HomeMy WebLinkAbout- - Authorizing Acceptance of Grant forSTEP - 11/15/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: November 15, 2011 ITEM NUMBER:
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING
ACCEPTANCE OF A GRANT AWARD FROM THE CALIFORNIA OFFICE OF TRAFFIC
SAFETY FOR THE "SELECTIVE TRAFFIC ENFORCEMENT PROGRAM"
DATE: OCTOBER 27, 2011
FROM: POLICE DEPARTMENT- FIELD OPERATIONS DIVISION, TRAFFIC SAFETY BUREAU
PRESENTATION BY: Sergeant David Makiyama, Police Department, Traffic Safety Bureau
FOR FURTHER INFORMATION CONTACT: David Makiyama 714-754-4963
RECOMMENDED ACTION:
1. Adopt Resolution which authorizes the City Manager or his designee, to accept
the grant award from the California Office of Traffic Safety for the "Selective
Traffic Enforcement Program" (S.T.E.P.).
2. Approve Budget Adjustment # 12-004 in the amount of $225,856 to increase
revenue and appropriation for overtime, professional development and
equipment costs associated with the 2012 OTS STEP grant.
BACKGROUND:
The National Highway Transportation Safety Administration distributes federal funding
to California through the Business, Transportation, and Housing Agency and the Office
of Traffic Safety. Grants are used to mitigate traffic safety program deficiencies, expand
on-going programs, or to develop a new program. Grant funding cannot replace
existing program expenditures, nor can traffic safety funds be used for program
maintenance, research, rehabilitation, or construction. The City has applied for several
of these grants in the past and has received funds that have significantly assisted the
objectives of the Traffic Safety Bureau and improved traffic safety in the City of Costa
Mesa.
ANALYSIS:
Since 2005, the Office of Traffic Safety has awarded the Police Department five
significant DUI related grants. The funds associated with these grants have been used
1
to purchase specialized equipment and to pay the cost of personnel working strategic
operations.
As a result of grant funded operations, the Police Department has successfully reduced
key collision related data points. For example, since 2005, the total number of injury
traffic collisions was reduced 19%, from 679 in 2005 to 553 in 2010. The number of
injuries related to these traffic collisions declined by 24%, equating to 219 fewer people
suffering injuries in 2010. The number of DUI injury collisions was reduced 14%, from
63 in 2005, to 54 in 2010.
Each year, the Office of Traffic Safety assembles collision data rankings based on city
population numbers. Costa Mesa is a member of Group B (population 100,001 to
250,000) with 55 other cities. According to the 2009 rankings, Costa Mesa had low
marks in fatal and injury, pedestrian, alcohol, speed, and bicycle related collisions. The
City ranked second lowest in Group B for over-all traffic safety, based upon 2009 data
despite making more DUI arrests than the state average and being fifth in our grouping
in DUI arrests. In spite of our efforts Costa Mesa has been ranked twentieth out of
California's top fifty DUI cities, two years in a row.
Along with injury collisions, impaired driving enforcement has always been a top priority
for the Police Department. Since 1986, the Department has staffed a full-time impaired
driving enforcement team consisting of two officers. As a supplement to the impaired
driving enforcement team, the Department regularly conducts Sobriety/Driver's License
checkpoints and DUI saturation patrols funded by the grant. The checkpoints are
educational, highly visible, and a deterrent.
Police Department staff submitted an application and has received approval for the new
grant which is offered through the California Office of Traffic Safety. The grant will allow
the Police Department to implement the Selective Traffic Enforcement Program
(S.T.E.P). This program will provide a comprehensive approach to reducing the
violations which commonly lead to collisions, while maintaining a focus on impaired and
suspended/unlicensed drivers. Grant funds will be used to staff Sobriety/Driver License
checkpoints and to staff targeted enforcement operations. In addition, funds will also be
used to purchase equipment such as signs, cameras, and educational handouts. The
equipment is vital to achieve the goal to reduce injury collisions, save lives and reduce
liability.
The Police Department's current grant expired on September 30, 2011. The new
S.T.E.P. grant would enable the Police Department to build upon the success achieved
to date, while providing new objectives for increasing traffic safety throughout the City.
The funding will allow the Police Department to combat impaired driving, and enforce
traffic laws aimed at saving lives. New grant objectives include special enforcement of
red light violations, excessive speed violations, motorcycle safety enforcement, and
enforcement at high collision intersections.
Some of the specific project objectives from the grant agreement are as follows:
• To conduct ten (10) DUI/DL checkpoints by September 30, 2012.
• To conduct twenty-four (24) DUI saturation patrols by September 30, 2012.
• To conduct ten (10) special enforcement operations targeting red light violations
by September 30, 2012.
2
• To conduct ten (10) special enforcement operations at or near intersections with
a disproportionate number of traffic collisions by September 30, 2012.
• To conduct nine (9) special enforcement operations targeting drivers exhibiting
excessive speed by September 30, 2012.
• To conduct two (2) highly publicized special motorcycle safety enforcement
operations in an area or during an event 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 by September 30, 2012.
To receive the grant funds, the Office of Traffic Safety requires the City Council adopt a
Resolution agreeing to support the grant goals in their entirety. Office of Traffic Safety
grant funding is based on the federal fiscal year, which begins on October 1 and ends
on September 30. The grant agreement provides funds in the amount of $225,856
which will be utilized over a 12 -month period of time (October 1, 2011 through
September 30, 2012).
ALTERNATIVES CONSIDERED:
None
FISCAL REVIEW:
The attached budget adjustment # 12-004 increases revenue and appropriates the total
expected grant of $225,856 to the Police Department's budget for overtime,
professional development and other direct costs. The grant period is from October 1,
2011 to September 30, 2012.
LEGAL REVIEW:
The City Attorney's Office has reviewed the Grant Agreement and associated documents
and has approved it as to form and content.
CONCLUSION:
Based upon an analysis of the Grant Agreement and the available benefits to the City
offered by the award of the grant, Department staff supports the approval of the above
listed recommendation.
3
A IYAMA
Traffic Safety Bureau Sergeant
Finance Director
DISTRIBUTION:
City Manager
City Attorney
Finance Director
City Clerk
Grant
Administrator
Chief of Police
r
• HOMA UA TE
City Attorney
ATTACHMENTS: 1 Resolution of the City Council
2 Budget Adjustment # 12-004
3 Office of Traffic Safety Grant
Agreement
rd
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AUTHORIZING
APPLICATION FOR, AND ACCEPTANCE OF, A GRANT
AWARD FROM THE CALIFORNIA OFFICE OF TRAFFIC
SAFETY FOR THE "SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM".
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the State of California Business, Transportation & Housing Agency
has made funds available through the Office of Traffic Safety for the "Selective Traffic
Enforcement Program", as set forth in the Grant Agreement; and
WHEREAS, the City of Costa Mesa supports the grant goals and wishes to
participate in the "Selective Traffic Enforcement Program" and
WHEREAS, the City of Costa Mesa has been awarded $225,856.00 in
California Office of Traffic Safety funds for the period of October 1, 2011 through
September 30, 2012; and
NOW, THEREFORE, BE IT RESOLVED that, the City Council of Costa Mesa
hereby approves the application for and acceptance of a grant from the California
Office of Traffic Safety and the City Manager or his designee is hereby authorized to
implement this authorization.
PASSED AND ADOPTED this 15th day of November, 2011.
ATTEST:
Gary Monahan, Mayor
APPROVED AS TO FORM:
Julie Folcik, City Clerk Thomas Duarte, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 12-004 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 15 thday of November, 2011, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 15th day of November, 2011.
(SEAL)
JULIE FOLCIK, CITY CLERK
2
BUDGET ADJUSTMENT AUTHORIZATION
Unit
CITY
Department
Police
Division
Support Services
Serial Number
12-004
Type of Transaction
15400 71022 -
Reason for Request:
® Revenue Estimate
® Expenditure Appropriation
15400 71022 -
® Estimate Increase
❑ Intra -Departmental Transfer
To increase revenue and appropriations for the OTS/Selective
❑ Estimate Decrease
❑ Inter -Departmental Transfer
Traffic Enforcement Program (STEP) grant, as recommended
® Source
❑ Project -To -Project Transfer
to City Council at their November 15, 2011 meeting.
❑ From Existing Budget Appropriations
® Appropriation Increase
® From Donations, Fees, or Grants
❑ Appropriation Decrease
❑ From Unappropriated Fund Balance
Unit Account Name
Fund
Organization Program Project/Grant Increase Decrease
CITY 430299 Other State Grants — OTS/STEP
220
15400 71022 -
$225,856 -
CITY 501400 Overtime
220
15400 71022 -
218,495 -
CITY 510300 Small Tools & Equipment
220
15400 71022 -
4,361 .
CITY 505500 Professional Development
220
15400 71022 -
3,000 _
Department Authorization:
Department Director
Date
Recommendation: ® Approval
Reasons For Disapproval:
Director of Finance
❑ Disapproval
Date
City Manager Action:
❑ Approved ❑ Disapproved
City Manager
❑ Not Required
Date
Budget Verification:
The above information has been reviewed, is complete and accurate,
and/or unappropriated funds are sufficient to support the request.
® Yes ❑ No
Budget and Research Officer
and the appropriations
Date
City Council Action:
❑ Approved ❑ Disapproved
❑ Not Required
Date
CALIFORNIA
OFFICE of TRAFFIC SAFETY
OFFICE OF TRAFFIC SAFETY
GRANT AGREEMENT
Federal Fiscal Year 2012
10/1/2011 - 09/30/2012
Grant Agreement (Rev. 08/11)
Grant Number: 20413
Agency: City of Costa Mesa
Program Area: Police Traffic Services
STATE OF CALIFORNIA - OFFICE OF TRAFFIC SAFETY
GRANT AGREEMENT
(REV. 08/11) GRANT NUMBER
20413
1. This Agreement is entered into between the Office of Traffic Safety and the City of Costa Mesa Police Department.
2. Grant Period: 10/01/2011 to 09/30/2012
3. Federal Funds allocated under this Agreement shall not exceed: $225,856.00
4. Grant Title: Selective Traffic Enforcement Program
5. Grant Description: To reduce the number of persons killed and injured in crashes involving alcohol, speed, red
light running, and other primary collision factors, "best practice" strategies will be conducted on an overtime
basis. The funded strategies may include: DUI/driver license checkpoints to deter potential drunk drivers and to
educate the public; DUI saturation patrols to apprehend drunk drivers; "HOT Sheet" program and court stings. The
program may also concentrate on speed, aggressive driving, seat belt enforcement, intersection operations with
disproportionate numbers of traffic crashes and special enforcement operations encouraging motorcycle safety.
These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference
made a part of the Agreement:
• Exhibit A — Budget Summary, Budget Estimate and Narrative
• Exhibit A1— Sub -Budget Summary, Sub -Budget Estimate and Narrative (if applicable)
• Exhibit B —Goals and Objectives
• Exhibit C — Problem Statement, Method of Procedure
• Exhibit D — Certifications and Assurances
• Exhibit E* — OTS Grant Program Manual
*Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed
at: www.ots.ca.gov/Grants/Grant Administration/Program_Manual.asp
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.
Grantee Agency
By (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
California Office of Traffic Safety
By (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Christopher J. Murphy, Director
ADDRESS
2208 Kausen Drive, Suite 300, Elk Grove, CA 95758
11 Grant Agreement — Standard (Rev. 08/11)
CALIFORNIA
OFFICE of TRAFFIC SAFETY
EXHIBIT A
BUDGET SUMMARY
Grant Number: 20413
Agency Name: City of Costa Mesa
Program Area: Police Traffic Services
COST CATEGORY
TOTAL COSTS
Personnel
$218,495.00
Travel
$3,000.00
Contractual Services
$
Equipment
$0.00
Other Direct Costs
$4,361.00
Indirect Costs
$
TOTAL GRANT AMOUNT
$225,856.00
2 1 Grant Agreement— Standard (Rev. 08/11)
CAUFORNIA
OFFI.......CE of TRAFFIC SAFETY
. ........
EXHIBIT A
BUDGET ESTIMATE AND NARRATIVE
Grant Number: 20413
Agency Name: City of Costa Mesa
Program Area: Police Traffic services
This Grant Agreement is funded by the US Department of Transportation National Highway Traffic Safety Administration
(NHTSA).
FUND NUMBER
CATALOG NUMBER
FUND DESCRIPTION
164AL Alcohol Funds - HSP 2012
CFDA 20.608
Minimum Penalties for Repeat Offenders
For Driving While Intoxicated
402 General Funds - HSP 2012
CFDA 20.600
State/Community Highway Safety
PERSONNEL TOTAL COSTS
$218,495.00
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.
Regular
Fund Number
Total All
Positions
Total %
Benefits
Total All
Benefits
Total
Compensation
Subtotal $ $
$
Benefits
Narrative:
TOTAL (REGULAR POSITIONS AND BENEFITS) "$
Hourly
Fund Number
Total All
Positions
Total %
Benefits
Total All
Benefits
Total
Compensation
Subtotal $ $
$
Benefits
31 Grant Agreement—Standard(Rev. 08/11)
CALIFORNIA
OFFICE oI TRAFFIC SAFETY
................
Narrative:
OVERTIME
Grant Number: 20413
Agency Name: City of Costa Mesa
Program Area: Police Traffic Services
TOTAL (HOURLY POSITIONS AND BENEFITS) 1 $
Budgeted grant activities will be conducted by agency personnel on an overtime basis.
Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant,
Corporal, Deputy, Officer, Probation Officer, Community Services Officer, Dispatcher etc., depending on the titles used
by the agency and their city's paid overtime policy.
Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an
overtime hourly rate range (not including benefits). Overtime reimbursement (overtime hourly rate and benefits) will
reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified.
Overtime Hourly Rate Range $12.44 to $83.69
Overtime
Fund Number
Total All
Total %
Total All
Total
Positions
Benefits
Benefits
Compensation
Court Sting Operations @ $2,665.00
164AL Alcohol
$5,330.00
%
$0.00
$5,330.00
Funds - HSP
2012
Benefits
Overtime
Fund Number
Total All
Total %
Total All
Total
Positions
Benefits
Benefits
Compensation
4 DUI Saturation Patrols @ $2,232.00
164AL Alcohol
$53,568.00
%
$0.00
$53,568.00
Funds - HSP
2012
Benefits
vertime
Fund Number
Total All
Total%
Total All
Total
Positions
Benefits
Benefits
Compensation
4 1 Grant Agreement—Standard(Rev. 08/11)
CALIFORNIA
OFFICE or TRAFFIC SAFETY
Grant Number: 20413
Agency Name: City of Costa Mesa
Program Area: Police Traffic Services
10 DUI/DL Checkpoints @ $9,000.00
164AL Alcohol
$90,000.00
%
$0.00
$90,000.00
Funds - HSP
Positions
Benefits
Benefits
Compensation
10 Intersections with Disproportionate
2012
$22,320.00
%
$0.00
$22,320.00
Benefits
Overtime
fund Number
'Total All
Total %
Total All
Total
Positions
Benefits
Benefits
Compensation
10 Intersections with Disproportionate
402 General
$22,320.00
%
$0.00
$22,320.00
Traffic Collision Operations @
Funds - HSP
2,232.00
2012
Benefits
Overtime
Fund Number
Total All
Total %
Total All
Total
Positions
Benefits
Benefits
Compensation
Motorcycle Safety Enforcement
402 General
$4,869.00
%
$0.00
$4,869.00
Aerations @ $2,434.50
Funds - HSP
2012
Benefits
Overtime
Fund Number
Total All
Total %
Total All
Total
Positions
Benefits
Benefits
Compensation
10 Red Light Enforcement Operations
402 General
$22,320.00
%
$0.00
$22,320.00
@ $2,232.00
Funds - HSP
2012
Benefits
vertime
Fund Number
Total All
Total %
Total All
Total
Positions I
Benefits
Benefits
Compensation
5 1 Grant Agreement—Standard(Rev. 08/11)
CALIFORNIA
OFFICE oI TRAFFIC SAFETY
Grant Number: 20413
Agency Name: City of Costa Mesa
Program Area: Police Traffic Services
Speed Enforcement Operations @
402 General
$20,088.00
%
$0.00
$20,088.00
2,232.00
Funds - HSP
2012
Benefits
Subtotal $218,495.00 $0.00 $218,495.00
TOTAL (OVERTIME POSITIONS AND BENEFITS) I$218,495.00
TRAVEL TOTAL COSTS $3,000.00
Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and
objectives and/or traffic safety. Travel shall be claimed 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.
In State Travel: All conferences, seminars, or training not specifically identified in this Grant Agreement must be
approved by OTS. Costs include local mileage for grant activities/meetings attended by appropriate staff.
ype
Fund Number
In State Travel Costs
In State Travel
164AL Alcohol Funds - HSP 2012
$3,000.00
Additional Anticipated Travel:
Attend the OTS Vehicle Homicide Conference.
Out of State Travel: All Out of State travel trips not specifically identified in this Grant Agreement must receive written
approval from OTS.
Type Fund Number Out of State Travel Costs
Out of State Travel $
Additional Anticipated Travel:
CONTRACTUAL SERVICES TOTAL COSTS $
escription Contractual Services Costs
6 andard(Rev. 08/11)
CALIFORNIA
OFFICE of TRAFFIC SAFETY
Narrative:
Grant Number: 20413
Agency Name: City of Costa Mesa
Program Area: Police Traffic Services
EQUIPMENT TOTAL COSTS $0.00
!'er. -iflPmentiCosts;
Narrative:
OTHER DIRECT TOTAL COSTS $4,361.00
PEM
Narrative: Costs include the purchases of paper, production, printing and/or duplication of materials associated with
grant operations.
-. ,-;v.:....;.;.a.�..t, d.` 4�!a4��s ��
L,':-- ..-c.�......i:.'..;;.r•rp.:
•,;t.undNu
=Oche �ec#osts;-
Printing/Duplication @ $500.00
164AL Alcohol Funds - HSP 2012
$500.00
Narrative: Costs include the purchases of paper, production, printing and/or duplication of materials associated with
grant operations.
-. ,-;v.:....;.;.a.�..t, d.` 4�!a4��s ��
;h,, 1¢fr .,.•.:�"at,siemi$. k�h' fun'd-. _Nimber•4�.-.:.a».�`+c..�R�.'a ,A.
p. :
OheDi'ir>e, _ t.0s
Digital
Di ital Camera @ $275.00
164AL Alcohol Funds - HSP 2012
$.c.5t.... 5C
0o..s_0
Narrative: To capture images of enforcement operations, collision scenes, warrant sweeps, probation compliance
checks, educational events/activities and to aid in prosecution of DUI cases. Includes accessories such as memory,
carrying case, and tripod.
. on p
umb
Oescit D<irect Costs
DUI Checkpoint Supplies @ $3311.00
164AL Alcohol Funds - HSP 2012
$3,311.00
Narrative: Supplies to conduct sobriety checkpoints. Include cones, signage, reflective vests (maximum of 10),
generator, lighting, reflective banners, flares, PAS device supplies, heater, fan and canopy. Additional items may be
purchased if approved by OTS.
7 1 Grant Agreement — Standard (Rev. 08/11)
CAUFORNIA
OFFICE of TRAFFIC SAFETY
INDIRECT TOTAL COSTS
TOTAL GRANT AMOUNT
8 1 Grant Agreement — Standard (Rev. 08/11)
Grant Number: 20413
Agency Name: City of Costa Mesa
Program Area: Police Traffic Services
$225,856.00
CALIFORNIA
OFFICE of TRAFFIC SAFETY
EXHIBIT B
GOALS AND OBJECTIVES
Goals
Grant Number: 20413
Agency: City of Costa Mesa
Program Area: Police Traffic Services
' :dere
•,..
l'.�Y •.���.r�
.3. G,tyf «i;`.+4S..q'.`
~ ,x
oal�
.-f
.�'�'�• Z;
i'7 Y .. Yl• t •T.� 111 St. S T x 'A'..4;� Y� ' ld.iin S � t; � iy; e.l. i .e� I4. � )4 C
�Goal:. Rsfi 3'3zb• i�! 1 f �,r e ' ..12 4 t; t r a ;wt..
r j-' �..f �.'...�;�. 1.r4 x. 1 r. s !^;� 7f '� s •Yi ��t 1. � - € ?x � .�� � � y iy
L . ♦ f,v t. 311 �P F... g
)1 �
1
5
To reduce the number of persons killed in traffic collisions.
2
6
To reduce the number of persons injured in traffic collisions.
3
7
To reduce the number of persons killed in alcohol -involved collisions.
4
8
To reduce the number of persons injured in alcohol -involved collisions.
5
52
To reduce the number of persons killed in drug involved collisions.
6
53
To reduce the number of persons injured in drug involved collisions.
7
9
To reduce the number of motorcyclists killed in traffic collisions.
8
10
To reduce the number of motorcyclists injured in traffic collisions.
9
11
To reduce the number of motorcyclists killed in alcohol -involved collisions.
10
12
To reduce the number of motorcyclists injured in alcohol -involved collisions.
11
13
To reduce hit & run fatal collisions.
12
14
To reduce hit & run injury collisions.
13
15
To reduce nighttime (2100 - 0259 hours) fatal collisions.
14
16
To reduce nighttime (2100 - 0259 hours) injury collisions.
15
40
To reduce fatal collisions involving red light runners.
16
41
To reduce injury collisions involving red light runners.
17
38
To reduce fatal collisions at intersections.
18
39
To reduce injury collisions at intersections.
19
44
To reduce fatal collisions where unsafe speed was the primary collision factor.
20
45
To reduce injury collisions where unsafe speed was the primary collision factor.
21
46
To increase seat belt use.
Grant Agreement (Rev. 08/11)
CALIFORNIA
OFFICE of TRAFFIC SAFETY
Objectives
Grant Number: 20413
Agency: City of Costa Mesa
Program Area: Police Traffic Services
6
.f =
1
25
To issue a press release announcing the kick-off of the grant by
November 15 of the first grant year. The press releases and media
advisories, alerts, and materials 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
225
To send all grant -related activity press releases, media advisories,
alerts and general public materials to the OTS Public Information
Officer (PIO) at pio@ots.ca.gov, with a copy to your OTS Coordinator. 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, a draft press release must first
be sent to the OTS PIO for approval. Drafts should be sent for
approval as early as possible to insure adequate turn -around time.
Optimum lead time would be 10-20 days prior to the operation. Media
communications reporting the results of grant activities such as
checkpoints and saturation patrols are exempt from the advance
approval requirement. 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 results.
3
34
To use the following standard language in all press, media, and printed
materials: Funding for this program was provided by a grant from the
California Office of Traffic Safety, through the National Highway Traffic
Safety Administration.
4
55
To issue a press release prior to each motorcycle safety enforcement
operation to raise awareness about motorcycle safety in general and to
draw attention to the motorcycle safety enforcement operations. If you
(grantee) choose not to use the OTS template, the 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.
5
226
To email the OTS Public Information Officer 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 that OTS has enough notice to arrange for attendance
and/or participation in the event.
6
227
To submit a draft or rough -cut of all printed or recorded material
(brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS
Public Information Officer at pio@ots.ca.gov, and copy your OTS
Coordinator, for approval 14 days prior to the production or duplication.
Grant Agreement (Rev. 08/11)
CALIFORNIA
OFFICE of TRAFFIC SAFETY
Grant Number: 20413
Agency: City of Costa Mesa
Program Area: Police Traffic Services
7
228
To include the OTS logo, space permitting, on grant funded print
materials; consult your OTS Coordinator for specifics relating to this
grant.
8
144
To conduct pre- and post -seat belt usage rate surveys during the
months of October (start of the grant) and September (end of the grant)
of each grant year.
9
39
To develop and maintain a "Hot Sheet" program to notify patrol and
traffic officers to be on the lookout for identified repeat DUI offenders
with a suspended or revoked license as a result of DUI convictions by
December 31 of the first grant year. Updated Hot Sheets will be
distributed to patrol and traffic officers every three to four weeks.
10
263
To send_ supervisory and other interested law enforcement personnel
Target number: 2
to the OTS sponsored "DUI Checkpoints — Planning and Management"
8 hour, POST Certified training course by December 31.
11
35
To conduct Standardized Field Sobriety Testing (SFST) training for _
Target number: 5
officers by January 31. Note: At least one sworn officer who has
received NHTSA-certified SFST training should participate in each
DUI/DL checkpoint conducted under this grant.
12
264
To send _ law enforcement personnel to the NHTSA "Advanced
Target number: 2
Roadside Impaired Driving Enforcement" (ARIDE) 16 hour, POST -
Certified training by January 31.
13
36
To submit a California Law Enforcement Challenge application to CHP
according to instructions on the CHP website
http://www.chp.ca.gov/features/clec.htmi and submit a copy of the
application to CHP and the Office of Traffic Safety by the last Friday of
March in each grant year.
14
266
To report the procurement status of all equipment planned to be
purchased as part of this grant.
15
1
To conduct _ DUI/DL Checkpoints. Note: To enhance the overall
Target number: 10
deterrent effect and promote high visibility, be sure to issue an advance
press release for each checkpoint operation. For combination DU I/DL
checkpoints, departments must issue press releases that mention DL's
will be checked at the DUI/DL checkpoint. Also, according to the
Attorney General's Office all DUI/DL checkpoint operations must have
signs reading "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 checkpoint operations
that begin prior to 1800 hours.
16
6
To conduct _ DUI Saturation Patrols.
Target number: 24
17
201
To conduct _ highly publicized Motorcycle Safety enforcement
Target number: 2
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
Grant Agreement (Rev. 08/11)
CALIFORNIA
OFFICE of TRAFFIC SAFETY
Grant Number: 20413
Agency: City of Costa Mesa
Program Area: Police Traffic Services
Grant Agreement (Rev. 08/11)
collision factor violations by motorcyclists and other drivers.
18
366
To track the number of DUID reports submitted to the City or District
Attorney for case issuance. Note: "DUID reports" are defined as reports
seeking criminal charges upon a suspect for violation of California
Vehicle Code sections 23152(a) or 23153(a) without a corresponding
violation of 23152(b) or 23153(b).
19
367
To report the number of DUID reports returned to law enforcement
where the City or District Attorney's Office declined to issue DUID
charges against the suspect.
20
368
To develop a tracking system that can track DUID report submissions
and rejections and includes unique case identifiers and attributes (e.g.
report number, suspect name, etc.).
21
196
To conduct _ enforcement operations targeting red light running.
Target number: 10
22
199
To conduct _ enforcement operations at or near intersections with a
Target number: 10
disproportionate number of traffic collisions.
23
200
To conduct _ enforcement operations targeting drivers exhibiting
Target number: 9
excessive speed.
24
19
To conduct_ Court Sting operations to cite individuals driving from
Target number: 2
court after having their license suspended or revoked.
25
37
To collaborate with the county's "Avoid Coalition" by: participating in all
planning and scheduling meetings and MADD/Avoid DUI Seminars;
providing your county Avoid Coordinator (Host) with your agency's
schedule of operations that occur during any Avoid operational
campaign period; and reporting daily, during holiday Avoid efforts, to
the county Avoid Coordinator your agency's DUI arrests & DUI fatality
information for the Avoid media campaign.
Grant Agreement (Rev. 08/11)
CALIFORNIA
OFFICE of TRAFFIC SAFETY
This page intentionally left blank.
Grant Agreement (Rev. 08/11)
Grant Number: 20413
Agency: City of Costa Mesa
Program Area: Police Traffic Services
cAUFORNiA
OFFICE of TRAFFIC SAFETY
EXHIBIT C
PROBLEM STATEMENT AND METHOD OF PROCEDURE
PROBLEM STATEMENT
Using local data (not OTS Rankings or SWITRS), complete the table below.
Collision'Type
2007
2008
2009 _.
Collisions
Victims
Collisions
Victims
Collisions
Victims
Fatal
8
10
6
7
2
2
Injury
666
905
698
928
660
872
'Fatal
Injury
Killed
Injured
Fatal
Injury
Killed
Injured ':
Fatal
Injury
Killed
Injured
Alcohol
Involved
1
62
3
94
1
76
1
110
1
46
1
61
Hit and Run
1
49
1
59
0
45
0
51
0
51
0
74
Nighttime
(2100-0259
hours)
2
85
2
130
0
87
0
115
2
92
2
120
PROVIDE DETAILED ANSWERS TO THE FOLLOWING QUESTIONS AS PART OF THE PROBLEM
STATEMENT:
1. Describe current traffic unit complement (number of personnel and classifications). If applicable,
describe how the size of the traffic unit has fluctuated in the past five years and why.
At our peek in 2008, we were allocated (1) Lieutenant, (3) Sergeants, (19) Officers, (10) Community
Services Specialists, (1) Secretary, and (7) Part Time Aides. As a result of City budget concerns, 41%
of line personnel and support staff in the Traffic Safety bureau were cut in 2010/2011. Currently the
Traffic Safety Bureau is allocated (1) Lieutenant, (2) sergeants, (12) Officers, (3) Community Service
Specialists, and (6) Part Time Aides. The drastic reduction in staffing resulted in changes in
operation procedures. In order to utilize staffing in the most effective manner under the
circumstances, we no longer investigate non -injury collisions, we substituted 1 -day impounds for 30 -
day impounds, we only have minimum parking enforcement rather than maximum enforcement, we
have slower response to community complaints, and the radar trailer is no longer deployed daily.
Additional lay-offs of sworn personnel are expected.
2. How many sobriety checkpoints did your department conduct between October 1, 2009 and
September 30, 2010? (Include checkpoints from all funding sources, i.e. OTS grants or mini -grants,
and department funded).
OTS Grant Number
PT1021
Number of Checkpoints (Not Avoid)
12
AVOID the
28
Number Of Checkpoints In Your
Jurisdiction
0
1 1 PSMOP — Grants Made Easy — STEP Overtime Only
cAUFORNIA
OFFICE Or TRAFFIC SAFETY
EXHIBIT C
PROBLEM STATEMENT AND METHOD OF PROCEDURE
Mini -Grant Number
SC10096
Number of Checkpoints
4
Number of Department Funded
Checkpoints (Not OTS Funded)
0
Additional information:
3. What is the average number of DUI arrests per checkpoint?
2
4. Does your Agency participate in an AVOID DUI program? (If yes, complete 4a).
0'Yes r No
a. AVOID the 26 DUI Campaign in Orange County
5. What percent of your DUI arrests between October 1, 2009 and September 30, 2010 were made as
a result of a collision?
11%
6. What percent of your total fatal and injury collisions between October 1, 2009 and September 30,
2010 occurred at intersections?
45%
7. Describe the problem caused by red light running in your city.
Red light collisions usually involve a vehicle traveling at a higher speed, which results in more
injuries and suffering, 59% of our collisions caused by running red lights resulted in injuries. Red
light violations accounted for the fourth highest category of Severe Injuries, was the number one
cause of Other Visible Injuries, and the third highest cause of Complaint of Pain Injuries.
8. What are your primary collision factors?
Our primary collision factors are 20% Unsafe Speed, 18% Unknown, 12% Improper Turning,
12%Auto right of Way, 11% DUI, 9% Traffic Signals and Signs, 5% Other Improper Driving, 4% unsafe
Starting or backing, 3% Wrong Side of Road, 3% Unsafe lane Change, 1% Ped Right of Way, 1% Ped
Violations.
9. Seat belt citations make up what percent of all hazardous citations issued?
18%
10. How many "hand held" cell phone usage while driving citations did your department issue between
October 1, 2009 and September 30, 2010?
3,788
11. How many "texting" while driving citations did your department issue between October 1, 2009 and
September 30, 2010?
85
METHOD OF PROCEDURE
2 1 PSMOP — Grants Made Easy — STEP Overtime Only
CAUFORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT C
PROBLEM STATEMENT AND METHOD OF PROCEDURE
Phase I: Program Preparation, Training and Implementation (1st Quarter of the Grant Year)
• The police department will develop operational plans to implement the "best practice"
strategies outlined in the objectives section.
• A draft news release will be submitted to OTS to announce the grant program.
• All training needed to implement the program will be conducted this quarter.
• All grant related purchases needed to implement the program will be made this quarter.
• In order to develop 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 will be
updated and distributed to traffic and patrol officers every three to four weeks.
• Implementation of the STEP program will be accomplished by deploying personnel at high
collision locations.
• DUI/Driver's License checkpoint site locations will have a history of significant alcohol involved
collisions and/or DUI arrests.
Phase II: Community Awareness (Throughout Grant Period)
• The police department will work to create media opportunities throughout the grant period to
call attention to the innovative program strategies and outcomes.
Phase III: Data Collection & Reporting (Throughout Grant Period)
• The police department will submit a Quarterly Performance Report (QPR) and a separate
quarterly data reporting form within 30 days following each calendar quarter.
• The final QPR, Data Form, Claim and Executive Summary are due to OTS 30 days following the
grant's termination.
• Reports shall be completed and submitted in accordance with OTS requirements specified in the
Grant Program Manual.
Method of Evaluation
Using the data compiled during the grant, the Grant Director will: (1) briefly state the original problem,
(2) specify the most significant goals and objectives, (3) highlight the most significant activities that
contributed to the success of the program and the strategies used to accomplish the goals, and (4)
describe the program's accomplishments as they related to the goals and objectives.
3 1 PSMOP — Grants Made Easy — STEP Overtime Only
CALIFORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT C
PROBLEM STATEMENT AND METHOD OF PROCEDURE
4 1 PSMOP — Grants Made Easy — STEP Overtime Only
CALIFORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT D
CERTIFICATIONS AND ASSURANCES
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to
civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12.
The officials named on the Grant Agreement, certify by way of signature on the Grant Agreement signature page, that
the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines,
policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include,
but are not limited to, the following:
• 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended
• 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments
• 23 CFR Chapter II - (§§1200, 1205, 1206, 1250, 1251, & 1252) Regulations governing highway safety programs
• NHTSA Order 462-6C -Matching Rates for State and Community Highway Safety Programs
• Highway Safety Grant Funding Policy for Field -Administered Grants
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:
• National law enforcement mobilizations,
• Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of
posted speed limits,
• 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,
• Development of statewide data systems to provide timely and effective data analysis to support allocation of
highway safety resources.
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 International 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
operation for highway safety purposes by the Grantee Agency; or the State, by formal agreement with appropriate
11 Certifications and Assurances (Rev. 08/31/11)
CALIFORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT D
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 1200.21);
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, 2010,
(https://www.fsrs.gov/documents/OM B_Gu idance_on_FFATA_Subaward_and_Executive_Compensation_Reporting_08
272010.pdf) by reporting to FSRS.gov for each sub -grant awarded:
• Name of the entity receiving the award;
• Amount of the award;
• Information on the award including transaction type, funding agency, the North American Industry Classification
System code or Catalog of Federal Domestic Assistance number (where applicable), program source;
• Location of the entity receiving the award and the primary location of performance under the award, including the
city, State, congressional district, and country;, and an award title descriptive of the purpose of each funding action;
• A unique identifier (DUNS);
• 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—
(1) 80 percent or more of its annual gross revenues in Federal awards; and(II) $25,000,000 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 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of
1986;
• 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 A of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis
of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794) and the Americans with Disabilities
Act of 1990 (42 USC § 12101, et seq. PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR
Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 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.L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse and alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title V111 of the Civil Rights
2 1 Certifications and Assurances (Rev. 08/31/11)
CALIFORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT D
CERTIFICATIONS AND ASSURANCES
Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is 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, 0) 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. 702;):
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:
1. 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 employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will:
1. 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), with 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 rehabilitation 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.
3 1 Certifications and Assurances (Rev. 08/31/11)
CALIFORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT D
CERTIFICATIONS AND ASSURANCES
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 Federal funds unless
the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest;
that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-
domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation.
Political Activity (Hatch Act)
The Grantee Agency will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 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:
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 Grantee Agency official shall require that the language of this certification be included in the award
documents for all sub -award at all tiers (including sub -contracts, sub -grants, and contracts under grant, 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 $10,000 and not more than $100,000 for each such failure.
4 1 Certifications and Assurances (Rev. 08/31/11)
cALRORN1A
OFFICE or TRAFFIC SAFETY
EXHIBIT D
CERTIFICATIONS AND ASSURANCES
Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or
local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local
legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one
exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
Certification Regarding Debarment And Suspension
Instructions for Primary Certification
1. By signing and submitting this Grant Agreement, the Grantee Agency official is providing the certification set out
below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The 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. If it is later determined that the Grantee
Agency official knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for cause or default.
4. The Grantee Agency official shall provide immediate written notice to the department or agency to which this
Grant Agreement is submitted if at anytime 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
5 1 Certifications and Assurances (Rev. 08/31/11)
CALIFORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT D
CERTIFICATIONS AND ASSURANCES
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal
Procurement and Non -procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal Government, the department or agency
may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters —
Primary Covered Transactions:
1. The Grantee Agency official certifies to the best of its knowledge and belief, that its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency;
b. Have not within a three-year period preceding this Grant Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of record, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
d. Have not within a three-year period preceding this application/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.
Instructions for Lower Tier Certification
6 1 Certifications and Assurances (Rev. 08/31/11)
CALIFORNIA
OFFICE of TRAFFIC SAFETY
EXHIBIT D
CERTIFICATIONS AND ASSURANCES
1. By signing and submitting this Grant Agreement, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this Grant
Agreement is submitted if at anytime the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to
whom this Grant Agreement is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this Grant Agreement that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that is it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal
Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
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
7 1 Certifications and Assurances (Rev. 08/31/11)
CALIFORNIA
OFFICE or TRAFFIC SAFETY
EXHIBIT D
CERTIFICATIONS AND ASSURANCES
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this Grant Agreement, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this Grant Agreement.
Policy to Ban Text Messaging While Driving
In 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 Impact
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. If, 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, this office is prepared to take the action necessary to comply with the
National Environmental Policy Act of 1969 (42 USC 4321 et seq.) and the implementing regulations of the Council on
Environmental Quality (40 CFR Parts 1500-1517).
8 1 Certifications and Assurances (Rev. 08/31/11)