rankings are calculated so that the higher the number of victims
or collisions per 1000 residents in a population group, the higher the ranking. Number 1 in the rankings is the highest, or
"worst." So, for Group B, a ranking of 1/53 is the highest or worst,27/53 is average, and 53153 is the lowest or best. The
same methodology also applies for DUI arrest rankings.
OTS-38b(Rev. 6/13) 05
GRANTS MADE EASY—STEP(Overtime Only)
SCHEDULE A-GRANT DESCRIPTION
Grant No.PT1471
Page 3
OFFICE OF TRAFFIC SAFETY - 2010 RANKINGS
AGENCY NCIC COUNTY GROUP POPULATION(AVG) DVMT
Palm Springs 3311 RIVERSIDE COUNTY D 44,694 996,580
VICTIMS RANKING BY RANKING BY
KILLED AND DAILY VEHICLE AVERAGE
TYPE OF COLLISION INJURED MILES TRAVELED POPULATION
Total Fatal and Injury 425 25/93 3/93
Alcohol Involved 78 9/93 1/93
HBD Driver<21 4 30/93 13/93
HBD Driver 21-34 28 10/93 1/93
Motorcyclists 18 21/93 5/93
Pedestrians 21 46193 9/93
Pedestrians<15 1 63/93 61/93
Pedestrians 65+ 11 7/93 1/93
Bicyclists 23 56/93 19/93
Bicyclists<15 1 72/93 70/93
Composite 25/93 1193
COLLISIONS
Speed Related 55 4a/93 11/93
Nighttime 38 20/93 3193
Hit and Run 19 47/93 8/93
DUI ARRESTS 258 0.96 % 84192
PERFORMANCE MEASURES
GRANT GOALS
1. To reduce the number of persons killed in traffic collisions.
2. To reduce the number of persons injured in traffic collisions.
3. To reduce the number of persons killed in alcohol-involved collisions.
4. To reduce the number of persons injured in alcohol-involved collisions.
5. To reduce the number of persons killed in drug-involved collisions.
6. To reduce the number of persons injured in drug-involved collisions.
7. To reduce the number of motorcyclists killed in traffic collisions.
8. To reduce the number of motorcyclists injured in traffic collisions.
OTS-38b(Rev. 6/13) 06
GRANTS MADE EASY—STEP(Overtime Only)
SCHEDULE A-GRANT DESCRIPTION
Grant No.PT1471
Page 4
9. To reduce the number of motorcyclists killed in alcohol-involved collisions.
10. To reduce the number of motorcyclists injured in alcohol-involved collisions.
11. To reduce hit & run fatal collisions.
12. To reduce hit & run injury collisions.
13. To reduce nighttime (2100— 0259 hours) fatal collisions.
14. To reduce nighttime (2100—0259 hours) injury collisions.
GRANT OBJECTIVES
I. To issue a press release announcing the kick-off of the grant by November 15 of the first grant year.
The press releases and media advisories, alerts, and materials should be emailed to the OTS Public
Information Officer at piona,ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to
the issuance date of the release.
2. To include, when appropriate, that an at-fault driver was suspected of or was in fact drug impaired (if
possible note the drug involved, e.g., marijuana, prescription drugs, etc.) when reporting to the media the
details from a crash or crash investigation.
3. To send all grant-related activity press releases, media advisories, alerts and general public materials to the
OTS Public Information Officer(PIO) at yiona,ots.ca.gov, with a copy to your OTS Coordinator.
If an OTS template-based press release is used, the OTS PIO and OTS 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 should first be sent to the OTS PIO for approval. Drafts should be sent 10-20 days prior to the
operation for approval to ensure adequate turn-around time. Media communications 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 OTS 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.
4. To 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.
OTS-38b(Rev. 6/13) 07
GRANTS MADE EASY—STEP(Overtime Only)
SCHEDULE A-GRANT DESCRIPTION
Grant No. PT1471
Page 5
5. To issue a press release prior to each motorcycle safety enforcement operation to raise awareness about
motorcycle safety in general and to draw attention to the motorcycle safety enforcement operations. If an
OTS template is not used, the draft press releases, media advisories, alerts, and materials should be entailed
to the OTS Public Information Officer at piona ots.ca.eov, and copied to your OTS Coordinator, for approval
14 days prior to the issuance date of the release.
6. To email the OTS Public Information Officer at Viog)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 enough notice to arrange for attendance and/or participation in the event.
7. To submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer
graphics, etc.) to the OTS Public Information Officer at piogots.ca.gov, and copied to your OTS
Coordinator, for approval 14 days prior to the production or duplication.
8. To include the OTS logo, space permitting, on grant funded print materials; consult your OTS Coordinator
for specifics relating to this grant.
9. To develop and/or 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 by
December 31. Updated Hot Sheets should be distributed to patrol and traffic officers monthly.
10. To submit(encouraged, but not required by OTS) a California Law Enforcement Challenge application to
CHP according to instructions on the CHP website htto://www.chp.ca.gov/features/clec.htmi and submit a
copy of the application to the Office of Traffic Safety by the last Friday of March.
11. To send 4 law enforcement personnel to the NHTSA-certified Standardized Field Sobriety Testing (SFST)
training by January 31.
12. To send 4 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement
(ARIDE) 16-hour POST-certified training by January 31.
13. To send 1 law enforcement personnel to the IACP-certified Drug Recognition Expert (DRE)training
program by March 31.
14. To conduct 50 DUI Saturation Patrols.
15. To conduct 10 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones
and texting.
16. To conduct 50 Traffic Enforcement operation(s), including but not limited to, primary collision factor
violations.
OTS-38b(Rev. 6/13) 08
GRANTS MADE EASY—STEP(Overtime Only)
SCHEDULE A- GRANT DESCRIPTION
Grant No.PT1471
Page 6
17. To conduct 8 highly publicized Motorcycle Safety enforcement operation(s) in areas or during 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.
18. To conduct 2 Warrant Service operation(s) targeting multiple DUI offenders who violate probation terms or
fail to appear in court.
19. To participate in the National Distracted Driving Awareness Month in April.
20. To participate in the statewide Click It or Ticket mobilization period in May.
21. To collaborate with the county's "Avoid DUI Coalition" by: participating in all planning and scheduling
meetings and MADD/Avoid DUI Seminars; providing your county Avoid Coordinator(Host) with your
agency's schedule of operations that occur during any Avoid operational campaign period; and reporting
daily, during holiday Avoid efforts, to the county Avoid Coordinator your agency's DUI arrests & DUI
fatality information for the Avoid media campaign.
NOTE: Nothing in this "agreement"shall 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 hereunder.
METHOD OF PROCEDURE
Phase 1 —Program Preparation,Training and Implementation (13` Quarter of the Grant Year)
• The police department will develop operational plans to implement the "best practice" strategies
outlined in the objectives section.
• A draft news release will be submitted to OTS to announce the grant program.
• 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 program will be accomplished by deploying personnel at high collision
locations.
OTS-38b(Rev. 6/13) 09
GRANTS MADE EASY—STEP(Overtime Only)
SCHEDULE A-GRANT DESCRIPTION
Grant No.PT1471
Page 7
Phase 2 —Community Awareness ('Throughout Grant Period)
• The police department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.
Phase 3—Data Collection & Reyorting (Throughout Grant Period)
• The police department will submit a Quarterly Performance Report (QPR) and a separate quarterly
Schedule C within 30 days following each calendar quarter.
• The final QPR, Schedule C, Claim and Executive Summary are due to OTS 30 days following the end of
the grant period.
• Reports shall be completed and submitted in accordance with OTS requirements specified in the Grant
Program Manual.
METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will prepare the Executive Summary to accompany
the final QPR. The Executive Summary will: (1) briefly state the original problem; (2) specify the most
significant goals and objectives; (3) highlight the most significant activities that contributed to the success of the
program and the strategies used to accomplish the goals; and (4) describe the program's accomplishments as
they relate to the goals and objectives.
ADMINISTRATIVE SUPPORT
This program has full support of the City of Palm Springs. Every effort will be made to continue the activities
after the grant conclusion.
OTS-38b(Rev. 6/13) 10
SCHEDULE B -Proposal
DETAILED BUDGET ESTIMATE
GRANT NO. PT1471 - Palm Springs
Fund Number CFDA# Program Title
Minimum Penalties For
Repeat Offenders For Driving While
164AL 20.608 Intoxicated
State And Community
402PT 20.600 Highway Safety
FISCAL YEAR ESTIMATES TOTAL COST
COST CATEGORY TO GRANT
A.PERSONNEL COSTS CFDA 10/1/13 -9/30/14
Positions and Salaries
Overtime
DUI Saturation Patrols 20.608 $ 26,884.00 $ 26,884.00
Warrant Service Operations 20.608 $ 710.00 $ 710.00
Distracted Driving Enforcement Operations 20.600 $ 5,680.00 $ 5,680.00
MC Safety Enforcement Operations 20.600 $ 5,680.00 $ 5,680.00
Traffic Enforcement Operations 20.600 $ 28,400.00 $ 28,400.00
Category Sub-Total $ 67,354.00 $ 67,354.00
B. TRAVEL EXPENSE
In-State 20.600 $ 7,016.00 $ 7,016.00
Category Sub-Total $ 7,016.00 $ 7,016.00
C. CONTRACTUAL SERVICES
None $ -
Category Sub-Total $ - $ -
D. EQUIPMENT
Changeable Message Sign Trailer 20.600 $ 15,000.00 $ 15,000.00
Category Sub-Total $ 15,000.00 1 $ 15,000.00
E. OTHER DIRECT COSTS
Phlebotomist 20.608 $ 2,800.00 1 $ 2,800.00
Category Sub-Total $ 2,800,00 $ 2,800.00
F. INDIRECT COSTS
None $ -
Category Sub-Total $ - $
GRANT TOTALI Fs 92,170.00 $ 92,170.00
11
SCHEDULE B-1
GRANT No. PT1471
BUDGET NARRATIVE Pagel
PERSONNEL COSTS
Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant,
Sergeant, Corporal, Deputy, Officer, Community Services Officer, Dispatcher, etc., depending on the titles
used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish
the grant goals and objectives.
Costs are estimated based on an overtime hourly rate range of$60.00/hour to $79.82/hour.
Overtime reimbursed will reflect actual costs of the personnel conducting the appropriate operation up to the
maximum range specified. No benefits will be reimbursed from this grant.
TRAVEL EXPENSE
In State- 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 the Vehicular Homicide Seminar, and OTS Leadership and Training Seminar.
All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must
be approved by OTS.
All travel claimed must beat 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
None
EQUIPMENT
1 Changeable Message Sign Trailer(s) - fully equipped changeable message sign trailer(s) that is portable,
and fully programmable with a digital display to post traffic safety messages and information during OTS
funded operations package, safety bars and modifications and accessories.
OTHER DIRECT COSTS
Phlebotomist -to draw and collect blood samples from suspected DUI drivers on scene as evidence in
support of DUI convictions in a court of law. OTS funds will not be used for"testing"of the evidence.
OTS-38f(Rev.6/13) 12
SCHEDULE B-1
GRANTNO. PT1471
BUDGET NARRATIVE Page 2
INDIRECT COSTS
None
PROGRAM INCOME
There will be no program income generated from this grant.
OTS-38f(Rev. 6/13) 13
CALIFORMA
OFFICE of TRAFFIC SAFETY
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 Chapter II -(§§1200, 1205, 1206, 1250, 1251, & 1252) Regulations governing highway safety programs
• NHTSA Order 462-6C- Matching Rates for State and Community Highway Safety Programs
• Highway Safety Grant Funding Policy for Field-Administered Grants
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(88), 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 (101), 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 (100),which requires Federal-aid recipients and all subrecipients to
prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f)the Drug Abuse Office and
Treatment Act of 1972 (92), 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(91), 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; (j) 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.
1 I Certifications and Assurances(Rev.2013) 14
CALIFORNIA
OFFICE of TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
BUY AMERICA ACT
The Grantee Agency will comply with the provisions of the Buy America Act(49 U.S.C. 53236)),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(HATCH ACT)
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.
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, 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 shall be subject to
a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.
2 1 Certifications and Assurances(Rev.2013) 15
CALI"NIA
OFFICE or TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
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 REGARDING DEBARMENT AND SUSPENSION
Instructions for Primary Certification
1. By signing and submitting this Grant Agreement,the Grantee Agency official is providing the certification set out
below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot
provide the certification set out below.The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However,failure of the Grantee
Agency official to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency
official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government,the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant 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 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.
3 1 Certifications and Assurances(Rev.2013) 16
CAIIFOMIA
OFFICE of TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
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.
4 1 Certifications and Assurances(Rev.2013)
17
CALIFORNIA
OFFICE of TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
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 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.
5 1 certifications and Assurances(Rev.2013) 18
CAUFORNIA
OFFICE of TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
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.
6 Certifications and Assurances(Rev.2013)
19