HomeMy WebLinkAboutApprove, accept and authorize execution of the Selective Tra City of Huntington Beach Ab ft D 7-a
File #: 18-282 MEETING DATE: 9/4/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
Subiect:
Approve, accept and authorize execution of the Selective Traffic Enforcement Program (STEP)
Safety Grant from the California Office of Traffic Safety (OTS); and, approve appropriations
Statement of Issue:
On August 8, 2018, the Police Department received notice from the California Office of Traffic Safety
(OTS) that the City of Huntington Beach was tentatively awarded a new one-year traffic safety grant.
The Selective Traffic Enforcement Program (STEP) Grant provides funding in the amount of
$550,000. These funds are intended to reimburse costs associated with Sobriety/Driver License
checkpoints, one full-time DUI officer, multi-faceted traffic enforcement details, and computers for
motor officers. These events are designed to reduce traffic collisions, injuries, and fatalities through
enforcement, education, and media attention.
Financial Impact:
This one-year reimbursable grant is funded by the California Office of Traffic Safety. The amount of
$550,000 is to be utilized between October 1, 2018, and September 30, 2019. The appropriation
request is fully offset by the estimated revenues from the grant.
Recommended Action:
A) Approve and accept the OTS STEP Grant agreement #PT19050 between OTS and the City of
Huntington Beach for $550,000; and,
B) Increase appropriations by $550,000 plus accrued interest in the Police Department for the grant
and authorize the Chief of Police to execute the grant agreement with OTS.
Alternative Action(s):
Do not approve and direct staff accordingly.
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File #: 18-282 MEETING DATE: 9/4/2018
Analysis:
The City of Huntington Beach has always been concerned with the safe and efficient movement of
vehicular, bicycle, and pedestrian traffic on our highways, streets and bike paths. The City of
Huntington Beach is currently going through several development projects, some of which will add to
both seasonal and year-long traffic related issues.
In 2016, the Huntington Beach Police Department arrested over 902 DUI drivers. This grant will
allow us to use progressive and innovative enforcement techniques to increase our DUI enforcement
efforts.
In addition to the DUI enforcement, we will be working to improve our ranking in several of the Office
of Traffic and Safety categories. The most recent OTS statistics indicate Huntington Beach is fifth (5
th) out of 57 comparable cities for alcohol involved collisions and ranks fifth (5th) for bicyclist involved
collisions. Huntington Beach also ranks 22n1 for total fatal and injury collisions, drivers who had been
drinking under 21 years of age, motorcycle involved, pedestrians over 65 years of age, bicyclists
under 15 years old, speed related, and nighttime collisions (9:00 PM to 3:00 AM). We are seeking to
use the proposed funding to increase traffic enforcement actions and work to identify behaviors that
contribute to the root causes of collisions. Further, we would like to provide additional methods of
education to inform the public that careless and negligent behaviors will result in drastic
consequences to themselves, their passengers, or other affected citizens in and around our
roadways.
This particular grant will reimburse the City of Huntington Beach for expenditures associated with
Sobriety/Driver License Checkpoints, one full-time DUI officer, and a variety of traffic related details.
OTS will administer and handle the grant funds for the Selective Traffic Enforcement Program.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Email from OTS notifying the Police Department of the tentative grant award
2. Grant Agreement for OTS STEP Grant#PT19050
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Ono, Ingrid
From: Baldwin, Kathy
Sent: Thursday, August 09, 2018 8:16 AM
To: Ono, Ingrid
Subject: FW: Office of Traffic Safety Grant — Signature Required
Attachments: Grant Agreement- PT19050.pdf
FYI
-----Original Message-----
From: Nichole Aston<nichole.aston@ots.ca.gov>
Sent: Wednesday,August 08, 2018 4:36 PM
To: Handy, Robert<Robert.Handy@hbpd.org>; Baldwin, Kathy<KBaldwin@hbpd.org>; Mendez,Julio
<JMendez@hbpd.org>
Subject: Office of Traffic Safety Grant—Signature Required
Dear Grantee,
The attached final grant agreement document is ready for your agency's signatures.
Instructions:
1. Print one copy of the attached final grant agreement PDF. Please be sure the attached document is the only version
that is routed for signatures.
2. Obtain signatures of the Grant Director,Authorizing Official, and Fiscal or Accounting Official (Page 1, Box 8A-C).
a. Ensure the individuals listed are authorized to sign on behalf of your agency and can bind the agency into a contract.
b.Only the person whose name appears can sign.
c. No one can sign for another individual.
d. White-out is not permitted.
3. Mail the signed grant agreement(original hard copy)to OTS at 2208 Kausen Drive, Suite 300, Elk Grove, CA, 95758,
4. If you cannot return the signed grant agreement by September 14,2018, please contact your Program Coordinator.
If you have any questions, please contact your Program Coordinator, Nichole Aston at(916) 509-3019 or email
n i c h of e.a sto n@ ots,ca.gov.
62 1
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT19050
1. GRANT TITLE
Selective Traffic Enforcement Program STEP
2. NAME OF AGENCY 3. Grant Period
Huntington Beach
4. AGENCY UNIT TO ADMINISTER GRANT From: 10/01/2018
Huntington Beach Police Department To: 09/30/2019
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving
alcohol and other primary collision factors.The funded strategies may include impaired driving enforcement,
enforcement operations focusing on primary collision factors,distracted driving, night-time seat belt enforcement.
special enforcement operations encouraging motorcycle safety,enforcement and public awareness in areas with a high
number of bicycle and pedestrian collisions,and educational programs.These strategies are designed to earn media
attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $550,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this
reference made a part of the Agreement:
• Schedule A—Problem Statement,Goals and Objectives and Method of Procedure
• Schedule B—Detailed Budget Estimate and Sub-Budget Estimate(if applicable)
• Schedule B-1 —Budget Narrative and Sub-Budget Narrative(if applicable)
• Exhibit A—Certifications and Assurances
• Exhibit B*—OTS Grant Program Manual
*Items shown with an asterisk(*),are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We,the officials named below,hereby swear under penalty of perjury under the laws of the State of California that we are duly
authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY
NAME: Julio Mendez PHONE: (714)374-1610 NAME: Robert Handy PHONE: 714-536-5903
TITLE: Sergeant FAX: TITLE: Chief of Police
FAX:
ADDRESS: 2000 Main St. ADDRESS: 2000 Main St.
Huntington Beach,CA 92648 Huntington Beach,CA 648
EMAIL: jme uhb d.org EMAIL: rhandy a bpd.org
(Signature) (Date) (Signature) (Date)
C. FI AL OR ACCOUNTING OFFICAL D. AUTHOR I7ING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Kathy Baldwin PHONE: (714)536-5935 NAME: Rhonda L.Craft PHONE: (916)509-3030
TITLE: Accounting Technician II FAX: TITLE: Director FAX: (916)509-3055
ADDRESS: 2000 Main Street ADDRESS: 2208 Kausen Drive,Suite 300
Huntington Beach,CA 92648 Elk Grove,CA 95758
EMAIL: kbaldwinn_,a,,hbpd.org E IL: rhonda.craftnot
A-Ae(Si nature (Date) (Sr ure) D
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION
NAME: Carolyn Vu DUNS#:078143948
ADDRESS: 2208 Kausen Drive.Suite 300 REGISTERED ADDRESS:2000 Main St.
Elk Grove,CA 95758 CITY:Huntington Beach ZIP+4:92648-2702
8/8/2018 4:34:52 PM Page 1 of 16
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164-AL-19 20.608 0521-0890-101 2018 2018 29/18 $390 000.00
402PT-19 1 20.600 1 0521-0890-101 2018 2018 29/18 $160000.00
AGREEMENT $550,000.00
TOTAL
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for $550,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
the current budget year are available for the period and purpose of the
expenditure stated above. AGREEMENT
$0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE
SIG ED
7 d $550,000.00
8/8/2018 4:34:52 PM Page 2 of 16
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PT19050
Schedule A
1. PROBLEM STATEMENT
Problem Statement
Huntington Beach is a unique city given its population(avg.residential 200,809),continued growth,ocean front,large
entertainment district,traffic volume,and visitors(Est. 16 million beach visitors annually). We have annual public
events which draw tens of thousands of people to a confined area. These include the HB Marathon,HB Triathlon(new
event),AVP Volleyball competition,4`l'of July parade and firework show,US Open of Surfing(9 day event),weekly
Main Street Fair,two day Jazz festival,car shows,Breitling Huntington Beach Airshow with an attendance estimated
at 550,000 over three days(1"year US Air Force Thunderbirds and 2nd year,in 2017 United States Navy-Blue
Angels), and many others. People travel from all over California and the surrounding states to attend these events.
A study of over 902 DUI arrests from 2016 showed that about 55%of our DUI drivers do not reside in Huntington
Beach(5 %would not tell officers where they live). We hypothesize that the number of traffic violators who do not
live in Huntington Beach would be a similar number. There is a significant increase in traffic volume on our streets
and highways during work hours and seasonal times. This in turn results in congested roadways, minimal parking,and
frustrated drivers. Many of these public events serve alcohol or are in close proximity to our downtown or mall
entertainment districts where there is a high number of ABC controlled establishments. Historically,we have assumed
that many of our DUI drivers came from the downtown entertainment district.However,we found that only about 14%
of all DUI drivers arrested in 2016 came from one of the downtown establishments(however,there were quite a few
subjects who did not want to say where they were coming from). While that is a significant number for an area less
than one half square mile, it leaves almost 30 square miles of roadways and highways available for DUI drivers to
travel on. To properly locate and arrest these offenders,we need additional dedicated DUI traffic officers available to
patrol this greater area.
While DUI arrests had been trending down in Huntington Beach in years past,this last calendar year of 2017 we had a
high number of DUI arrests at 803. In 2014 the Huntington Beach Police Department had 752 DUI arrests; in 2015 we
had 974 DUI arrests,which was a 22%increase from the year before. In 2016 we had 902 DUI arrests,that was a 17%
increase from 2014 and a 7%decrease from 2015.In 2016 we had 15 fatal traffic collisions with a total of 16
victims. The primary collision factor was alcohol involvement in 3 of the fatal collisions. There was alcohol and/or
drugs involved in 8 of the 15 fatal collisions. Given these numbers,the victims have been bicyclists 1,pedestrians 5,
and motorcyclists 2,Hit and.Run 0, and automobiles 14. During our investigations,we found that a significant number
of involved parties had some level of alcohol in their systems.
Beginning in late 2013,we began analyzing all DUI arrest reports and collecting data from a greater number of
categories. This helped us to paint a more realistic, accurate,and timely picture of the gravity of our DUI
problem. We were able to better direct grant resources to the modes of transportation commonly involved in injury and
fatal collisions. We have made alcohol enforcement a higher priority than years past and embraced the educational
component with greater strength. By using social media, we have begun to educate the public,notifying them of rising
trends,and creating awareness of the true gravity of our local issues. This has resulted in our HBPD Facebook page
being one of the most"Followed"and"Liked"compared to other larger Southern California police agencies. By
reevaluating entertainment permits and business licenses,involving vice and ABC investigations, analyzing citizen
complaints,and having a crime analyst mapping problem locations,we have been able to identify trends and are being
proactive with problematic business.
DUI's are always an ongoing challenge-our current issues are addressing the fact we are still ranked#5 out of 57
cities for alcohol involved collisions(according to the latest OTS stats from 2015). In 2015,we were ranked higher in
the following categories:composite category#15 up from#21,drivers 21-34 who had been drinking we ranked#8
(was#32)and drivers<21 who had been drinking we ranked#8(was#19).We actually went down in the following
categories: collisions involving motorcycles#15 (was#11),pedestrians#26(was#17)and bicyclists#5 (was#3). In
2015,we were ranked#54 in DUI arrests and 2014#5 1. To us,these are some significant rankings in some key
categories and alcohol appears to be the common denominator. The 2014 OTS rankings indicate a greater problem
with motorists,pedestrians,and bicyclists who frequent our roadways. It seems that some DUI drivers acknowledge
their violations;they simply rationalized their violations away as being a minor offense. As we further investigate the
link with fatal collisions,we saw that drivers didn't think of the"worst case"scenario when their actions resulted in
8/8/2018 4:34:52 PM Page 3 of 16
major injuries or a fatality. We are continuing to explore the driver's decision making processes and how they lead to
these high collision rates for the listed categories. We have seen success in the form of better coverage,more citizen
contacts,more educational events,and significant public relations with the increase of Traffic Enforcement,Distracted
Driving,DUI Checkpoints,DUI Warrants and Stakeouts,CIOT Nighttime and DUI Saturation Patrol categories. We
are seeking funding in these categories as well as the Bicycle and Pedestrian Enforcement Operations and Know Your
Limit to continue to bring awareness and enforcement to the public. In the first quarter of this current grant(FY17-18)
we conducted 38 operations in the three month period:
Traffic Enforcement- 3
Distracted Driving- 3
DUI Checkpoints- 2
DUI Warrants- 3
CIOT Nighttime- 5
DUI Saturation Patrol- 20
Know Your Limit- 2
Past analyses of DUI arrest data has shown 40%of our arrestees were from Huntington Beach,while the majority,
55%,was from surrounding cities and outside counties. This is significant in that Huntington Beach is a destination
city and draws many non-residents to our city for events,beaches,parks,residences, and entertainment districts. We
are looking to educate,deter and take enforcement action to reduce our traffic problems. Of the arrests 72%were from
Orange County, 13%from LA County,8%from another California county,and 2%were from out of state. This lets us
know we need to work harder with other agencies to combat those drunk drivers who sometimes travel significant
distances to get to and from our city. That puts many other pedestrians,bicyclists, and motorists in harm's way and
calls for neighboring agencies to take similar action to reach our common goals.
Our hypothesis has shifted slightly from what it was last year. We still believe that it is the motorist's impaired ability
and a poor understanding of current laws that lead to collisions. Our investigations are showing us that there is a
pattern of additional behavior such as distracted driving,safety violations, or some other common PCF violations that
also lead to collisions. Simply issuing citations for these violations doesn't address the problem. It may deter that
particular driver temporarily but doesn't aid others from doing it. If passing motorists see a person get cited,they will
never know what the violation was for and will continue their flawed decision making. These are some of the reasons
why we have developed the Know Your Limit and Choose Your Ride campaigns.The Huntington Beach Police
Department recognizes that the majority of our DUI's are from residents in surrounding cities and counties,so we have
been providing Know Your Limit training to other departments who are commonly referred to us by OTS.During the
FY2016/2017,Officers provided training for Oxnard PD,Escondido PD,OC Health and CSP.We are hoping by
training other agencies we can work together in decreasing DUI's. By increasing our educational efforts and using
electronic sign boards,public service announcements,social media,local publications, and local television,we can
increase awareness and let the public know their actions, or failure to act,are much more common than they think. We
believe when people join together and share a common philosophy,we will be much more successful in drawing
attention to the problems that we have and solicit a safer driver mindset. The impact would be to address the grants
goals and objectives and reduce the number of collisions,as well as the number of injuries and fatalities from the
collisions.
In November of 2016, California voters approved Proposition 64,the California Marijuana Legalization Initiative.In
2018,Prop 64 essentially makes marijuana legal for recreational use and the sales of it.The percentage of DUI
marijuana drivers is unknown at this time,but can potentially have an impact in traffic related collisions.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic collisions.
2. Reduce the number of persons injured in traffic collisions.
3. Reduce the number of pedestrians killed in traffic collisions.
4. Reduce the number of pedestrians injured in traffic collisions.
5. Reduce the number of bicyclists killed in traffic collisions.
6. Reduce the number of bicyclists injured in traffic collisions.
7. Reduce the number of persons killed in alcohol-involved collisions.
8. Reduce the number of persons injured in alcohol-involved collisions.
9. Reduce the number of persons killed in drug-involved collisions.
8/8/2018 4:34:52 PM Page 4 of 16
i
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
l. 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,NHTSA Winter&Summer Mobilization,National Bicycle Safety Month,
National Click it or Ticket Mobilization,National Teen Driver Safety Week,National
Distracted Driving Awareness Month,National Motorcycle Safety Month,National Child
Passenger Safety Week,and California's Pedestrian Safety Month.
3. Develop(by December 31)and/or maintain a" HOT Sheet" program to notify patrol and 12
traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or
revoked license as a result of DUI convictions.Updated HOT sheets should be distributed
to patrol and traffic officers monthly.
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing 6
(SFST)(minimum 16 hours)POST-certified training.
5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving 6
Enforcement(ARIDE) 16 hour POST-certified training.
6. Send law enforcement personnel to the Drug Recognition Expert(DRE)training. 6
7. Send law enforcement personnel to the DRE Recertification training. 12
8. Send law enforcement personnel to SFST Instructor training. 1
9. Send law enforcement personnel to DRE Instructor training. I
10. Conduct DUI/DL Checkpoints.A minimum of 1 checkpoint should be conducted during 4
the NHTSA Winter Mobilization and 1 during the Summer Mobilization.To enhance the
overall deterrent effect and promote high visibility, it is recommended the grantee issue an
advance press release and conduct social media activity for each checkpoint.For
combination DUI/DL checkpoints,departments should issue press releases that mention
DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should
read"DUI/Driver's License Checkpoint Ahead."OTS does not fund or support
independent DL checkpoints.Only on an exception basis and with OTS pre-approval will
OTS fund checkpoints that begin prior to 1800 hours.When possible,DUI/DL Checkpoint
screeners should be DRE-or ARIDE-trained.
11. Conduct DUI Saturation Patrol operation(s). 46
12. Conduct Traffic Enforcement operation(s),including but not limited to,primary collision 72
factor violations.
13. Conduct highly publicized Distracted Driving enforcement operation(s)targeting drivers 40
using handheld cell phones and textin .
14. Conduct highly publicized Motorcycle Safety enforcement operation(s)in areas or during 4
events with a high number of motorcycle incidents or collisions resulting from unsafe
speed,DUI,following too closely,unsafe lane changes,improper turning,and other
primary collision factor violations by motorcyclists and other drivers.
15. Conduct Nighttime(1800-0559)Click It or Ticket enforcement operation(s). 10
16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s)in areas or 15
during events with a high number of pedestrian and/or bicycle collisions resulting from
violations made by pedestrians,bicyclists,and drivers.
17. Conduct Know Your Limit campaigns with an effort to reach members of the community. 6
3. METHOD OF PROCEDURE
A. Phase 1—Program Preparation I"Quarter of Grant Year
8/8/2018 4:34:52 PM Page 5 of 16
• 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 pionots.ca.gov-,and copied to your OTS Coordinator, 14 days prior to
the issuance date of the release.
B. Phase 2—Proeram 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 piona,ots.ca.gov,with a copy to your OTS Coordinator.The
following requirements are for grant-related activities and are different from those regarding any grant
kick-off release or announcement.
• If an OTS-supplied,template-based press release is used,there is no need for pre-approval,
however,the OTS PIO and Coordinator should be copied when at the same time as the release is
distributed to the press.
• If an OTS-supplied template is not used,or is substantially changed,a draft press release shall be
sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release
distribution date,but should be no less than 5 working days prior to the release distribution date.
• Press releases reporting the immediate and time-valued results of grant activities such as
enforcement operations are exempt from the recommended advance approval process,but still
should be copied to the OTS PIO and Coordinator when the release is distributed to the press.
• Activities such as warrant or probation sweeps and court stings that could be compromised by
advanced publicity are exempt from pre-publicity,but are encouraged to offer embargoed media
coverage and to report the results.
• Use the following standard language in all press,media,and printed materials: Funding for this program
was provided by a grant from the California Office of Traffic Safety,through the National Highway Traffic
Safety Administration.
• Email the OTS PIO at pio ,ots.ca.gov and copy your OTS Coordinator at least 30 days in advance,a short
description of any significant grant-related traffic safety event or program so OTS has sufficient notice to
arrange for attendance and/or participation in the event.
• Submit a draft or rough-cut of all printed or recorded material(brochures, posters,.scripts,artwork,trailer
graphics,etc.)to the OTS PIO at piop_ots.ca.gov and copy your OTS Coordinator for approval 14 days
prior to the production or duplication.
• Space permitting, include the OTS logo,on grant-funded print materials;consult your OTS Coordinator for
specifics and format-appropriate logos.
• Contact the OTS PIO or your OTS Coordinator,sufficiently far enough in advance of need,for
consultation when deviation from any of the above requirements might be contemplated
C. Phase 3—Data Collection& Rmortine(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
8/8/20 1 8 4:34:52 PM Page 6 of 16
• 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.
8/8/2018 4:34:52 PM Page 7 of 16
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PTI9oso
Schedule B
FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT
CFDA
164 AL-19 20.608 Minimum Penalties for Repeat $390,000.00
Offenders for Driving While
Intoxicated
402PT-19 20.600 State and Community Highway $160,000.00
Safety
COST CATEGORY CFDA TOTAL COST
TO GRANT
A. PERSONNEL COSTS
Positions and Salaries
Full-Time
DUI Officer 20.608 $125,500.00
Benefits-DUI Officer @ 77.1% 20.608 $96,761.00
Overtime
DUl/DL Checkpoints 20.608 $47,376.00
DUI Saturation Patrols 20.608 $96,278.00
Know Your Limit 20.608 $21,840.00
Traffic Enforcement 20.600 $75,384.00
Distracted Driving 20.600 $41,880.00
Motorcycle Safety 20.600 $4,188.00
Night-time Click It Or Ticket 20.600 $10,470.00
Pedestrian and Bicycle Enforcement 20.600 $15,705.00
Part-Time
$0.00
Category Sub-Total $535,382.00
B. TRAVEL EXPENSES
In State Travel 20.600 $6,073.00
$0.00
Category Sub-Total $6,073.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Radar Trailer 20.600 $6,300.00
Category Sub-Total $6,300.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 20.608 $2,245.00
Category Sub-Total $2,245.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $550,000.00
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State of California—Office of Traffic Safety T GRAN NUMBER
GRANT AGREEMENT TNUM
Schedule B-1
19050
BUDGET NARRATIVE
PERSONNEL COSTS QUANTITY
DUI Officer-The DUI officer will work 100%of time on DUI enforcement and prevention.The DUI 1
officer will identify areas within the City of Huntington Beach where DLJI incidents are prevalent and
perform enforcement activities in these areas for the specific purpose of reducing DUI related
collisions.The DLJI officer will work the shifts(days of the week and times of day)when driving under
the influence is most prevalent.The officer will work with Patrol by aiding other officers as needed,but
will not"take over"another officer's DUI stop.Other Traffic officers will still be expected to continue
their own DUI enforcement as part of their regular patrol function while allowing additional, specific
DUI enforcement to occur by the DUI officer.The officer assigned to this position should,at minimum,
be trained in standardized field sobriety testing(SFST)and Advanced Roadside Impaired Driving
Enforcement(ARIDE),and optimally would be a certified Drug Recognition Expert(DRE).The results
of the DUI officer's enforcement,training, and outreach activities are to be documented in the Quarterly
Performance Report(QPR)including the number of vehicle stops, SFSTs conducted,DUI arrests,other
arrests and citations,DUI trainings/briefings provided and number of officers impacted,public DUI
prevention outreach presentations conducted,and estimated number of citizens impacted.
The DUI officer's duties include,but are not limited to:
Enforcement of DUI related laws
Provide DUI related trainings at briefings
Provide support to Patrol in specific DUI related cases
Participate in community outreach activities which could include public speaking as to the dangers of
driving while under the influence
Any hours worked by the DUI officer that are not related to DUI enforcement or DUI prevention
cannot be charged to the grant.Personnel working 100%of regular time on grant funded activities are
required to complete a semiannual Employee Time Certification Form(OTS-26). If the DUI officers
work any non-DUI activities,they will instead need to complete a Personnel Activity Report(PAR)for
each pay period which accounts for all hours worked and distinguishes the DUI-hours from the non-
DUI-hours.Both the OTS-26 and the PAR forms are to be signed by the employee and a supervisor
with first-hand knowledge of the employee's activities.
Benefits-DUI Officer @ 77.1%-Full Time Benefit Rates TOTAL 77.1% 1
Dental Insurance 1.92
Health Insurance 17.49
Life Insurance 0.15
Long Term Disability 1.00
Retirement 34.84
Social Security/FICA/OASDI 1.45
Vision Insurance 0.34
Workers Compensation 9.84
Holiday 3.85
Retiree Medical 1.42
Supplemental Retirement 4.80
DUI/DL Checkpoints -Overtime for grant funded law enforcement operations conducted by 4
appropriate department personnel.
DUI Saturation Patrols-Overtime for grant funded law enforcement operations conducted by 46
appropriate department personnel.
Know Your Limit-Overtime for grant funded traffic safety presentations or campaigns conducted by 6
appropriate department personnel
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Traffic Enforcement-Overtime for grant funded law enforcement operations conducted by appropriate 72
department personnel.
Distracted Driving-Overtime for grant funded law enforcement operations conducted by appropriate 40
department personnel.
Motorcycle Safety-Overtime for grant funded law enforcement operations conducted by appropriate 4
department personnel.
Night-time Click It Or Ticket-Overtime for grant funded law enforcement operations conducted by 10
appropriate department personnel.
Pedestrian and Bicycle Enforcement-Overtime for grant funded law enforcement operations 15
conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel-Costs are included for appropriate staff to attend conferences and training events 1
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and .
meetings is included. Anticipated travel may include the Governor's Highway Safety Association
conference and the annual International Association of Chiefs of Police DRE conference which are
both scheduled for Anaheim. All conferences,seminars or training not specifically identified in the
Budget Narrative must be approved by OTS.All travel claimed must be at the agency approved rate.
Per Diem may not be claimed for meals provided at conferences when registration fees are paid with
OTS grant funds.
CONTRACTUAL SERVICES
EQUIPMENT
Radar Trailer-Trailer with radar to measure and display the speed of vehicles. Costs may include 1
trailer,computer software, and modifications such as generator,paint,graphics and lighting.
OTHER DIRECT COSTS
DUI Checkpoint Supplies-On-scene supplies needed to conduct sobriety checkpoints. Costs may 1
include 28"traffic cones,MUTCD compliant traffic signs,MUTCD compliant high visibility vests
(maximum of 10),traffic counters(maximum of 2),generator,gas for generators, lighting,reflective
banners, electronic flares,PAS device supplies,heater,propane for heaters,fan,anti-fatigue mats,and
canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages
will not be reimbursed.
INDIRECT COSTS __T
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Salaries may include wages, salaries,special compensations,or authorized absences such as annual leave and sick
leave provided the cost for the individual employee is(a)reasonable for the services rendered,and(b)follows an
appointment made in accordance with state or local laws and rules and meets federal requirements.
Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of
the grantee agency.
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.
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State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT
Exhibit A PT19050
CERTIFICATIONS AND ASSURANCES
HIGHWAY SAFETY GRANTS
23 U.S.C.CHAPTER 4 AND SEC.1906 PUB.L.109-59 AS AMENDED
Failure to comply with applicable Federal statutes,regulations,and directives may subject Grantee Agency officials to
civil or criminal penalties and/or place the State in a high-risk grantee status in accordance with 49
CFR§18.12.
The officials named on the grant agreement,certify by way of signature on the grant agreement signature page,that the
Grantee Agency complies with all applicable Federal statutes,regulations,and directives and State rules,guidelines,
policies and laws in effect with respect to the periods for which it receives grant funding.Applicable provisions include,
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;
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• Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations(prevents discrimination against minority populations by discouraging programs,policies,
and activities with disproportionately high and adverse human health or environmental effects on minority and
low-income populations);and
• Executive Order 131.66,Improving Access to Services for Persons with Limited English Proficiency(guards
against Title VI national origin discrimination/discrimination because of limited English proficiency(LEP)by
ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to
programs(70 FR 74087-74100).
The State highway safety agency—
• Will take all measures necessary to ensure that no person in the United States shall,on the grounds of race,color,
national origin,disability,sex,age, limited English proficiency,or membership in any other class protected by
Federal Nondiscrimination Authorities,be excluded from participation in,be denied the benefits of,or be
otherwise subjected to discrimination under any of its programs or activities,so long as any portion of the
program is Federally-assisted;
• Will administer the program in a manner that reasonably ensures that any of its subrecipients,contractors,
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non-Discrimination Authorities identified in this Assurance;
• Agrees to comply(and require its subrecipients,contractors,subcontractors,and consultants to comply)with all
applicable provisions of law or regulation governing US DOT's or NHTSA's access to records,accounts,
documents,information,facilities, and staff, and to cooperate and comply with any program or compliance
reviews,and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
under these Non-Discrimination Authorities and this Assurance;
• Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
"During the performance of this contract/funding agreement,the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations,as may be amended from time to
time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation,as set forth in appendix B of 49 CFR part 21 and herein;
c. To permit access to its books,records,accounts,other sources of information,and its facilities as
required by the State highway safety office,US DOT or NHTSA;
d. That,in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in
this contract/funding agreement,the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate,including but not limited to
withholding payments to the contractor/funding
recipient under the contract/agreement until the contractor/funding recipient complies;and/or
cancelling,terminating,or suspending a contract or funding agreement,in whole or in part;and
e. To insert this clause,including paragraphs(a)through(e),in every subcontract and sub agreement and
in every solicitation for a subcontract or sub-agreement,that receives Federal funds under this
program.
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POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508),which limits the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts,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.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or
local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local
legislative body.Such activities include both direct and indirect(e.g., "grassroots")lobbying activities,with one
exception.This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials,in accordance with customary State practice,even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant Certification(States)
1.By signing and submitting this proposal,the prospective primary tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
8/8/2018 4:34:52 PM Page 13 of 16
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(https://www.sam.gov/).
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 participant knowingly rendered an
erroneous certification,in addition to other remedies available to the Federal government,the department or agency with
which this transaction originated may pursue available remedies, including suspension or debarment.
3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4.The terms covered transaction, civil judgment,debarment,suspension,ineligible,participant, person,principal, and
voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those
regulations.
5.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered
transaction 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://www.sam.lzov/).
8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause.The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
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9.Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4,suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to
other remedies available to the Federal government,the department or agency with which this transaction originated may
pursue available remedies,
including suspension or debarment.
Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating
in covered transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement(23 U.S.C.313)when purchasing items
using Federal funds.Buy America requires a State,or subrecipient,to purchase with Federal funds only steel,iron and
manufactured products produced in the United States,unless the Secretary of Transportation determines that such
domestically produced items would be inconsistent with the public interest,that such materials are not reasonably
available and of a satisfactory quality,or
that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.In
order to use Federal funds to purchase foreign produced items,the State must submit a
waiver request that provides an adequate basis and justification for approval by the Secretary of
Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C.Chapter 4 grant funds for programs to check helmet usage or
to create checkpoints that specifically target motorcyclists.
LAW ENFORCEMENT AGENCIES
All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section
13519.4,subdivision(e),defines"racial profiling"as the"practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any individualized suspicion of the particular person being
stopped." Then,subdivision(f)of that section goes on to provide,"A law enforcement officer shall not engage in racial
profiling."
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