CC 2024-09-09_09d Grande Agreement OTSItem 9.d.
MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: Jeremy Burns, Police Sergeant
SUBJECT: Resolution Approving a Grant Agreement with the California Office of
Traffic Safety and Approve a Budget Adjustment
DATE: September 9, 2024
RECOMMENDATION:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with
the California Office of Traffic Safety (OTS) to help address ongoing traffic safety
concerns and appropriate the funding for the activities;
2) Approve a Budget Amendment Request for FY 2024 -25 in the amount of $75,000 to
account for the additional revenue and expenditures related to the grant; and
3) Find that adopting the Resolution is not a project subject to the California
Environmental Quality Act (“CEQA”) because that declaration in itself has no potential to
result in either a direct, or reasonably foreseeable indirect, physical change in the
environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no adverse financial impact to the City to accept the OTS grant. The annual grant
award is for $75,000. The cost of this program will fall into the following categories:
equipment and educational materials ($7,509); training/travel costs ($5,000); and
overtime staffing for operations ($62,491), all three categories totaling $75,000. The cost
and time of equipment purchases, training, and overtime staffing for operations will be
directly reimbursed through the grant. The cost of time for grant management will be
absorbed into the regular duties of the Police Department Administration and
Administrative Services Department of the City.
BACKGROUND:
The Arroyo Grande Police Department (AGPD) has accepted grant funding from OTS
intermittently in the past. For instance, the Police Department has hosted the county-wide
AVOID the 14 Driving Under the Influence (DUI) grant program funded through OTS and
participated as a member of that program every year it was available. In 2014, OTS
Page 80 of 211
Item 9.d.
City Council
Resolution Approving a Grant Agreement with the California Office of Traffic
Safety and Approve a Budget Adjustment
September 9, 2024
Page 2
restructured its grant programs and eliminated the large, county-wide grant programs due
to the significant costs involved. OTS now offers smaller grants t o the individual agencies
with the goal of a more focused program with easier program management and greater
financial accountability. In Fiscal Years 2015 -16, 2020-21, 2021-22, 2022-23, and 2023-
24, the AGPD received OTS funding and managed these grants, the Selective Traffic
Enforcement Program (STEP).
In FY 2023-2024, the City received funding of $65,000 in the form of a STEP grant. This
STEP grant provided funding for enforcement activities including DUI checkpoints, DUI
saturation patrols, distracted driving enforcement, and pedestrian safety enforcement.
The STEP grant also provided funding for traffic enforcement and training for officers, and
funding for the purchase of traffic enforcement equipment, including a hand-held LIDAR
device and checkpoint lighting equipment.
ANALYSIS OF ISSUES:
The City currently hosts a resident population of approximately 18,441. However, the City
experiences a significant increase in daily population and traffic due to employment,
business and service providers located within Arroyo Grande. Additionally, the City’s
service population is also impacted by the cities immediately adjacent, making up t he
“Five Cities” area. The larger Five Cities area population is approximately 45,000
residents, not including the tourist population, which is estimated at approximately 35,000
a year. Because of the City’s location situated half -way between Los Angeles and San
Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular
Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents
occur within the City’s service area. In addition, the City hosts the only public high school
in the Five Cities area, servicing over 2000 high school students daily. This causes an
increase in the number of inexperienced drivers on the road as well as bicyclists and
pedestrians. Finally, the City has traditionally hosted several special events throughout
the year, such as the Harvest Festival, Halloween in the Village, and Christmas in the
Village, which also increase the number of driver’s, bicyclists, and pedestrians on City
roadways. With the resident, student, and transient tourist populations impacting the
City’s total service population, traffic collisions and traffic incidents have also increased
over the last several years.
An annual review of DUI collisions reveals that DUI incidents usually increase during the
end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends,
and the holiday period of Thanksgiving through New Year’s. Other timeframes with
identified increased DUI crimes and collisions include Halloween, Super Bowl Sunday,
and local festivals/events.
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Item 9.d.
City Council
Resolution Approving a Grant Agreement with the California Office of Traffic
Safety and Approve a Budget Adjustment
September 9, 2024
Page 3
Specific to the City, alcohol involved traffic incidents represent a significant threat to the
community. These incidents do not consider factors such as age or economic status and
affect the community as a whole; thus law enforcement efforts need to target the safety
of all drivers. The City and the surrounding beach communities are desirable destinations
for tourists and residents. In particular, the historic Village area consists of numerous
restaurants, shops, and bars. This setting dra ws large numbers of visitors and patrons
and increases both vehicular and pedestrian activity. The community is safer by reducing
the number of DUI drivers on City streets.
Significant progress is made in reducing the frequency of DUI crimes and collisions when
law enforcement agencies conduct awareness campaigns and enforcement efforts. At a
nationwide level, there has been a significant downward trend in traffic deaths over the
last 20 years. However, DUI deaths have not dropped as dramatically. With con tinued
efforts between law enforcement, community–based organizations, and the media, the
number of DUI fatalities could be decreased.
Through the proposed grant funding from OTS, the AGPD will be more successful in
educating the public and curbing the problems associated with drunk driving, traffic
violations, and distracted driving. This will increase the safety of pedestrians, bicyclists
and motorists within the city. Accepting the OTS grant will allow the purchase of
equipment and reimburse overtime staffing directly relating to training, traffic safety,
enforcement of DUI laws, and public education. This will be accomplished through a
variety of means including but not limited to: speed and distracted driving enforcement
operations, advanced training in DUI detection for officers, DUI checkpoints and public
awareness campaigns through educational presentations, and participation in OTS
programs such as the AVOID Campaign (DUI), Pedestrian and Bicycle Safety Awareness
Months, Click-it-or-Ticket, and Distracted Driving Awareness Month.
In the past, grant funding has allowed for the purchase of specialized equipment such as
a DUI Command Trailer, lighting, and safety equipment, and funded overtime positions
for enforcement programs and public education. The goal of the OTS funded program is
to decrease traffic collisions and incidents of driving under the influence by increasing
public awareness of traffic-related incidents including driving under the influence and
increased enforcement of traffic and DUI laws.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution authorizing the Chief of Police to execute the grant
document and approve a Budget Amendment Request for FY 2024-25 in the
Page 82 of 211
Item 9.d.
City Council
Resolution Approving a Grant Agreement with the California Office of Traffic
Safety and Approve a Budget Adjustment
September 9, 2024
Page 4
amount of $75,000 to account for the additional revenue and expenditures
related to the grant;
2. Do not adopt the Resolution;
3. Provide other direction to staff .
ADVANTAGES:
Accepting the OTS grant will have several advantages. It will fund additional training in
the area of traffic enforcement, DUI detection, and drug impaired driving detection. This
will enhance the knowledge, skills, and abilities and, as a result, the overall effectiveness
of officers’ ability to address these areas of concern. It will also reduce C ity liability by
having more competent officers on daily patrol and participating in enforcement programs.
The OTS grant will fund equipment that is not currently in the budget. With the grant funds,
additional equipment can be purchased, such as flashlights and lighting equipment,
speed determination devices, and safety equipment, such as OSHA -approved traffic
safety vests.
The OTS grant will fund overtime for officers to conduct specialized enforcement
operations in the identified areas of concern, such as speed and distracted driving
enforcement, DUI saturation patrols, and DUI checkpoints.
Most importantly, the OTS grant will help fund a continuous public awareness campaign
for the year to educate the public on traffic safety issues and driving under the influence.
DISADVANTAGES:
No disadvantages are identified. By not accepting the grant, the Police Department will
not receive additional funding to enhance its current training programs in the identified
areas. This will limit the Police Department’s additional enforcement programs, training,
and equipment and enhanced public education that can be accomplished with grant
funding.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item. Adopting the Resolution authorizing the
Chief of Police to execute the grant document and appropriate the funding for activities is
not a project subject to the California Environmental Quality Act (“CEQA”) because that
declaration in itself has no potential to result in either a direct, or reasonably foreseeable
indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd.
(c)(2)-(3), 15378.)
Page 83 of 211
Item 9.d.
City Council
Resolution Approving a Grant Agreement with the California Office of Traffic
Safety and Approve a Budget Adjustment
September 9, 2024
Page 5
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Proposed Resolution and Draft Grant Agreement
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ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AND AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH
THE CALIFORNIA OFFICE OF TRAFFIC SAFETY TO
ACCEPT GRANT FUNDING FOR TRAFFIC SAFETY
PROGRAMS, APPROPRIATING FUNDING FOR THE
PROGRAM ACTIVITIES AND FINDING THE ACTION
EXEMPT UNDER CEQA
WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to
receive Federal and/or State funding for traffic safety enforcement, education, training
and equipment through the California Office of Traffic Safety (OTS); and
WHEREAS, OTS has awarded $75,000 in grant funding to the Arroyo Grande Police
Department for its Selective Traffic Enforcement Program; and
WHEREAS, OTS requires execution of a grant agreement in order to obtain the funding,
incorporated into this Resolution as Exhibit A; and
WHEREAS, by accepting this grant and executing the OTS grant agreement, funding will
allow for the purchase of equipment and reimburse overtime staffing directly relating to
training, traffic safety functions, enforcement of driving under the influence laws , and
public education; and
WHEREAS, by accepting this OTS grant, an appropriation of funding will be required for
the activities; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate
authorization to the Chief of Police to execute this grant agreement and any amendments
thereto.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein.
2. Approval. The grant agreement is approved, and the Chief of Police is authorized
to accept the grant award in the amount of $75,000 and execute the OTS grant
agreement and amendments thereto with the State of California, Office of Traffic
Safety incorporated into this Resolution as Exhibit A.
3. Budget Amendment. A Budget Amendment Request for FY 2024-25 in the amount
of $75,000 is hereby approved to account for the additional revenue and
expenditures related to the grant.
Page 85 of 211
ATTACHMENT 1
4. CEQA. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty, as in this
case, that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA (State CEQA
Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
On motion of Council Member _________, seconded by Council Member _________,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 9th day of September, 2024.
Page 86 of 211
ATTACHMENT 1
RESOLUTION NO.
PAGE 2
_____________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_____________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 87 of 211
ATTACHMENT 1
EXHIBIT A
OTS GRANT AGREEMENT
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT25133
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Arroyo Grande From:
To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Arroyo Grande Police Department
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 crash factors. The funded strategies may include impaired driving
enforcement, enforcement operations focusing on primary crash 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 crashes, 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: $75,000.00
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
Exhibit C – Grant Electronic Management System (GEMS) Access
*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
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jeremy Burns
Sergeant
jburns@arroyogrande.org
(805) 473-5110
200 N. Halcyon Road
Arroyo Grande, CA 93420
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Michael Martinez
Chief of Police
mmartinez@arroyogrande.org
(805) 473-5110
200 N. Halcyon Road
Arroyo Grande, CA 93420
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Nicole Valentine
Administrative Services Director
nvalentine@arroyogrande.org
(805) 473-5400
300 E Branch St.
Arroyo Grande, CA 93420
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
barbara.rooney@ots.ca.gov
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $75,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
purpose of the expenditure stated above.
$75,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
$75,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
VKFHGF6PKWK7
300 E Branch St.
Arroyo Grande
93420-2706
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT25133
1. PROBLEM STATEMENT
The City of Arroyo Grande currently hosts a resident population of approximately 17,924. However, the City
experiences a significant increase in daily population and traffic due to employment, business and service
providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the
cities immediately adjacent, making up the “Five Cities” area. The larger Five Cities area population is
approximately 45,000 residents, not including the tourist population, which is estimated at approximately
35,000 a year. Because of the City’s location situated half-way between Los Angeles and San Francisco,
directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant
increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. In addition,
the City of Arroyo Grande hosts the only public high school in the Five Cities area, servicing over 2,000 high
school students daily. This causes an increase in the number of inexperienced drivers on the road as well as
bicyclists and pedestrians. Finally, the City has traditionally hosted several special events throughout the
year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increase the number
of driver’s bicyclists and pedestrians on City roadways. With the resident, student, and transient tourist
populations impacting the City’s total service population, traffic crashes and traffic incidents have also
increased over the last several years.
Specific to the City of Arroyo Grande, alcohol involved traffic incidents are among the biggest threats to the
community. These incidents do not consider factors such as age or economic status and affect the
community as a whole thus law enforcement efforts need to target all drivers. The City of Arroyo Grande and
the surrounding beach communities are a desirable destination for tourists and residents. In particular, the
historic village area consists of numerous restaurants, shops, and bars. These qualities draw large crowds,
both vehicular and pedestrian. The community is safer by reducing the number of DUI drivers on the City
streets. An annual review of driving under the influence (DUI) crashes reveals that DUI incidents are usually
increased during the end of summer vacation/Labor Day period, Memorial Day, Independence Day
weekends and the holiday period (Thanksgiving through New Year’s). Other times with identified DUI crimes
and crashes include Halloween, Super Bowl Sunday, Cinco de Mayo, and local festivals/events. The Arroyo
Grande Village (downtown area) has several new bars and restaurants which draw large numbers of people
on weekend and holiday nights.
In 2021, the Arroyo Grande Police Department made 156 DUI arrests, in 2022, AGPD made 209 DUI
arrests, and in 2023 AGPD made 115 DUI arrests. Significant progress is made in reducing the frequency of
DUI crimes and crashes when law enforcement agencies conduct awareness campaigns and enforcement
efforts.
In 2023, there were 46 injury traffic crashes in the City of Arroyo Grande, affecting 57 victims, and one fatal
traffic crash affecting one victim. Additionally, 12 of these crashes were alcohol related, resulting in 16
injured victims. While fatal crash numbers in Arroyo Grande remain low, averaging less than one per year
over the last several years, the number of victims injured in crashes has increased over the past several
years, with the exception of the two most recent calendar years. With a best practice and focused
enforcement plan through the Selective Traffic Enforcement Program, the Arroyo Grande Police Department
will be more successful in curbing the problems associated with intoxicated drivers, speeding vehicles, right
of way violators, other aggressive driving, distracted driving, auto theft, and an increased pedestrian and
bicyclist safety program. The Department has encouraged patrol officers and traffic officers to focus
enforcement on reducing the alcohol and speed related crashes, along with increased pedestrian and
bicyclist safety.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
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6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The
kick-off press releases and media advisories, alerts, and materials must be
emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 7 days prior to the issuance date of the
release.
1
2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen
Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted
Driving Awareness Month, National Motorcycle Safety Month, National Bicycle
Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed
Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger
Safety Week, and California's Pedestrian Safety Month.
12
3. Develop (by December 31) and/or maintain a “DUI BOLO” 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. Updated DUI BOLOs
should be distributed to patrol and traffic officers monthly.
12
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety
Testing (SFST) (minimum 16 hours) POST-certified training.
1
5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired
Driving Enforcement (ARIDE) 16 hour POST-certified training.
1
6. Send law enforcement personnel to the DRE Recertification training. 1
7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted
during 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.
3
8. Conduct DUI Saturation Patrol operation(s). 14
9. Conduct Traffic Enforcement operation(s), including but not limited to, primary
crash factor violations.
6
10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting
drivers using hand held cell phones and texting.
3
11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
areas or during events with a high number of pedestrian and/or bicycle crashes
resulting from violations made by pedestrians, bicyclists, and drivers.
3
12. Conduct Traffic Safety educational presentation(s) with an effort to reach
community members. Note: Presentation(s) may include topics such as distracted
2
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driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger
safety.
13. Send law enforcement personnel to DUI Checkpoint Planning and Management
training.
2
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)
The department will develop operational plans to implement the “best practice” strategies
outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter.
All grant related purchases needed to implement the program should be made in the first quarter.
In order to develop/maintain the “DUI BOLOs,” 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 DUI BOLO may include the driver’s name, last known address, DOB,
description, current license status, and the number of times suspended or revoked for DUI. DUI
BOLOs 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
crash locations.
Media Requirements:
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15,
but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only
distributed after the grant is fully signed and executed. If you are unable to meet the November 15
deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS
PIO.
B. Phase 2 – Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts,
storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO
at pio@ots.ca.gov for approval and copy your OTS grant coordinator. Optimum lead time would
be 7 days before the scheduled release but at least 3 business days prior to the scheduled
release date for review and approval is appreciated.
Send all Powerpoint presentations, online presentations and trainings for grant-related activities
to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS grant coordinator. Certified
training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency
understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any
cost approvals must come from the OTS grant coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press
releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at pio@ots.ca.gov and your OTS grant coordinator when any
material is distributed to the media and public, such as a press release, educational material, or
link to social media post. The OTS-supplied kick-off press release templates and any kickoff
press releases are an exception to this policy and require prior approval before distribution to the
media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is
substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval
and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the
scheduled release date, but at least 3 business days prior to the scheduled release date for
review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting
immediate and time-sensitive grant activities (e.g. enforcement operations, day of event
highlights or announcements, event invites) are exempt from the OTS PIO approval process. The
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OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is
happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints,
etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are
embargoed or could impact operations by publicizing in advance are exempt from the PIO
approval process. However, announcements and results of activities should still be copied to the
OTS PIO at pio@ots.ca.gov and your OTS grant coordinator with embargoed date and time or
with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a
specific grant objective, using OTS grant funds, or designed and developed using contractual
services by a subgrantee, requires prior approval. Please send to the OTS PIO at
pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the
scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving
Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints,
etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are
highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters,
scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid
media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS grant
coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety,
through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or
earned social media campaign grant objective; consult your OTS grant coordinator for specifics,
format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at pio@ots.ca.gov and copy your OTS grant coordinator at least 21 days in
advance, or when first confirmed, a short description of any significant grant-related traffic safety
event or program, particularly events that are highly publicized beforehand with anticipated media
coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including
any media coverage (broadcast, digital, print) of event within 7 days following significant grant-
related event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any
educational or informational materials that received OTS PIO approval in a prior grant year needs
to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and
OTS Grants Media Approval Process FAQs on the OTS website.
Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of
the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and
October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant
media activities. Include status of grant-funded personnel, status of contracts, challenges, or
special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
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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.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT25133
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$45,000.00
402PT-25 20.600 State and Community Highway
Safety
$30,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $6,000.00 3 $18,000.00
DUI Saturation Patrols 164AL-25 $1,600.00 14 $22,400.00
Benefits for 164AL - OT @ 7.65% 164AL-25 $40,400.00 1 $3,091.00
Traffic Enforcement 402PT-25 $1,450.00 6 $8,700.00
Distracted Driving 402PT-25 $1,425.00 3 $4,275.00
Pedestrian and Bicycle Enforcement 402PT-25 $1,425.00 3 $4,275.00
Traffic Safety Educational Presentations 402PT-25 $200.00 2 $400.00
Benefits for 402PT - OT @ 7.65% 402PT-25 $17,650.00 1 $1,350.00
Category Sub-Total $62,491.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $5,000.00 1 $5,000.00
$0.00
Category Sub-Total $5,000.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $1,509.00 1 $1,509.00
Lidar Device 402PT-25 $3,000.00 2 $6,000.00
Category Sub-Total $7,509.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $75,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT25133
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Benefits for 164AL - OT @ 7.65% - Claimed amounts must reflect actual benefit costs for straight time or
overtime hours charged to the grant.
Benefits breakdown:
6.20% Social Security
1.45% Medicare
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations
conducted by appropriate department personnel.
Benefits for 402PT - OT @ 7.65% - Claimed amounts must reflect actual benefit costs for straight time or
overtime hours charged to the grant.
Benefits breakdown:
6.20% Social Security
1.45% Medicare
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety
Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget
Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may
not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may 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, r eflective banners, electronic flares,
PAS Device/Calibration 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. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device
will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
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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.
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT25133
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906,
Public Law 109-59, as amended by Section 25024, Public Law 117-58)
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:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;
Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;
23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;
2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] 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);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
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;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations (preventing 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);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that
recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have
limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the
Federal Government (advancing equity across the Federal Government); and
Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or
Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender
identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient
receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts
Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination
statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is
Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following
Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR
part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be
(with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the
Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work,
or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant
Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the
Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real
property or an interest in real property, the Assurance will extend to rights to space on, over, or under such
property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A,
as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments
entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity,
project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or
improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended
to the program, except where the Federal financial assistance is to provide, or is in the form of, personal
property, or real property, or interest therein, or structures or improvements thereon, in which case the
Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of
Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it,
other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter
arising under the Acts, the Regulations, and this Assurance.
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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients,
sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing
NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must
comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep
records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and
accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans,
contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the
date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This
ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors,
subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway
Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee 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;
5. 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);
c. 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;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or
otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(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 a Federal, State, or local health, law enforcement, or other
appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all
of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all 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 all 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;
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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-awards 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 loca l
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 all 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.
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
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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;
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
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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/).
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.
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
(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 wil l 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 Secr etary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make,
accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or
subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h
subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or
her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties
indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a
subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents.
a. The code or standards shall provide that the recipient's officers, employees, or agents may neither
solicit nor accept gratuities, favors, or anything of monetary value from present or potential
subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for
violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of
conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a
grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently
planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be
substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an
immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action
which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict
of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best
interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational,
financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization
whose interests may be substantially affected by NHTSA activities, and which are related to this award. The
interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed
subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the
date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient,
and the officers, employees or agents of a recipient who are responsible for making a decision or taking an
action under an award where the decision or action can have an economic or other impact on the in terests of a
regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to all 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.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the
Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when
operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration
(NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information
and resources on traffic safety programs and policies for employers, please contact the Network of Employers for
Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and
employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and
other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information
on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING 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, States are encouraged to adopt and enforce workplace safety policies
to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any-
owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official
Government business or when performing any work on or behalf of the Government. States are also encouraged to
conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of
new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education,
awareness, and other outreach to employees about the safety risks associated with texting while driving.
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