HomeMy WebLinkAboutState of California Office of Traffic SafetyState of California - Office of Traffic Safety
GRANT AGREEMENT - Page I
OTS-38 (Rev.4/t4)
* t+ - JSb
GRANI NUMBER
PT1516
I GRANTTtTTn
SELECTTvE Turrrc ENFoRCEMENT pRocRAM (STEP)
q I zçltí
NAME OF APPLICANT Á.GENCY
CITY OFFnnsno
I
4. GRANTPERIOD
From: l0lIl14
To: 9l30l15
AGENCY UNIT TO I-IANDLE GRANT
Fnnsno Por.rcn DErARTMENT (crry oF FRESNo)
3.
5. GRANTDESCRIPTION
To reduce the number of persons killed and injured in crashes involving alcohol and other primary collision
factors, "best practice" strategies will be conducted. The funded strategies may include: DUI checkpoints, DUI
saturation patrols, warrant service operations, stakeouts operations, a "HOT Sheet" program, educational
presentations, and court stings. The program may also concentrate on speed, distracted driving, seat belt
enforcement, operations at intersections with disproportionate numbers of traffic crashes, and special
enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention
thus enhancing the overall deterrent effect.
6. FEDERAL FUNDs ALLocarED UNDER THrs AcREEMENT Ss¡r,r, Nor ExcEED: $ 9661490.00
o Schedule A (OTS-38b) - Problem Statement, Goals and
Objectives and Method of Procedure
o Schedule B (OTS-38d) - Detailed Budget Estimate and
Sub-Budget Estimate (if applicable)
o Schedule C (OTS-38g) - Quarterly Evaluation Data Form
(if applicable)
o Exhibit A {ertifrcations and Assurances
o Exhibit B+ - OTS Grant Program Manual
7. TERMS AND CoNDITtoxs: The parties agree to comply with the terms and conditions of the following which are by this
reference made a pan of the Agreement:
¡ Schedule B-l (OTS-38f) -BudgetNarrative and Sub-
Budget Narrative (if applicable)
*Items shown with an asterisk (+), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the orS home web page under Grants: \Àrvü/_4Esj!asqy.
We, the off,cials named below, hereby swear under penaþ 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 wrrNESS WHEREOF, this Agreement has been executed by the parties hereto.
559-621-5065
s59-62t-5069
(Dgte)
Puo¡æ: 559-621-2305
e ¡x 559-457 -1541
B. Ar-rrHoruztxc O¡nlcnl on Appucalt Act¡rcy
. Navs: Andrew llall ps<_rr.r¡:
8. APPROVALSIçNATURES
A. GnaxrDlnncron
Neu¡: Mark Van Wyhe
1rrr.. Detective
ADDRESs: 2323 Mariposa Mall
Fresno, CA9372I
C. Frscar, on Accounrrxc OFFrcraL
N¡vr: Courtney Espinoza
1,rru. Fiscal Offrcial
ADDRESS: 2326 Mariposa Mall
Fresno, CA93721
1rrt". CaPtain
FAx:
ADDRESS: 2323 Mariposa Mall
Fresno, CA9372I
Nnve: Fiscal Affairs Bureau
ADDRESS: PO Box l27l
Fresno, CA93715-1271
559-62 1-505 1
559-621-s069
A\rq
(pate)
E-MAIL: Couftney.espinoza@fresno.gov
9. DUNSNuunnn
Du¡¡s #: 071887855
REcIsrEprD 2600 Fresno State, Fresno, CA*o*"ïf %7zr
GnnNrs MIIn E¿.sy - STEP
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1. Pnonr,nnn SrlrrunNr
ln2011, California's traffic fatalities increased 2.6 percent (2,720 vs.2,791), one of the lowest levels since the
federal govemment began recording trafhc fatalities inl975. California's 2011 Mileage Death Rate (MDR) -fatalities per 100 million miles traveled - is 0.87, and marks the third time California has been below 1.0.
California is much better than the national 1.11 MDR. Fatality rates increased,3Yo from 2010 to20Il, and are
projected to increase an additional3io in2012. Those figures are not yet available through the Statewide
Integrated Traffic Reporting System (SWITRS)
Alcohol-impaired driving fatalities (fatalities in crashes involving a driver or motorcycle rider (operator)) with a
blood alcohol concentration (BAC) of 0.08 grams per deciliter (g/dl) or greater matches our historic loi of 774
in 2010 and2011. The 774 figure is the lowest DUI death total ever. As a percent of total fatalities, alcohol-
impaired fatalities decreased ftom 29 percent in 201 0 to 28 percent in 201 I . This number has remained
virtually unchanged in the past five years and DUI arrests have dropped in2011 to 180,212 as compared to
I95,897 in 2010. The 2011 DUI arrest figure represents the lowest DUI arrests since 2002.
For the second year in row, OTS commissioned an observational survey of cell phone use by drivers within the
state, looking for hand-held and hands-free talking as well as texting and other use of mobile devices while
driving' The overall rate was 10.8 percent of drivers on the road using cell phones at any given daylight time, up
ftom7.3 percent in2011. Although observed cell phone use increases were seen across all age groups, 16 to 2l
year olds showed a dramatic rise, doubling from 9 percent to l8 percent.
The problem of drugged driving continues to rise. Based on data from the National Highway Traffic Safety
Administration (NHTSA) 30 percent of all drivers who were killed in motor vehicle crashes in Califomia in
2011 tested positive for legal andlor illegal drugs; a percentage that has been increasing since 2006.
Motorcycle fatalities increased 15 percent from352 in 2010 to 414 in20l1. Projections indicate a similar
number were killed in20l2.
Primary Collisíon Factor: Over the years*, approximately 60 to75 percent of fatal and injury combined
collisions involved the following primary collision factors (PCF): DUI, speed, right-of-w ay, traffrc signal and
sign violations, pedestrian violations and improper turning.
*It should be noted that2012 SWITRS data was not available at the time of this submission
A. Traffic Data Summary:
Using local data (not OTS Rankings or SWITRS), complete the table below.
OTS-38b (Rev.4/14)
Gnaxrs M¿on E.lsy - STEP
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Collision
Tvne
20tt 2012 2013
Collisions Victims Collisions Victims Collisions Victims
Fatal 30 30 28 28 30 30
Iniury 1110 t546 lzt5 r652 tt73 1587
Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured
Alcohol -
Involved
6 103 6 t54 l0 82 l0 115 t9 82 I9 l1s
Hit & Run 4 t39 4 77 8 160 10 r99 9 123 9 t4t
Nighttime
(2100-0259
hours)
7 136 7 t94 10 t39 10 t75 l0 118 t0 r54
Top 3 Primary Collision X'actors Fatal Injury Kitled Injured
#t-Unsafe Speed 5 603 5 334
#2-DUI 7 397 7 T17
#3-Improper Turning Movement 5 28r 5 29r
2. Pnnronpr¿¡cn MEASURES
A. Goals:
1) To reduce the number of persons killed in traffic collisions.
2) To reduce the number of persons injured in traffic collisions.
3) To reduce the number of persons killed in alcohol-involved collisions.
4) To reduce the number of persons injured in alcohol-involved collisions.
5) To reduce the number of persons killed in drug-involved collisions.
6) To reduce the number of persons injured in drug-involved collisions.
7) To reduce the number of motorcyclists killed in traffic collisions.
8) To reduce the number of motorcyclists injured in traffrc collisions.
9) To reduce the number of motorcyclists killed in alcohol-involved collisions.
10) To reduce the number of motorcyclists injured in alcohol-involved collisions.
11) To reduce hit & run fatal collisions.
OTS-38b (Rev.4/14)
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I2)To reduce hit & run injury collisions.
13) To reduce nighuime (2100 - 0259 hours) fatal collisions.
14) To reduce nighttime (2100 - 0259 hours) injury collisions.
l5) To reduce the number of bicyclists killed in traffic collisions.
16) To reduce the number of bicyclists injured in traffic collisions.
17) To reduce the number of pedestrians killed in traffic collisions.
18) To reduce the number of pedestrians injured in traffrc collisions.
B. Objectives:
1) To develop andlor maintain a "HOT Sheet" program to notiSr patrol and traffrc officers to be on the
lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI
convictions by December 31. Updated HOT sheets should be distributed to patrol and traffic officers
monthly.
2) To send any newly hired law enforcement personnel to the NHTSA Standardized Field Sobriety
Testing (SFST) Training by March 31.
3) To send any newly hired law enforcement personnel to the NHTSA Advanced Roadside Impaired
Driving Enforcement (ARIDE) 16 hour POST-certified training by March 31.
4) To send 2 law enforcement personnel to the IACP Drug Recognition Expert (DRE) training program
by March 31.
5) To conduct 60 DUI/DL Checkpoints.
6) To conduct 18 DUI Saturation Patrols.
7) To conduct ! Court Sting operation(s) to cite individuals driving from court after having their
driver's license suspended or revoked.
8) To conduct 20 Warrant Service operation(s) targeting multiple DUI offenders who violate probation
terms or fail to appear in court.
9) To conduct 20 Stakeout operation(s) that employ police officers to observe the "worst of the worst"
repeat DUI offender probationers with suspended or revoked driver licenses.
OTS-38b (Rev.4/14)
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l0) To conduct 20 Traffic Enforcement operation(s), including but not limited to, primary collision
factor violations.
11) To conduct 12 Distracted Driving enforcement operation(s) targeting drivers using hand held cell
phones and texting.
l2)To conduct 10 highly publicized Motorcycle Safety enforcement operation(s) in areas or during
events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI,
following too closely, unsafe lane changes, improper turning, and other primary collision factor
violations by motorcyclists and other drivers.
13) To participate in the National Distracted Driving Awareness Month in April.
l4) To participate in the Statewide Click It or Ticket mobilization period in May.
15) To conduct 10 speed enforcement operations in identified areas of high bicycle and pedestrian
traffic.
16) To establish a comprehensive continuing public education program to reduce bicycle and pedestrian
collisions.
l7) To collaborate with the county's Avoid Coalition by: participating in all planning/ scheduling
meetings and MADD/Avoid DUI Seminars; providing your agency's schedule of operations that
occur during any Avoid campaign; and reporting your agency's DUI arrests & DUI fatality
information during any Avoid campaign.
18) To collect and report DUI enforcement data for the NHTSA Winter and Summer Mobilizations:
l9) To provide 4 traffic safety presentations/assemblies to local high schools.
20) To conduct fuiedestrian enforcement operations targeting impaired pedestrians.
NOTE: Nothing in this "egreement" shall be interpreted as a requirement, formal or informal, thqt a
particular police fficer issue a specffied or predetermined number of citations in pursuance of the
goals and objectives hereunder.
NOTE: To enhance the overall deteruent effect and promote highvisibility, it is recommended the
grantee issue an advance press release þr each checkpoint operation. For combination DUI/DL
checlEoints, departments should issue press releases that mention DL's will be checked at the DUI/DL
checþoint. Signs for DUI/DL checkpoint operations should reqd "D(JI/Driver's License Chect+point
Ahead." OTS does notfund or support independent DL checþoints. Onty on an exception bqsis ond
with OTS pre-approvctl will OTS fund checlqoint operations that begin prior to 1800 hours.
OTS-38b (Rev.4/14)
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3. MnrHoo onPnocnounu
A. (1't euarter of Grant year)
o The police department will develop operational plans to implement the "best practice" strategies
outlined in the objectives section.
o 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.
o In order to develop/maintain the "Hot Sheets," research will be conducted to identifu 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 traffrc and patrol officers at least monthly.
o Implementation of the STEP grant activities will be accomplished by deploying personnel at high
collision locations.
Media Requirements
o 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
Offrcer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the
issuance date ofthe release.
B. Phase 2 - Program Operations (Throushout Grant Year)
o The police department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.
Media Requirements
. Send all grant-related activity press releases, media advisories, alerts and general public materials to
the OTS Public Information Officer (PIO) at pio@.ots.ca.sov, with a copy to your OTS Coordinator.
a) If an OTS template-based press release is used, the OTS PIO and Coordinator should be copied
when the release is distributed to the press. If an OTS template is not used, or is substantially
changed, a draft press release should first be sent to the OTS PIO for approval. Optimum lead
time would be 10-20 days prior to the release date to ensure adequate turn-around time.
OTS-38b (Rev.4/14)
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b) Press releases reporting the results of grant activities such as enforcement operations are exempt
from the recommended advance approval process, but still should be copied to the OTS PIO and
Coordinator when the release is distributed to the press.
c) 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.
o Use the following standard language in all press, media, and printed materials: Funding for this
program was provided by a grant from the California Offrce of Traffic Safety, through the National
Highway Traffic Safety Administration.
o Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a
short description of any significant grant-related traffic safety event or program so OTS has sufficient
notice to arrange for attendance and/or participation in the event.
o Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts, artwork,
trailer graphics, etc.) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval
14 days prior to the production or duplication.
o Include the OTS logo, space permitting, on grant-funded print materials; consult your OTS
Coordinator for specifics.
c. Phase 3 - Data collection & Reportins (Throughout Grant year)
. Agencies are required to collect and report quarterly, appropriate datathat supports the progress of
goals and objectives.
o Statistical datarelating to the grant goals and objectives will be collected, analyzed. and incorporated
in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include
year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting
form will be completed each quarter and submitted as part of the QPR.
o Reports will compare actual grant accomplishments with the planned accomplishments. They will
include information concerning changes made by the Grant Director in planning and guiding the
grant efforts.
o Reports shall be completed and submitted in accordance with OTS requirements as specified in the
Grant Program Manual.
4. Mnrnon oFEvALUATToN
oTS-38b (Rev.4/14)
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5.
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 sunmary
of the grant's accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation why objectives were not completed.
Aourxrsrn,ltrvE SuppoRT
This program has full support of the City of Fresno. Every effort will be made to continue the activities after
the grant conclusion.
OTS-38b (Rev. 4/14)
SCHEDULE B
DETAILED BUDGET ESTIMATE
GRANTNO. PTI5I6
FUNDNUMBER
CATALOGNUMBER
(CFDA)FUND DESCRIPTION TOTALAMOUNT
405d AL 20.616 NATIONAL PRIORITY SATETY PROGRAMS $ 796,433.00
402 PT 20 600 STATE AND COMMUNITY HIGHWAY SAFETY $ 170,057.00
COST CATEGORY
FISCAL YEAR ESTIMATES TOTAL COST TO
GRANT
{. PERSONNEL COSTS
CFDA FY-I
l0/1/14 tïttt 9l30l15
Positions and Salaries
Overtime
DUI Saturations
DUI Checkpoints
Stakeout Operations
Court Stings
Warrant Service Operations
Benefits 1.45%
Irafftc Enforcement Operations
Distracted Driving Operations
Motorcycle Operations
Benefits 1.45%o
20.616
20.616
20.616
20.616
20.616
20.616
20.600
20.600
20.600
20.600
$ 139,414.00
$ 464,1 18.00
$ 43,700.00
s 6,242.00
$ 72,828.00
$
$
$
10,53 1.00
72,833.00
43,700.00
43,700.00
2,324.00
$
$
$
$
s
139,414.00
464, I 18.00
43,700.00
6,242.00
72,828.00
10,53 1.00
72,83 3.00
43,700.00
43,700.00
2,324.00
$
$
$
latesorv Sub-Total $ 899.390.00 $ 899.390.00
B. TRAVELEXPENSE
ln-State
Out of State
20.616
20.600
$
$
2,000.00
3,000.00
$
$
2,000.00
3,000.00
latesorv Sub-Total $ 5,000.00 $ 5.000.00
CONTRACTUAL SERVICES
Multi Media 20.616 s 4,000.00 $ 4,000.00
latesory Sub-Total $ 4,000.00 $ 4,000.00
D. EOUIPMENT
)UI Vehicle
!ight Tov/er
20.6t6
20.616
$ 45,000.00
$ 8,600.00
$ 45,000.00
$ 8,600.00
latesorv Sub-Total s 53.600.00 $ 53.600.00
E. OTHERDIRECTCOSTS
Educational Materials
Networking
Printing/Duplication
20.600
20.600
20.600
s 1,000.00
$ 2,500.00
$ 1,000.00
$ 1,000.00
$ 2,500.00
$ 1.000.00
atesorv Sub-Total $ 4.500.00 $ 4.500.00
F. TNDIR.ECT COSTS
Vone
lateeory Sub-Total $$
GRANT TOTAL $ 966,490.00 $ 966,490.00
OTS-38d (Rev. 6/14)
SCI{EDULE B
DETAILED SUB BUDGET ESTIMATE
GRANTNO. PTl5I38
FTIND NUMBER
CATALOG
NUMBER (CFDA)FLTND DESCRIPTION
TOTAL
AMOTINT
405d AL 20.616 NATIONAL PRIOzuTY SAFETY PROGRAMS $4,000.00
COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST
TO GRANT
A. PERSONNEL COSTS
CFDA
FY-1
t0lUt4
thru
9l30l1s
None
B. TRAVEL EXPENSE
None
Category Sub-Total s $
C. CONTRACTUAL SERVICES
None
Catesorv Sub-Total s $
D. EQUIPMENT
None $$
Oatesory Sub-Total $$
E. OTHER DIRECT COSTS
Multi Media 20.6t6 $ 4,000.00 $ 4,000.00
Oatesory Sub-Total s 4.000.00 $$ 4.000.00
F. IIIDIRECT COSTS
None
Catesorv Sub-Total $$
GRANT TOTAL $ 4,000.00 s 4,000.00
OTS-38d (Rev. 6i 14)Page 1 of I
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PBnsoNNBr,
Overtime
Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant,
Sergeant, Corporal, Deputy, Officer, Community Services Offrcer, Dispatcher, etc., depending on the titles
used by the agency and the grantees overtime policy. Persorurel witt be deployed as needed to accomplish
the grant goals and objectives.
Costs are estimated based on an overtime hourly rate range of $26.74lhour to $66.23lhour.
Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to
the maximum range specified.
Overtime Benefit Rates
Medicare 1A5%
TOTAL BENEX'IT RATE 1.45o/"
Tmvnr,Exprxsn
In State
Local mileage for grant activities and meetings is included. Anticipated travel may include the DUID
Seminar and Vehicular Homicide Conference. All conferences, seminars or training not specifically
identified above 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.
Out-Of-State
Appropriate staff may attend Governors Highway Safety Association annual meeting or Lifesavers in
support of the grant goals and objectives. All out-of-state travel not specifically identiJied in the
Schedule B-l (Budget Narrative) must receive written approval from the OTS Director. All travel
claimed must be at the agency øpproved rate. Per Diem may not be claimedfor meals provided at
confer ence s when r e gistration fee s are paid w ith OTS gr ant funds.
CoNrRlcruAr. SERvTcES
Multi Media Presentations- To provide ! high impact traffic safety presentations to convey the message
about the consequences of drinking and driving, distracted driving and making the right choices when
behind the wheel.
Eeurpvrnxr
DUI Vehicle- fully equipped DUI Vehicle to be used for grant purposes.
OTS-38f (Rev.4/t4)
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Light Tower Trailer(s)- trailer with high intensity light fixture(s) mounted on top of a telescoping boom
and powered by a generator to illuminate a wide area for greater visibility during night time hour operations.
Ornnnl)rnncr Cosrs
Educational Materials - used to purchase, develop or print brochures, pamphlets, fliers, coloring books,
posters, signs, and banners associated with grant activities, and traffic safety conference and training
materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional
items may be purchased if approved by OTS.
Networking- Funds will be utilized to obtain network access (connections, air cards, file storage fees) for
DUI enforcement and officers assigned to the project. Included will be the yearly costs for software renewal,
tracking, and monitoring devices.
208.00 monthly for (12) Months
Printing/Duplication - costs include the purchase of paper, production, printing and/or duplication of
materials associated with daily grant operations.
Ixrrnncr Cosrs
None.
PRocn¿,u lNcorun
There will be no program income generated from this grant.
OTS-38f (Rev.4lt4)
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Pnnsoxxnr, Cosrs
None
Trurvnr- Expnxsn
None
Coxrnacru¡. SrRvrcns
None
EeurpunNr
None
OrnpnDrnncr Cosrs
! Multi Media- Will provide traffrc safety presentations/assemblies to local high schools that convey the
message of making smart decisions in life regarding drinking and driving, texting and driving, speeding, racing,
and other issues.
INornnct Cosrs
None
Pnocnapr Iuconan
There will be no program income generated from this grant.
OTS-38f (Rev.7ll2)
eÁrrroßNiÁ
OFFICE sñ TRAFFIC SATETY
ÊXHIBIT A
CERTI FICATIONS AND ASSURANCES
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to
civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR ç18.1-2.
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 L966, as amended
c 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments
o 23 CFR Chapter ll - (551200, L205, 1206, I25O, L25I, & 1252) Regulations governing highway safety programs
o NHTSA Order 462-6C - Matching Rates for State and Community Highway Safety Programs
o Highway Safety Grant Funding Policy for Field-Administered Grants
Certifications and Assurances
The Grantee Agency will implement activities in support of national highway safety goals to reduce motor vehicle
related fatalities that also reflect the primary data-related crash factors within the State as identified by the State
highway safety planning process, including:
o National law enforcement mobilizations,
r Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of
posted speed limits,
o An annual statewide safety belt use survey in accordance with criteria established by the Secretary for the
measurement of State safety belt use rates to ensure that the measurements are accurate and representative,
o Development of statewide data systems to provide timely and effective data analysis to support allocation of
highway safety resou rces.
The Grantee Agency shall actively encourage all relevant law enforcement personnel in the State to follow the guidelines
established for vehicular pursuits issued by the lnternational Association of Chiefs of Police that are currently in effect.
(23 usc 402 (b) (1) (E)
Other Federal Requirements
Cash disbursements and balances will be reported in a timely manner as required by NHTSA. (49 CFR 18.21)
The same standards of timing and amount, including the reporting of cash disbursement and balances, apply to grantees
as they do the State. (49 CFR 18.41)
Failure to adhere to these provisions may result in the termination of State drawdown privileges.
Equipment acquired under this Grant Agreement for use in highway safety program areas shall be used and kept in
operat¡on for highway safety purposes by the Grantee Agency; or the State, by formal agreement with appropriate
1 | Certifications and Assurances (Rev. 6/12)
CATITORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
officials of a political subdivision or State agency, shall cause such equipment to be used and kept in operation for
highway safety purposes (23 CFR 72OO.2Il;
The Grantee Agency will comply with all applicable State procurement procedures and will maintain a financial
management system that complies with the minimum requirements of 49 CFR 18.20;
Federal Funding Accountability and Transparency Act
The State will comply with FFATA guidance, OMB Guidance on FFATA Subaward and Executive Compensation Reporting,
August 27,2OL0,
(https://www.fsrs.gov/documents/OM B_G uida nce_on_FFATA_subaward_and_Executive_Compensation_Reporting_08
272O1O.pdf) by reporting to FSRS.gov for each sub-grant awarded:
o Name of the entity receiving the award;
¡ Amount of the award;
o lnformation on the award including transaction type, funding agency, the North American lndustry Classification
System code or Catalog of Federal Domestic Assistance number (where applicable), program source;
o Location of the entity receiving the award and the primary location of performance under the award, including the
city, State, congressionaldistrict, and country;, and an award title descriptive of the purpose of each funding action;
o A unique identifier (DUNS);
o The names and total compensation of the five most highly compensated officers of the entity if-- of the entity
receiving the award and of the parent entity of the recipient, should the entity be owned by another entity;
(i) the entity in the preceding fiscal year received-
(l)80 percent or more of its annualgross revenues in Federalawards; and(ll)S25,000,000 or more in annual
gross revenues from Federal awards; and(ii) the public does not have access to information about the
compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of L934 (1-5 U.S.C.78m(a), 78o(d))or section 6104 of the lnternal Revenue Code of
1986;
o Other relevant information specified by OMB guidance.
The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination.
These include but are not limited to: (a) Title Vl of the Civil Rights Act of 1964 (P.1. 88-352) which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title lX of the Education
Amendmenls of t972, as amended (20 U.S.C. SS 1681-1683, and 1685-1686), which prohibits discrimination on the basis
of sex; (c) Section 504 of the Rehabilitation Act of L973, as amended (29 U.S.C. 5794) and the Americans with Disabilities
Act of t99O (42 USC S 12101, et seq. PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR
Part2Tl; (d)the Age Discrimination Act of L975, as amended (42 U.S.C. SS 6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.1. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.1. 91--616), as amended, relating to nondiscrimination on the basis of
alcohol abuse and alcoholism; (g) SS 523 and 527 of the Public Health Service Act of L9L2 (42 U.S.C. SS 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcoholand drug abuse patient records; (h)Title Vlllof the Civil Rights
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Act of 1968(42 U.S.C. SS 3601et seq.), as amended, relating to nondiscrimination in the sale, rentalorfinancing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance ís being made; The Civil Rights Restoration Act of 1987, which provides that any portion of a state or local
entity receiving federal funds will obligate all programs or activities of that entity to comply with these civil rights laws;
and, U) the requirements of any other nondiscrimination statute(s) which may apply to the application.
The Drug-free Workplace Act of 1988 (41 U.S.C. 7O2;l:
The Grantee Agency will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
!. The dangers of drug abuse in the workplace.
2. The grantee's policy of maintaining a drug-free workplace.
3. Any available drug counseling, rehabilitation, and employee assistance programs.
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace.
c. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the
statement required by paragraph (a).
d. Notifying the em ployee in the statement req uired by pa ragra ph (a) that, as a condition of employment under
the grant, the employee will:
L Abide by the terms of the statement.
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction.
e. Notifying the agency within ten days after receiving notice under subparagraph (d) (2) from an employee or
otherwise receiving actual notice of such conviction.
f. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d) (2), w¡th respect
to any employee who is so convicted:
1.. Taking appropriate personnel action against such an employee, up to and including termination.
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitat¡on program
approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate
agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f)above.
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Buy America Act
The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)) which contains the
following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased with Federalfunds unless
the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest;
that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-
domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation.
Political Activity (Hatch Act)
The Grantee Agency will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. 55 1501--1508 and 7324-
7328) which limit the political activities of employees whose principal employment activities are funded in whole or in
part with Federal funds.
Certification Regarding Federal Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The Grantee Agency official certifies, to the best of his or her knowledge and belief, that:
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.
lf 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 Grantee Agency official shall require that the language of this certification be included in the award
documents for all sub-award at alltiers (including sub-contracts, sub-grants, and contracts undergrant, loans,
and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than S1,0,000 and not more than 5100,000 for each such failure.
1,.
2.
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or
local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local
legislative body. Such activ¡ties include both direct and indirect (e.g., "grassroots") lobbying activities, with one
exception. Thís 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
I nstructions for Prima ry Certification
t. By signing and submitting this Grant Agreement, the Grantee Agency official is providing the certification set out
below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The Grantee Agency official shall submit an explanation of why it
cannot provide the certification set out below. The certification or explanation will be considered in connection
with the department or agency's determination whether to enter into this transaction. However, failure of the
Grantee Agency official to furnish a certification or an explanation shall disqualify such person from participation
in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. lf it is later determined that the Grantee
Agency official knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for cause or default.
4. The Grantee Agency official shall provide immediate written notice to the department or agency to which this
Grant Agreement is submítted if at any time the Grantee Agency official learns its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the
department or agency to which this Grant Agreement is being submitted for assistance in obtaining a copy of
those regulations.
6. The Grantee Agency official agrees by submitting this Grant Agreement that, should the 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 Grantee Agency official further agrees by submitting this Grant Agreement that it will include the clause
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titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-LowerTier Covered
Transaction," provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal
Procurement and Non-procurement programs.
9' Nothing conta¡ned in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal Government, the department or agency
may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
Primary Covered Transactions:
L. The Grantee Agency official certifies to the best of its knowledge and belief, that its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency;
b. Have not within a three-year period preceding this Grant Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of record, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) wíth commission of any of the offenses enumerated in paragraph (1Xb) 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 Grantee Agency official is unable to certify to any of the Statements in this certification, such Grantee
Agency official shall attach an explanation to this Grant Agreement.
lnstructions for Lower Tier Certification
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1'. By signing and submitting this Grant Agreement, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. lf it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/ or debarment.
The prospective lower tier participant shall provide immediate written notice to the person to which this Grant
Agreement is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meanings set out in the Defin¡tion and Coverage sections of 49 CFR Part 29. You may contact the person to
whom this Grant Agreement is submitted for assistance in obtaining a copy of those regulations.
The prospective lower tier participant agrees by submitting this Grant Agreement that, should the proposed
covered transaction be entered ¡nto, 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 transact¡on, unless authorized by the
department or agency with which this transaction originated.
The prospective lower tier participant further agrees by submitting this proposal that is it will include the clause
titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion -- Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions. (See below)
A participant in a covered transaction may rely upon a certification of a prospective participant in a lowertier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal
Procurement a nd Non-procurement Programs.
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.
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, ín addition to other remedies available to the Federal government, the department or agency
3.
4.
5.
6.
7
8.
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with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion -
Lower Tier Covered Transactions:
L. The prospective lower tier participant certifies, by submission of this Grant Agreement, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements ¡n this certification,
such prospective participant shall attach an explanation to this Grant Agreement.
Policy to Ban Text Messaging While Driving
ln accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT
order 3902.10, Text Messaging while Driving, Grantee Agencies are encouraged to:
1'. Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving including policies
to ban text messaging while driving-
a. Company-owned or-rented vehicles, or Government-owned, leased or rented vehicles; or
b. Privately-owned when on official Government business or when performing any work on or on behalf of the
Government.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as-
a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging
while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated with texting while
driving.
Environmental lmpact
The Grantee Agency official has reviewed the Grant Agreement and hereby declares that no significant environmental
impact will result from implementing this traffic safety program. lf, under a future revision, this program will be
modified in such a manner that a program would be instituted that could affect environmental quality to the extent that
a review and statement would be necessary, thís office is prepared to take the action necessary to comply with the
National Environmental Policy Act of 1969 (42 USC 4321et seq.) and the implementing regulations of the Council on
Environmental Quality (40 CFR parts 1_500-15L7).
8 I Certifications-qnd Assurances (Rev. 6/12)
...-. ì '.. ¡II\-.,