HomeMy WebLinkAboutContract 1840 State of California—Office of Traffic Safety GRANT NUMBER
* T AGREE I NT PT20022
1. GRANT TITLE
Selective Traffic Enforcement Pro ram STEP)
2. NAME OF AGENCY 3. Grant Period
Cathedral City
4, AGENCY UNIT TO ADMINISTER GRANT From: 10/01/2019
Cathedral City Police Department To: 09/30/2020
5. GRANT DESC* 'TION
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 A. eement 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.Jov.
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: Paul Herrera PHONE: (760)770-0308 NAME: Anthony Yoakum PHONE: (760)770-0394
TITLE: Commander FAX: TITLE: Acting Chief of Police FAx: (760)202-1469
ADDRESS: 68-700 Avenida Lalo Guerrero ADDRESS: 68700 Avenida Lalo Guerrero
Cathedral City,CA 92234 Cathedral City,CA 92234
EMAIL: pherrera@cathedraleity.gov EMAIL: ayoakum@cathedralcity.gov
(Signature) (Date) .igno ire) (Date)
C. FISCAL OR ACCOUNTING OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Jennifer Nellis PHONE: (760)770-0371 NAME: Randy Weissman PiioNE: (916)509-3030
TITLE: Admin Analyst Rut: TITLE: Acting Director FAx: (916)509-3055
ADDRESS: 68700 Avenida Lalo Guerrero ADDRESS: 2208 Kausen Drive Suite 300
Cathedral City,CA 92234 Elk Grove,CA 95758
EMAIL: Mellis@cathedralcity.gov tolt ,randy.weissman@ioillts.ea.gov
fie iUlti
viature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFO' ATION
NAME: Carolyn Vu DUNS#: 614150373
ADDRESS: 2208 Kausen Drive,Suite 300 REGIS1 ERED ADDRESS:68700 Avenida Lab o Guerrero
Elk Grove,CA 95758
CITY:Cathedral City ZIP+4:92234-1208 8/30/2019 10:14:44 AM Page 1 of 15
10. PROJECTED EXPENDIT ' SPROJECTED
FUND ITEM/APPROPRIATION OF.Y. C T STAT TE
C AEXPENDIT ' .S
402PT-20 20.600 0521-0890-101 2019 2019 BA/19 $10.000.00
164 -20 20.608 0521-0890-101 2019 2019 BA/19 $15.000.00
405c TR-20 20.616 0521-0890401 2019 2019 BA/19 $45,000.00
AGREEMENT $70,000.00
TOTAL
AMOUNT ENC I:ERED BY THIS DOCUMENT
$70,000.00
I CERTIFY upon my own personal knowledge that the budgeted funds for
PRIOR the current budget year are available for the period and purpose of the A T C 1:E FOR T S
expenditure stated above. A E
MENT
$0.00
OTS ACCOUNTIN::r OFFICER'S SIGNATURE DATE TOTAL O T EN I:ETO DATE
SIGNEE
.eso- $70,000.00
8/30/2019 10:14:44 Page 2 of 1
State of California—Office of Traffic Safety GRANT NUMBER
GT AGREE I "NT PT20022
Schedule A
1. PROBLEM STATE NT
Cathedral City is in Riverside County,situated between Palm Springs and Rancho Mirage located to the south of CA
Interstate 10. Cathedral City is 55 square miles,with a population of over 55,000 residents,making it the second
largest city in the Coachella Valley and the 13th largest city in Riverside County. The Coachella Valley has over
300,000 residents in total-with many of its residents commuting to work through various Valley
communities. Cathedral City experiences seasonal population increases of approximately 20,000 as residents from
other areas of the United States and Canada spend autumn and winter months in the Coachella Valley. Out-of-state
residents are often retired or elderly and accustomed to driving rules and customs from their home region—this is a
factor in a growing number of collisions throughout the Coachella Valley.
Cathedral City is also home to a large population originating from Mexico and Central America. With the passage of
California Assembly Bill 60 into law,many of these individuals have now acquired driver's licenses,which have added
many inexperienced drivers to the local area. Population growth in Cathedral City is estimated at over 5%from 2016
to 2017 and is expected to continue.
The continued traffic-population growth in Cathedral City,along with the increase in injury and fatal collisions has
required the Cathedral City Police Department(CCPD)to address traffic issues in newer,more creative ways. To
address traffic enforcement,CCPD maintains its"Traffic Unit" (which consists of a sergeant and two motor officers)to
focus on enforcement and accident investigations. They are also called upon as part of our"Collision Investigation
Team"which investigates major and fatal collisions.
To combat the recent(2017 to 2018)increase in pedestrian collisions and pedestrian related fatal collisions,CCPD
started a"Bicycle Enforcement Team". The Bicycle Enforcement Team was started with no donation(s)or grant
funds. New police bicycles and safety equipment were funded from the department's operating budget. Two officers
were sent to a POST-certified instructor's course and over eight officers have thus far been trained to operate as bicycle
enforcement officers.
Recent enforcement focuses on a two-mile portion of commercial corridor where three pedestrians were killed while
crossing the roadway in 2018. Pedestrian education is a component of this program. The Bicycle Enforcement Team
can access the public in approachable and non-traditional ways to deliver safety-messages con_ ent with safe
pedestrian habits. CCPD has also completed media releases and conducted TV media interviews in English and
Spanish in effort to reach the pedestrian public and educate them regarding the dangers of unsafe roadway
crossing.
Cathedral City is geographically situated in the middle of the most populated portion of the Coachella Valley-which
becomes a tourist and vacation destination throughout the year. Motorists travel through Cathedral City to reach other
Coachella Valley destinations such as the P Springs International Airport. This is a starting point for seasonal
residents and tourist from POTUS—past and present-to literally hundreds of thousands that attend major events such
as the Palm Springs Film Festival(portions of which take place in our jurisdiction),Coachella Music and Arts Festival,
the Stagecoach Music Festival,the B&P Paribas Open Tennis Tournament and numerous PGA and LPGA golf
tournaments. For celebrities and dignitaries alike,this is often the starting point for motorcades requiring escorts or
some form of dignitary protection. Cathedral City is also situated between two large Tribal casinos-one in Palm
Springs and one in Rancho Mirage. The Agua Caliente Band of Indians is breaking ground in March 2019 on the
construction of a 65,000 square foot casino in Cathedral City. The increase in traffic from this is yet to be fully
determined-however,engineering estimates indicate a 10,000 to 15,000 vehicle(per week)increase in the immediate
roadways of Date Palm Drive and State Hwy 111. The traffic flow increases—along with police services required to
adequately address these issues—has placed a burden on all aspects of police and traffic services.
CCPD is now impacted by State law changes regarding the cannabis industry. Currently,Cathedral City has 18
permitted cannabis retailers with three having acquired licenses for cannabis lounges. Cathedral City has 82 licensed
cultivation businesses and 46 licensed cannabis manufacturing businesses. There is still an undetermined amount of
licensed and unlicensed delivery services,some of which originate from other Coachella Valley communities. CCPD
is impacted by the City being considered a"destination" for cannabis. The additional problems that exist with cannabis
/alcohol influenced motorists and )edestrians under the influence have created additional challen.,es related to the
8/30/2019 10:14:44 AM Page 3 of 15
accurate evaluation of those under the influence. The Department is responding to this challenge through education
and training. CCPD has a training goal to have all officers SFST and ARIDE-certified and develop and maintain DRE
trained officers on all patrol shifts.
The STEP grant awarded to CCPD in past years has provided equipment and economic resources allowing us to
provide impactful enforcement efforts. Because of that,we saw progress and success between the years 2015 to 2016
in reducing critical collision statistics in almost every measurable category: Of note,the OTS Composite Score
improved from 85/104 in 2015 to 96/104 in 2016. In 2016,DUI arrested doubled,changing the r ing from 16/105 in
2015 to 66/104 in 2016. However,recent data on traffic collisions show an upturn in fatal collisions in late 2018 and
into 2019(10 in 2018 and one in 2019). Injury collisions increased from 103 to 174 in 2018.
According to our data CCPD,responded to and handled 980 collision events from January 01,2018 to December 31,
2018. In these incidents, 10 people were killed in fatal collisions and 174 were injured. Impaired drivers(DUI alcohol
and/or drugs)were involved in over 45 of those collisions. Additionally, 17 pedestrians were struck by vehicles in
2018. These are significant increases for a community the size of Cathedral City and the recent investigations have
heavily burdened CCPD. Although the OTS rankings for 2016 show data reflecting that time-period,the last two years
has shown a significant increase in preventable collisions-not reflected in as-of-yet,state-reported,collision-data
archived by OTS.
2. PERFO' • CE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic collisions.
2. Reduce the number of persons injured in traffic collisions.
3. Reduce the number of pedestrians killed in traffic collisions.
4. Reduce the number of pedestrians injured in traffic collisions.
5. Reduce the number of bicyclists killed in traffic collisions.
6. Reduce the number of bicyclists injured in traffic collisions.
7. Reduce the number of persons killed in alcohol-involved collisions.
8. Reduce the number of persons injured in alcohol-involved collisions.
9. Reduce the number of persons killed in drug-involved collisions.
10. Reduce the number of persons injured in drug-involved collisions.
11. Reduce the number of persons killed in alcohol/drug combo-involved collisions.
12. Reduce the number of persons injured in alcohol/drug combo-involved collisions.
13. Reduce the number of motorcyclists killed in traffic collisions.
14. Reduce the number of motorcyclists injured in traffic collisions.
15. Reduce hit&run fatal collisions.
16. Reduce hit&run injury collisions.
17. Reduce nighttime(2100-0259 hours)fatal collisions.
18. Reduce nighttime(2100-0259 hours)injury collisions.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off 1
press releases and media advisories,alerts,and materials must be emailed to the OTS
Public Information Officer at pio@ots.ca.gov,and copied to your OTS Coordinator, for
approval 14 days prior to the issuance date of the release.
2. Participate and report data(as required)in the following campaigns,National Walk to 10
School Day,National Teen Driver Safety Week,NHTSA Winter Mobilization,National
Distracted Driving Awareness Month,National Motorcycle Safety Month,National
Bicycle Safety Month,National Click it or Ticket Mobilization,NHTSA Summer
Mobilization,National Child Passenger Safety Week,and California's Pedestrian Safety
Month.
3. Develop(by December 31)and/or maintain a" HOT Sheet" program to notify patrol and 12
traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or
revoked license as a result of DUI convictions.Updated HOT sheets should be distributed
to atrol and traffic officers monthly.
4. Send law enforcement personnel to the Drug Recognition Expert(DRE) training. 3
5. Send law enforcement personnel to the DRE Recertification training. 2
........ .....
6. Send law enforcement personnel to SFST Instructor training. 2
7. Conduct DUI Saturation Patrol operation(s). 9
8/30/2019 10:14:44 AM Page 4 of 15
8. Conduct Traffic Enforcement operation(s),including but not limited to,primary collision 3
factor violations.
9. Conduct highly publicized Motorcycle Safety enforcement operation(s)in areas or during 1
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
rirnary collision factor violations by motorcyclists and other drivers.
10. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s)in areas or 1
during events with a high number of pedestrian and/or bicycle collisions resulting from
violations made by pedestrians,bicyclists,and drivers.
3. METHOD OF PROCED '
A. Phase 1—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 pioAots.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.
• 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 pioAots.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 pioAots.ca.gov and copy your OTS Coordinator for approval 14 days
prior to the production or duplication.
8/30/2019 10:14:44 • Page 5 of 15
• 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 ree uirements might be contem elated
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 full administrative support,and every effort will be made to continue the grant activities after grant
conclusion.
8/30/2019 10:14:44 Page 6 of 15
State of California—Office of Traffic Safety
GRANT NUMBER
G T AGREE I NT
PT20022
Schedule B
FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT
,(.CFDA)
402PT-20 20.600 State and Community Highway $10,000.00
Safety
164 AL-20 20.608 Minimum Penalties for Repeat $15,000.00
Offenders for Driving While
Intoxicated
405c TR-20 20.616 State Traffic Safety Information $45,000.00
System Iinprovements
COST CATEGORY CFDA TOTAL COST
TO GRANT
A. PERSONNEL COSTS
Straight time
$0.00
Overtime
DUI Saturation Patrols 20.608 $13,587.00
Benefits OT 10.4% 20.608 $1,413.00
Traffic Enforcement 20.600 $4,509.00
Motorcycle Safety 20.600 $1,503.00
Pedestrian and Bicycle Enforcement 20.600 $1,503.00
Benefits OT Q--/) 10.4% 20.600 $782.00
Category Sub-Total $23,297.00
B. TRAVEL EXPENSES
In State Travel 20.600 $1,203.00
$0.00
Category Sub-Total $1,203.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Electronic Citation Data Collection System 20.616 $45,000.00
Category Sub-Total $45,000.00
E. OTHER DIRECT COSTS
Printing/]Duplication 20.600 $500.00
Category Sub-Total $500.00
F. IND r CT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $70,000.00
8/30/2019 10:14:44 • Page 7 of 15
State of California—Office of Traffic Safety
GRANT NUMBER
G" • T AGREE I NT
PT20022
Schedule B-1
BUDGET N- ' •TIVE
PERSONNEL COSTS QUANTITY
DUI Saturation Patrols-Overtime for grant funded law enforcement operations conducted by 9
appropriate department personnel.
Benefits OT @ 10.4%-Overtime benefits 1
Workers Compensation 8.50%
Medicare 1.45%
Non-Industrial Disability 0.45%
Traffic Enforcement-Overtime for grant funded law enforcement operations conducted by appropriate 3
department personnel.
Motorcycle Safety-Overtime for grant funded law enforcement operations conducted by appropriate 1
department personnel.
Pedestrian and Bicycle Enforcement-Overtime for grant funded law enforcement operations 1
conducted by appropriate department personnel.
Benefits OT @ 10.4%-Overtime benefits 1
Workers Compensation 8.50%
Medicare 1.45%
Non-Industrial Disability 0.45%
T• VEL 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 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.
CONT' CTUAL SERVICES
EQ UMENT
Electronic Citation Data Collection System-a traffic citation database system,using a hand-held 1
device,to collect citation data electronically in the field,print a violator copy of the citation,and
transfer the information electronically to the agency ' S system and the courts for prosecution. 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 devices,with mag-strip readers,fingerprint
readers,audio recorder,camera,docking/charging station,software,licenses,accessories,training,and
associated shipping and taxes.
OTHER DIRECT COSTS
Printing/Duplication-costs include the purchase of paper,production,printing and/or duplication of 1
materials associated with daily grant operations. Informational materials for education and public
dissemination w/OTS campaign messages.
INDIRECT COSTS
STATEMENTS/DISCLAIMERS
Program Income default statement:
There will be no program income generated from this grant.
8/30/2019 10:14:44 AM Page 8 of 15
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.
8/30/2019 10:14:44 Page 9 of 15
State of California–Office of Traffic Safety
GRANT NUMBER
G' T AGREE I NT
PT20022
Exhibit A
CERTIFICATIONS AND ASSURANCES
HIGHWAY SAFETY GRANTS
(23 U.S.C.CHAPTER 4 AND SEC.1906,PUB.L.109-59,AS ENDED)
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 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 CFR part 27;
• The Age Discrimination Act of 1975,as amended,(42 U.S.C. 6101 et seq.),(prohibits discrimination on the basis
of age);
• The Civil Rights Restoration Act of 1987,(Pub. L. 100-209),(broadens scope,coverage and applicability of Title
VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation
Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or
activities of the Federal aid recipients,subrecipients and contractors,whether such programs or activities are
Federally-funded or not);
• Titles II and 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;
8/30/2019 10:14:44 • Page 10 of 15
• Executive Order 12898,Federal Actions to Address Environmental Justice m 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 TSA's access to records,accounts,
documents,information,facilities,and staff,and to cooperate and comply with any program or compliance
reviews,and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
under these Non-Discrimination Authorities and this Assurance;
• Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
"During the performance of this contract/funding agreement,the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations,as may be amended from time to
time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation,as set forth in appendix B of 49 CFR part 21 and herein;
c. To permit access to its books,records,accounts,other sources of information,and its facilities as
required by the State highway safety office,US DOT or NHTSA;
d. That,in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in
this contract/funding agreement,the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate,including but not limited to
withholding payments to the contractor/funding
recipient under the contract/agreement until the contractor/funding recipient complies; and/or
cancelling,terminating,or suspending a contract or funding agreement,in whole or in part;and
e. To insert this clause,including paragraphs(a)through(e),in every subcontract and sub agreement and
in every solicitation for a subcontract or sub-agreement,that receives Federal funds under this
program.
8/30/2019 10:14:44 Page 11 of 15
POLITICAL ACT TY (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 ' GA' 1 ING FEDE• L LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person
for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or
employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any 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.
' STRICTION 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 ' G ' 1ING DEB• ' 1 NT D 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
voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6.The prospective primary tier participant agrees by submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily
excluded from participation in this covered transaction,unless authorized by the department or agency entering into
this transaction.
7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled
"Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"provided by the department or agency
entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations
for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,
ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A
participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any
prospective lower tier participants,each participant may,but is not required to,check the System for Award
Management Exclusions website(ht ps://www.sam.2ov/).
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
1.By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out
below and agrees to comply with the requirements 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 p. 'cipant 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 be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily
excluded from participation in this covered transaction,unless authorized by the department or agency with which this
transaction originated.
6.The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled
"Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,in all lower tier
covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants
to comply with 2 CFR parts 180 and 1200.
7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,
ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A
participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any
prospective lower tier participants,each participant may,but is not required to,check the System for Award
Management Exclusions website(https://vvww.sam,gov/).
8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause.The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
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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 • I RICA 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 G ' • NT FUNDS TO CHECK FOR HEL I T 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(t)of that section goes on to provide,"A law enforcement officer shall not engage in racial
profiling."
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