2018/10/23 City Council Resolution 2018-134 RESOLUTION NO. 2018-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK AUTHORIZING AND ACCEPTING THE STATE OF
CALIFORNIA OFFICE OF TRAFFIC SAFETY(OTS) SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM(STEP) GRANT AND
AMENDING THE FY 2018-2019 OPERATING AND REVENUE
BUDGETS
WHEREAS,the Rohnert Park Department of Public Safety has conducted numerous
enforcement programs to ensure compliance with vehicle laws;
WHEREAS,the Public Safety Department has been awarded a State of California Office
of Traffic Safety(OTS) Selective Traffic Enforcement Program (STEP) grant for total award of
$70,000, ($25,000.00 under Catalog of Federal Domestic Assistance (CFDA)Number 20.600
and $45,000.00 under CFDA number 20.608) (hereinafter"OTS STEP Grant");
WHEREAS,the OTS STEP Grant has been awarded to fund the Rohnert Park
Department of Public Safety's focused and increased enforcement to reduce the number of
persons injured and killed in traffic collisions beginning October 1,2018 through September 30,
2019; and,
WHEREAS,the Public Safety Department seeks Council authority to accept the OTS
STEP Grant and create an additional program budget.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Rohnert
Park does hereby authorize and accept the OTS STEP Grant, attached hereto as exhibit A, and
further authorizes the Director of Finance, or his/her designee,to increase appropriations in the
amount of$70,000.00 in account 001-P213-400, and to make any other accounting adjustments
necessary to execute the OTS STEP Grant in accordance with applicable laws.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this OTS STEP Grant for and on behalf of the City of Rohnert
Park.
DULY AND REGULARLY ADOPTED this 23rd day of October, 2018.
CITY OF ROHNERT PARK
Pam Stafford, Mayor '
ATTEST:
(Ckl lOACrak_
LthAnne M. Buergler, City Clerk
Attachment: Exhibt A
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2018-134
EXHIBIT A
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT19102
1. GRANT TITLE
Selective Traffic Enforcement Program(STEP)
2. NAME OF AGENCY 3. Grant Period
Rohnert Park ,e;,
4. AGENCY UNIT TO ADMINISTER GRANT From: 10/01/2018
Rohnert Park Department of Public Safety 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 Agreement Shall Not Exceed: $70,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this
reference made a part of the Agreement:
• Schedule A—Problem Statement,Goals and Objectives and Method of Procedure
• Schedule B—Detailed Budget Estimate and Sub-Budget Estimate(if applicable)
• Schedule B-1—Budget Narrative and Sub-Budget Narrative(if applicable)
• Exhibit A—Certifications and Assurances
• Exhibit B*—OTS Grant Program Manual
*Items shown with an asterisk(*),are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We,the officials named below,hereby swear under penalty of perjury under the laws of the State of California that we are duly
authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY
NAME: Jerrod Marshall PHONE: (707)588-3520 NAME: Jeff Weaver PHONE: (707)584-2600
TITLE: Traffic Sergeant FAX: (707)584-2656 TITLE: Interim Chief FAX: (707)584-2656
ADDRESS: 500 city Center Dr ADDRESS: 500 City Center Drive
Rohnert Park,CA 94928 Rohnert Park,CA 94928
EAImarahalli :org EMAIL: jwcaver@rpcity.org
",,j,, ' •x'.73/P ,' i. z°
igtt�cture)� (Date) —. signature) (Date)
C. FISCAL OR ACCOUNTING OFFICAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Aaron Johnson PHONE: (707)588-3580 NAmE: Rhonda L.Craft PHoNE: (916)509-3030
TITLE: Commander FAX: (707)584-2656 TITLE: Director Fnx: (916)509-3055
ADDRESS: 500 City Center Drive ADDRESS: 2208 Kausen Drive,Suite 300
Rohnert Park,CA 94928 Elk Grove,CA 95758
EMAIL: ajohnson@rpeity.org E,
449/P. Alle_ /hrio
(rgnature) (Date) (Sirrr re) f g
)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION f
NAME: Carolyn Vu DUNS#:930912980
ADDRESS: 2208 Kausen Drive,Suite 300 REGISTERED ADDRESS:500 City Center Dr.
Elk Grove,CA 95758 CITY:Rohnert Park ZiP+4:94928-1180
8/22/2018 2:59:41 PM Page 1 of 15
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164-AL-19 20.608 0521-0890-101 2018 2018 29/18 $45,000.00
402PT-19 20.600 0521-0890-101 2018 2018 29/18 $25,000.00
AGREEMENT $70,000.00
TOTAL
AMOUNT ENCUMBERED BY THIS DOCUMENT
$70,000.00
I CERTIFY upon my own personal knowledge that the budgeted Jundsfor PRIOR AMOUNT ENCUMBERED FOR THIS
the current budget year are available for the period and purpose of the
expenditure stated above. AGREEMENT
$0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE
SIGNED
WrP, f1 $70,000.00
ftt
A
8/22/2018 2:59:41 PM Page 2 of 15
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT19102
Schedule A
1. PROBLEM STATEMENT
The City of Rohnert Park is a residential community located in the southern central portion of Sonoma County. Hwy
101 splits the city into two sections primarily comprised of commercial to the west and residential to the east.Based on
the location Rohnert Park sits in Sonoma County,tourist frequently drive through the community after spending a day
or weekend in the wine country—this alone increases our DUI potential.
Currently the daytime population is 43000 people;however,the city is home to Sonoma State University which brings
an additional 11000 students each year to the community. In addition to the college,Rohnert Park opened the Green
Music Center which hosts world renowned musicians as well as performers.The seating capacity of the center is 2000
people. All of these patrons have the ability to dine in an upscale restaurant which is located on site of the concert hall.
The Graton Rancheria also opened the largest Indian Resort and Casino in California in Rohnert Park on November 5,
2013.The resort is open 24 hours a day,365 days a year.The traffic statistics related to the casino impacts show an
increase in collisions as well as impaired drivers.Three of the four access points to the casino traverse through the City
of Rohnert Park.Three housing developments are in the building phase within the city.Our east side of town will have
1500 homes built next to major arterial roadways adjacent to one of two high schools.New residents are currently
moving in and occupying these new homes causing an increase in traffic on the east side.Roads have been improved
on the east side to accommodate the increase in traffic and vehicles are using them more as they avoid the busy central
areas of the city. A large 350 unit apartment complex has been completed less than 500 yards from the already existing
casino.The roadway leading to this complex shares the same roadway as the casino.This increased traffic alone has
brought congestion and an increase in collisions in the area.The Sportsman Warehouse,a 43000 square foot super
store opened in late 2016 on the property adjacent to the casino.The access for this location would use the same off
ramps from the highway as well as frontage roads.This is yet another increase in vehicles as well as collision potential.
The newest development into our community is the Sonoma Marin Area Rapid Transit(SMART).This commuter train
enters our city several times a day as an alternative commuting choice for residents working out of the city. SMART is
actively running through the city and Rohnert Park has three railroad crossing within our city.Two of the crossings are
on arterial roadways.Traffic in Rohnert Park is being affected by this alternate form of transportation and has led to an
increase in citations for stopping on the rail way at intersections.
Currently,injury traffic collisions in Rohnert Park are remaining even with the past few years.In 2015,there were a
total of 494 collisions of which 98 resulted in injury.Approximately 20%of the collisions someone was injured.In
2017,there have been 595 collisions wherein 117 included a reported injury.Approximately 19%of the 2017 collisions
have resulted in an injury with two being fatal.The 2012-2013 comparison composite ranking indicates our traffic
safety problem is getting worse. In 2012 we had a composite ranking of 39/92.In 2013 our ranking decreased to 19/92.
In 15 of the OTS collision categories for 2013,the City of Rohnert Park is below average in 13 categories.The
department investigated two fatal collisions in 2017.Although the department is working diligently to decrease injury
accidents as well as arrest impaired drivers,our traffic volume is increasing and putting a strain on the proactivity of
the public safety force.In forecasting our rankings based on 2013,we anticipate more collisions based on the addition
of the new businesses as mentioned.
In 2008 the Department of Public Safety had 80 sworn officers to assist in combating traffic issues in our community.
Today we have twice the development and only 63 sworn officers.Like most agencies,we have to do more with less.
Because part one crimes are a priority,the traffic division had to become an ancillary assignment until 2011. Since
2011 we have increased our targeted patrols as well as our DUI checkpoint and saturation details with the assistance of
OTS.Our DUI enforcement effectiveness is apparent by our rankings from 2011 to 2012.Our agency has relied on
funding opportunities to do targeted enforcement solely because the time was not available for the officers on a regular
shift.Overtime opportunities ensured directed enforcement. In late 2014,our agency was faced with a reduction in staff
due to injuries and unforeseen retirements.This has forced us to rotate one detective out of investigations as well as
switch the traffic officers to a swing shift schedule.The schedule change will allow our officers to focus on impaired
driving but will require extra patrol for vehicle code and primary collision factor enforcement.
In the past grant cycles,the City of Rohnert Park has performed up to the expectation of the grant agreement not to
mention gone above and beyond by doing public outreach based on our traffic safety philosophy.
With the continued support from OTS,the City of Rohnert Park will be able to maintain the traffic safety objectives as
well as focus attention on impaired driving considering our community is a large target for these dangerous activities.
. 2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic collisions.
8/22/2018 2:59:41 PM Page 3 of 15
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.
1 I. Reduce-the number of persons killed in alcohol/drug combo-involved collisions.
12. Reduce the number of persons injured in alcohol/drug combo-involved collisions.
13. Reduce the number of motorcyclists killed in traffic collisions.
14. Reduce the number of motorcyclists injured in traffic collisions.
15. Reduce hit&run fatal collisions.
16. Reduce hit&run injury collisions.
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
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 1
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 10
(SFST)(minimum 16 hours)POST-certified training.
5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving 4
Enforcement(ARIDE) 16 hour POST-certified training.
6. Send law enforcement personnel to the prug Recognition Expert(DRE)training. 1
7. Send law enforcement personnel to the DRE Recertification training. 2
8. Send law enforcement personnel to SFST Instructor training.
9. Conduct DUI/DL Checkpoints.A minimum of 1 checkpoint should be conducted during 4
the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the
overall deterrent effect and promote high visibility,it is recommended the grantee issue an
advance press release and conduct social media activity for each checkpoint.For
combination DU1/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.
10. Conduct DUI Saturation Patrol operation(s). 15
11. Conduct Court Sting operation(s)to cite individuals driving from court after having their 1
driver's license suspended or revoked.
12. Conduct Warrant Sei vice operation(s) targeting multiple DUI offenders who fail to appear 2
in court. -
13. Conduct Traffic Enforcement operation(s),including but not limited to,primary collision 15
factor violations.
14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or 4
during events with a high number of pedestrian and/or bicycle collisions resulting from
8/22/2018 2:59:41 PM Page 4 of 15
violations made by pedestrians,bicyclists,and drivers.
15. Conduct Traffic Safety educational presentation(s)with an effort to reach community 2
members.Note:Presentation(s)may include topics such as distracted driving,DUI,speed,
bicycle and pedestrian safety,seat belts and child passenger safety.
16. 0
3. METHOD OF PROCEDURE
A. Phase l—Program Preparation(1St Quarter of Grant Year)
• The department will develop operational plans to implement the"best practice"strategies outlined in the
objectives section.
• All training needed to implement the program should be conducted this quarter.
• All grant related purchases needed to implement the program should be made this quarter.
• In order to develop/maintain the"Hot Sheets,"research will be conducted to identify the"worst of the
worst"repeat DUI offenders with a suspended or revoked license as a result of DUI convictions.The Hot
Sheets may include the driver's name,last known address,DOB,description,current license status,and the
number of times suspended or revoked for DUI.Hot Sheets should be updated and distributed to traffic and
patrol officers at least monthly.
• Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision
locations.Media Requirements
• Issue a press release announcing the kick-off of the grant by November 15,but no earlier than October
1. If unable to 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 Information 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.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.The
following requirements are for grant-related activities and are different from those regarding any grant
kick-off release or announcement.
• If an OTS-supplied,template-based press release is used,there is no need for pre-approval,
however,the OTS PIO and Coordinator should be copied when at the same time as the release is
distributed to the press.
•. If an OTS-supplied template is not used,or is substantially changed,a draft press release shall be
sent to the OTS PIO for approval.Optimum lead-time would be 10 days prior to the release
distribution date,but should be no less than 5 working days prior to the release distribution date.
s 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@ot.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 pie@ets.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
8/22/2018 2:59:41 PM Page 5 of 15
C. Phase 3—Data Collection&Reporting(Throughout Grant Year)
• Invoice Claims(due January 30, April 30,July 30,and October 30)
• Quarterly Performance Reports(due January 30,April 30,July 30,and October 30)
• Collect and report quarterly,appropriate data that supports the progress of goals and objectives.
• Provide a brief list of activity conducted,procurement of grant-funded items,and significant media
activities. Include status of grant-funded personnel,status of contracts,challenges,or special
accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
• Collect,analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant,the Grant Director will complete the"Final Evaluation"section in the
fourth/final Quarterly Performance Report(QPR).The Final Evaluation should provide a brief summary of the grant's
accomplishments,challenges and significant activities.This narrative should also include whether goals and objectives
were met,exceeded,or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has fill!administrative support,and every effort will be made to continue the grant activities after grant
conclusion.
8/22/2018 2:59:41 PM Page 6 of 15
State of California-Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT
PT19102
Schedule B
TO-TXL;AMOliffr
reniEdNtiiv--ftIfi
4.31 rY1-1 ^4,r,""<etee'' crizt,h,
et'ilfrWSGACTD4411tg,g111W: 4k4:k:
164 AL-19 20.608 Minimum Penalties for Repeat $45,000.00
Offenders for Driving While
Intoxicated
402PT-l9 20.600 State and Community Highway $25,000.00
Safety
- • •A...., ' • • RTAT4V-is*M-
5T.f$*: 4:afe iMM.VVICAPI_k
A. PERSONNEL COSTS
Positions and Salaries
Full-Time
$0.00
•
Overtime
DUI/DL Checkpoints 20.608 $22,884.00
DUI Saturation Patrols 20.608 $12,000.00
Warrant Service Operations 20.608 $6,000.00
Court Stings 20.608 $1,500.00,
Traffic Enforcement 20.600 $11,250.00
Pedestrian and Bicycle Enforcement 20.600 $3,000.00
PT Benefits @ 1.45% 20.600 $206.00
AL Benefits A 1.45% 20.608 $614.00
Part-Time
$0.00
Category Sub-Total $57,454.00
B. TRAVEL EXPENSES
In State Travel 20.600 $5,124.00
$0.00
Category Sub-Total $5,124.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Radar Device 20.600 $5,420.00
DUI Checkpoint Supplies 20.608 $2,002.00
Category Sub-Total $7,422.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
$70,000.00
GRANT TOTAL
Page 7 of 15
8/22/2018 2:59:41 PM
State of California—Office of Traffic Safety GRAM NUMBER
GRANT AGREEMENT PT19102
Schedule B-I
BUDGET NARRATIVE
PERSONNEL COSTS QUANTITY
DUI/DL Checkpoints-Overtime for grant funded law enforcement operations conducted by 4
appropriate department personnel.
DUI Saturation Patrols-Overtime for grant funded law enforcement operations conducted by 20
appropriate department personnel.
Warrant Service Operations-Overtime for grant funded law enforcement operations conducted by 2
appropriate department personnel.
Court Stings-Overtime for grant funded law enforcement operations conducted by appropriate 1
department personnel.
Traffic Enforcement-Overtime for grant funded law enforcement operations conducted by appropriate 15
department personnel.
Pedestrian and Bicycle Enforcement-Overtime for grant funded law enforcement operations 4
conducted by appropriate department personnel.
PT Benefits @ 1.45%-Benefits @ 1.45% 1
Medicare 1.45%
AI.Benefits @ 1 45%-Benefits @ 1.45% 1 �
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. All conferences,
seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All
travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at
conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
EQUIPMENT
OTHER DIRECT COSTS
Radar Device-to measure the speed of motor vehicles.This device will be used for speed enforcement. 4
DUI Checkpoint Supplies-on-scene supplies needed to conduct sobriety checkpoints. Costs may 1
include 28"traffic cones,MUTCD compliant traffic signs,MUTCD compliant high visibility vests
(maximum of 10),traffic counters(maximum of 2),generator,gas for generators,lighting,reflective
banners,electronic flares,PAS device supplies,heater,propane for heaters,fan,anti-fatigue mats,and
canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages
will not be reimbursed.
INDIRECT COSTS
STATEMENTS/DISCLAIMERS
Program Income default statement:
8/22/2018 2:59:41 PM Page 8 of 15
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.
8/22/2018 2:59:41 PM Page 9 of 15
State of California–Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT19102
Exh,bit A
CERTIFICATIONS AND ASSURANCES
HIGHWAY SAFETY GRANTS
(23 U.S.C.CHAPTER 4 AND SEC. 1906,Pull.L.109-59,AS AMENDED)
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,
hut 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 1300—Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
(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.4601),(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('FR part 77;
s The Age Discrimination Act of 1975,as amended,(42 U.S.C. 6101 el 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 III 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;
8/22/2018 2:59:41 PM Page 10 of 15
• Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-
,-
Income Populations(prevents discrimination against minority populations by discouraging programs,policies,
and activities with disproportionately high and adverse human health or environmental effects on minority and
low-income populations);and
• Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency(guards
against Title VI national origin discrimination/discrimination because of limited English proficiency(LEP)by
ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to
programs(70 FR 74087-74100).
The State highway safety agency—
• Will take all measures necessary to ensure that no person in the United States shall,on the grounds of race,color,
national origin,disability,sex,age, limited English proficiency,or membership in any other class protected by
Federal Nondiscrimination Authorities,be excluded from participation in,be denied the benefits of,or be
otherwise subjected to discrimination under any of its programs or activities,so long as any portion of the
program is Federally-assisted;
• Will administer the program in a manner that reasonably ensures that any of its subrecipients,contractors,
subcontractors,and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non-Discrimination Authorities identified in this Assurance;
• Agrees to comply(and require its subrecipients,contractors,subcontractors,and consultants to comply)with all
applicable provisions of law or regulation governing US DOT's or NHTSA's access to records,accounts,
documents,information,facilities,and staff,and to cooperate and comply with any program or compliance
reviews,and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
under these Non-Discrimination Authorities and this Assurance;
• Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
"During the performance of this contract/funding agreement,the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations,as may be amended from time to
time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
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.
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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,Giants,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.
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.
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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.If it is later determined that the prospective primary tier
participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal
Government,the department or agency may terminate this transaction for cause or default or may pursue suspension or
debarment.
4.The prospective primary tier participant shall provide immediate written notice to the department or agency to which
this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
5.The terms covered transaction, civil judgment,debarment,suspension,ineligible,participant, person,principal, and
voluntanly excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6.The prospective primary tier participant agrees by submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily
excluded from participation in this covered transaction,unless authorized by the department or agency entering into
this transaction.
7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled
"Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"provided by the department or agency
entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations
for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,
ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A
participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any
prospective lower tier participants,each participant may,but is not required to,check the System for Award
Management Exclusions website Ottps://www.sam.govi).
9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause.The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10.Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9,subpart 9.4,suspended,debarred,ineligible,or voluntarily excluded from
participation in this transaction,in addition to other remedies available to the Federal government,the department or
agency may terminate the transaction for cause or default.
Certification Regarding Debarment,Suspension,and Other Responsibility Matters-Primary Tier
Covered Transactions
(1)The prospective primary tier participant certifies to the best of its knowledge and belief,that it and its principals:
(a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
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(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(1)(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
I.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 of 2 CFR parts 180 and 1200.
2.The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into.If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification,in addition to other remedies available to the Federal government,the department or agency with
which this transaction originated may pursue available remedies,including suspension or debarment.
3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4.The terms covered transaction, civil judgment,debarment,suspension,ineligible,participant, person,principal, and
voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.
You may contact the 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 he 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 tier participants,each participant may,but is not required to,check the System for Award
Management Exclusions website(https://www.sam,gov1.
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.
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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 Debarment,Suspension,Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating
in covered transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement(23 U.S.C.313)when purchasing items
using Federal funds.Buy America requires a State,or subrecipient,to purchase with Federal funds only steel,iron and
manufactured products produced in the United States,unless the Secretary of Transportation determines that such
domestically produced items would be inconsistent with the public interest,that such materials are not reasonably
available and of a satisfactory quality,or
that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.In
order to use Federal funds to purchase foreign produced items,the State must submit a
waiver request that provides an adequate basis and justification for approval by the Secretary of
Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C.Chapter 4 grant funds for programs to check helmet usage or
to create checkpoints that specifically target motorcyclists.
LAW ENFORCEMENT AGENCIES
All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section
13519.4,subdivision(e),defines"racial profiling"as the"practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any individualized suspicion of the particular person being
stopped." Then,subdivision(f)of that section goes on to provide,"A law enforcement officer shall not engage in racial
profiling."
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