The URL can be used to link to this page

Home My WebLink About11. Accept Selective Traffic Enforcement Program Funds FY 19-20APPROVED 13y CITY MANAGER TO: HONORABLE MAYORF THE CITY COUNCIL FROM: OFFICE OF , BY: DEAN R. MILLIGAN, CHIEF OF POLICE DATE- OCTOBER 2019 ENFORCEMENTSUBJECT: SELECTIVE TRAFFIC • , That the City Council accept $300,000 in Selective Traffic Enforcement Program funds for Fiscal Year 2019-2020 from the State of California - Office of Traffic Safety. The State of California - Office of Traffic Safety (OTS) funds selective traffic enforcement programs throughout California. The goal is to reduce the number of victims killed and injured in crashes involving alcohol and other primary collision factors. OTS awards grants on a competitive basis using several criteria including performance on previous grants, the number of alcohol -involved fatalities and injuries, and the value of the funding requested. Highly publicized DUI/DL Checkpoints during the National Highway Traffic Safety Administration (NHTSA)- specified Winter and Summer Mobilization periods are a priority for OTS and NHTSA along with participation in the National Distracted Driving Awareness Month in April and the NHTSA Click it or Ticket mobilization period in May. OTS Coordinators will be assigned to administer and coordinate the grants for OTS. The Office of Traffic Enforcement Program for 2019-2020 has the following eighteen (18) goals: • Reduce the number of persons killed in traffic collisions. • Reduce the number of persons injured in traffic collisions. • Reduce the number of persons killed in alcohol -involved collisions. • Reduce the number of persons injured in alcohol -involved collisions. • Reduce the number of persons killed in drug -involved collisions. • Reduce the number of persons injured in drug -involved collisions. • Reduce the number of persons killed in alcohol/drug combo -involved collisions. • Reduce the number of persons injured in alcohol/drug combo -involved collisions. • Reduce the number of motorcyclists killed in traffic collisions. • Reduce the number of motorcyclists injured in traffic collisions. • Reduce hit & run fatal collisions. • Reduce hit & run injury collisions. • Reduce nighttime (9 p.m. — 2:59 a.m.) fatal collisions. • Reduce nighttime (9 p.m. — 2:59 a.m.) injury collisions. • Reduce the number of bicyclists killed in traffic collisions. •: 8, 2019 • Reduce the number of bicyclists injured in traffic collisions. • Reduce the number of pedestrians killed in traffic collisions. • Reduce the number of pedestrians injured in traffic collisions. In order to achieve these goals, $278,080 has been granted for personnel costs during the following operations: • DUI/DL Checkpoints = $48,000 • DUI Saturations = $103,360 • Traffic Enforcement Operations = $25,920 • Distracted Driving Operations = $17,280 • Motorcycle Safety Enforcement = $8,640 • Night-time Click It or Ticket = $1,440 • Bicycle and Pedestrian Operations = $73,440 An additional $18,640 has been granted for the following travel expenses and costs, • Travel expenses, In -State, for training = $3,280 • DUI Checkpoint Supplies = $5,540 • PAS Device/Calibration Supplies = $4,800 • Portable Light Tower = $8,300 • Fiscal Responsibility • Efficiency & Adaptability • Quality of Life, Neighborhood & Infrastructure • Public Engagement There is no fiscal impact to the General Fund, ATTACHMENT Attachment A: Grant Agreement — Grant Number PT20037 0 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT 2007 1. RANT TITLE Selective Traffic Enforcement Program (STEP) . NAME OF AGENCY - 3. Grant Period Downey . AGENCY UNIT To ADMINISTERRANT From: 10/01/2019 Downey Police DsRartment To: 09/30/2020 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, night-time seat belt enforcement special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This A ree e t Shall Not Exceed: -$300,000.00 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 -1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit * — OTS Grant Program Manual *ltems 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: tivww..ots.ctta oar. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are du ly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. iN WITNESS WHEREOF, this Agreement has been executed b the Earties hereto. . AeRroval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Mark McDaniel PHONE: (562) 904-2321 NAME: Dean Milligan PHONE: 562-904-2321 TITLE: Captain FAX: T TLE: Chief of Police FAX: 562-904-2384 ADDRFss: 10911 Brookshire Ave, ADDRESS: 10911 Brookshire Ave. Downey, CA 90241 D vnq. CA 90241 EM.AiL: mmcdan€ctq','do ea.csl AIL: dmilliran °do% icyca.org L Ll (Signature) (Date) (Signature) (Date) C, FISCAL OR ACCOUNTING OFFICIAL D. AUTHORIZING OF It IA -0 ' )rFICF OF TRAFFIC SAFETY NAME: Anil Gandhy PHONE: 562-904-7265 NAME: Randy Weissman PHONE: (916) 509-3030 TiTLE: Director of Finance FAX: 562-904-7270 TITLE: Acting Director FAX: (916) 509-3055 ADDRESS: 1 111 1 Brookshire Ave. ADDRESS: 2208 Kausen Drive Suite 300 Downey. CA 90241 Elk Grove. CA 95758 EMAIL: agandhya.downeyca.org EMAIL: randy.weissman r+ots.ca.gov ®�4AA11 U1 A, (Signature) (Date) — (Signature) (Date) E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION NAME: Carolyn Vu DUNS #: 614388841 ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED ADDRESS: I l i 1 1 Brookshire Ave Elk Grove. CA 95758 CiTY:owney ZIP+4:90241-3817 ATTACHMENT A 9/24/2019 7:02:05 PM rage 1 01 1.13 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164 AL -20 20.608 0521-0890-101 2019 2019 23/19 $170,000.00 402PT-20 20.600 0521-0890-101 2019 2019 23119 $130,000.00 AGREEMENT $300,000.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my owns personal knowledge that the budgeted funds for $300,000.00 the current budget year erre available for the period and purpose of the PRIOR AMOUNT ENCUMBERED FOR THIS expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED $300000.00 9/24/2019 7:02:05 PM Page 2 of 15 State of California — Office of Traffic Safety GRANT NUMBER AGREEMENTGRANT Schedule A 2 7 1. PROBLEM STATEMENT The City of Downey is a culturally diverse community with a population of 113,233 (US Census Bureau- « .• approximately 13 miles• of Downtown LosAngeles,•. .a is a mix • sing - •housing, commercial establishments,_ dindustry,• two major hospitals.Downey home to the Coca-Cola bottling and distribution center, Stonewood Mail, Downey Landing and the "Promenade at Downey." The 58 acre parcel is home to the Wal-Mart, Cinemark 14 Theater, 24-hour fitness, Floor & D6cor, in addition • apparel .. ♦ shoe stores,services,a • 21 restaurant:... s The two major hospitals in Downey are Kaiser Permanente Hospital and Presbyterian lntercommunity Hospital. Both hospitals have large medical facilities adjacent to their structures. In fact, Kaiser Permanente in Downey employs approximately 4,500 employees. In recent years the Downey Police Department has noticed a steady increase in the number of fatal traffic collisions. In comparing 2015 to 2018, fatal traffic collisions increased 350 percent. In 2018 there were 9 fatal collisions and 610 injury type of collisions resulting in 904 injured victims. numberIn the 2016 OTS Rankings, the City of Downey ranked the highest in victims killed and injured in the Total Fatal and Injury type of collisions category out of 58 similarly ranked cities of the B Group. It also ranked the highest in fatal and injury collisions in the Nighttime type of collisions. In addition, the city ranked 4' highest in HBD Driver 21-34 type of collisions, 4t' hi best in Speed Related type of collisions, 5th highest in Alcohol Involved type of collisions; 6" highest in Hit and Run type of collisions and 6th highest in fatal and injury Composite type of collisions. The Downey Police Department anticipates an increase in vehicle and pedestrian traffic traveling through the city. Over the past 5 years, the city has begun and/or completed several large development projects, which have increased the of • food establishments "Promenade of Downey"one of ••.. more recent developments; • of `300,000 square feet of office, a movie theatre, Reduceand a number of dining establishments. As a result of the new Promenade, we have observed an increase in both vehicular and pedestrian traffic during the daytime and nighttime hours. The increase in traffic is also prevalent in our Downtown Downey district that has experienced new dining establishments with liquor licenses. There are currently over 40 establishments within a I mile radius. Additional restaurants and bars with liquor licenses are anticipated to open in 2019, which will most likely increase the number of alcohol related incidents. A. Goals: I . Reduce the number of persons killed in traffic collisions. 2. of persons injured in traffic collisions. Reduce3. Reduce the number of pedestrians killed in traffic collisions� 4. Reduce the number of pedestrians injured in traffic collisions. 5. - number of bicyclists killed in traffic collisions. 6. Reduce the number of bicyclists injured in traffic collisions. 7. Reduce the number of persons killed in alcohol -involved collisions. 8. Reduce the number of persons injured in alcohol -involved collisions. 9, Reduce the number of persons killed in drug -involved collisions. 10. Reduce the number of persons injured in drug -involved collisions. 11. Reduce the number of persons killed in alcohol/drug combo -involved collisions. 12. Reduce the number of persons injured in alcohol/drug combo -involved collisions. 13. Reduce the number of motorcyclists killed in traffic collisions. 14. Reduce the number of motorcyclists injured in traffic collisions. 15. Reduce hit & run fatal collisions. 16. Reduce hit& run injury collisions. 17. Reduce nighttime (2100 - 0259 hours) fatal collisions. 18. Reduce nighttime (2100 - 0259 hours) injury collisions. B. Objectives: 912412019 7:02:05 PM Page 3 of 15 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off I 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 da. ys rior to the issuance date of the release, 2. Participate and report data (as required) in the following campaigns, National Walk to 10 School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 3 1) and/or maintain a " HOT Sheet" program to notify patrol and 12 traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing 6 (SFST) (minimum 16 hours) POST-certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving 6 Enforcement (ARIDE) 16 hour POST-certified training. 6. Send law enforcement personnel to the Dru� Recognitio I-) training. 6 7. Conduct DUI/DL Checkpoints. A minimum of I checkpoint should be conducted during 4 the NHTSA Winter Mobilization and I 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. 8. Conduct DUI Saturation Patrol operation(s). 68 9. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision 36 factor violations. 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers 24 using hand held cell phones and texting. 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during 12 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 mary collision factor violations by otorc clists and other drivers. 12. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operati2n(s), 2 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or 102 during events with a high number of pedestrian and/or bicycle collisions resulting from violations made bedestrians, bicyclists, and drivers. 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community 4 members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safe!L seat belts 3. METHOD OF PROCEDURE A. Phase I —Program P . 11 ".1 - I.J r!Zj[M:A1iqA (V Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's narne, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. 9/24/2019 7:02:05 PM Page 4 of 15 Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision I locations.Medid Issue a press release announcing the kick-6ff of the grant by November 15, but no earlier than October 1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases • any related media.r. imaterialsmust-' -r for approval r the OTS Publicr • Officer at and copied• your OTS Coordinator,prior the issuance date of B. Ehase2�-tPr2gram OggratiLms (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies an• OLIWOmes.Me Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PTO) at �`itts s.s=; with a copy to your OTS Coordinator. The following requirements are for grant -related activities and are different from those regarding any grant kick-off release or announcement. • If an OTS -supplied, template -based press release is used, there is no need for pre -approval, however, the OTS PTO and Coordinator should be copied when at the same time as the release is distributed to the press: • If an OTS -supplied template isnot used, or is substantially changed,a draft press release shall be sent to the OTS PTO for approval. Optimum lead-time would be 10 days prior to the release distribution date; but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time -valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PTO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PTO at l �s rfz Is.ca,goy and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics; etc.) to the OTS PIO at pyo c ots., .sem; and copy your OTS Coordinator for approval 14 days prior to the production or duplication. •-Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS Coordinator for specifics and format -appropriate logos. • Contact the OTS PTO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from anv of the above reauirements miaht be contemplated C. Phase 3 — Hata Collection &Reporting (Throughout Grant Year) • Invoice Claims (due January 30, April 30, July 30, and October 30) • Quarterly Performance Reports (due January 30, April 30, July 30; and October 30) Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant-fundedpersonnel, status of contracts, challenges, or special accomplishments. Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. Collect, analyze and report statistical data relating to the grant goals and objectives; 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments; challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why obiectives were not completed. 9/24/2019 7:02:05 PM Page 5 of 15 5. ADmINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 9/24/2019 7:02:05 PM Page 6 of 15 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT20037 Schedule B FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT (CF A} 164 AL -20 20.608 Minimum Penalties for Repeat $170,000.00 Offenders for Driving While Intoxicated 402PT-20 20.600 State and Community Highway $130,000.00 Safety COST CATEGORY CFA TOTAL COST TO GRANT A. PERSONNEL COSTS stmkhtlim $0.00 Overtime DUI/DL Check2oints 20.608 $48,000.00 DUI Saturation Patrols 20.608 $103,360.00 Traffic Enforcement 20.600 $25,920.00 Distracted Driver 20.600 $17,280.00 Motorcycle Safety 20.600 $8,640.00 Niht-time Click it or Ticket 20.600 $1,440.00 Pedestrian and Bicycle Enforcement 20.600 $73,440.00 Category Sub -Total $278,080.00 B. TRAVEL EXPENSES In State Travel 20.600 $3,280.00 $0.00 Category Sub -Total $3,280.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E.OTHER DIRECT COSTS DUI Checkpoi!Ltt ..... 20.608 _Suilies PAS Device/Calibration Supplies 20.608 $4,800.00 Portable Light Tower 20.608 $8,300.00 Category Sub -Total $18,640.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $300,000.00 9/24/20 1 9 7:02:05 PM Page 7 of 15 State of California - Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT Schedule B-1 T2 37 BUDGET NARRATIVE PERSONNEL COSTS QUANTITY DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by 4 appropriate department personnel. DUI Saturation Patrols- Overtime for grant funded law enforcement operations conducted by 68 appropriate department personnel. m...� _-...,w,..�_ -_x.-,.-_�_varm._�. w._._._—..- -� ...wAv. a....u.. .v..v�.. w-.MMm.. �..._..-.w�-___- _-_- Traffic Enforcement -Overtime for grant funded law enforcementoperations conducted by appropriate 36 department personnel. Distracted Driver - Overtime fmm- or grant funded law enforcement operations conducted by appropriate. 24 department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate 12 department personnel. Night-time Click itor Ticket- Overtime-� for grant funded law enforcement operations conducted by 2 appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations 142 conducted by appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events 1 supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. 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 I' EQUIPMENT I TITER DIRECT COSTS DUI Checkpoint Supplies - on -scene supplies needed to conduct sobriety checkpoints. Costs may 1 include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies heater, propane for heaters, fan, anti -fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. PAS Device/Calibration Supplies - preliminary alcohol screening device to detect the presence of 4 alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth feces, as and accessories.. Portable Light Tower -high intensity light on a telescoping shaft and stabilized platform to illuminate a 2 wide area for greater visibility during night time operations. Costs may include a generator and accessories. INDIRECT COSTS TA rEMENTS/ ISCLAIMERs 9/24/2019 7:02;05 PM Page 8 of 15 Program Income default statement: Enforcement Grant Quota Disclaimer: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 9/24/2019 7:02:05 PM Page 9 of 15 State of CaliforniaOffice of Traffic Safety GRANT NUMBER GRANT AGREEMENT 37 Exhibit A CERTIFICATIONS ANIS ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59, As AmENpIDI Failure to comply with applicable Federal statutes; regulations; and directives may subject Grantee Agency otticials to civil or criminal penalties and/or place the State in a high-risk grantee status in accordance with 49 CFR §18.12. - officials named on . e certify- on the grant agreementsignature page, t at t . Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, .-olicies and laws in effect with resvectto the ?,eriods for- . i a i-licable grovisionsi..,. but i 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 Part1300—UniformProcedures for State Highway Safety Grant Programs NONDISCRIMINATION • ,. ` i r zWWS. • i . •1,9,ti*13 re nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.; 78 stat: 252) (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601); (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq) and Title IX f the Education Amendments of 1972, . amended •: •ir) (prohi•it discriminatioonthe basis 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); 10 Titles Il and 111 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; 9/24/2019 7:02:05 PM Page 10of 15 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority an4 low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). i Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federal ly-assi sted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; Acknowledges that the United States has a right to seekjudicial enforcement with regard to any matter arisin under these Non -Discrimination Authorities and this Assurance; I o Agrees to insert in all contracts and funding agreements with other State or private entities the following clause a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d� That, in event a contractor/funding recipient falls to comply with any nondiscrimination provisions in this contract/fun ding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding e. To insert this clause, including paragraphs (a) through (e), in every subcontract and sub agreement and in every solicitation for a subcontract or SUb-agreement, that receives Federal funds under this program. 9/24/20 1 9 7:02:05 PM Page 11 of 15 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 L LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that, 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3 The undersigned shall req ir that the language of thi rtift ation be included in the award d c sub -award (including• and contracts undergrant,i 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. 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 oca 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 corn m uni cations 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. IIIi • i • Vq belowirs-IlTu -m fm DUt f agrees to comply with the requirements of • ra.rts 1r and 1200. 9/24/2019 7:02:05 PM Page 12 of 15 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this c• f transaction. The prospective primary tier participant •mit an explanation of determinationcannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's • enter into this transaction.However, e of the prospective primary tier participant • furnish a certificationan explanation shall disqualify such pers• • participation transaction. I The certification in this clause is a material representation of fact upon which reliance was placed when the department • agency determined to enter into this transaction.later determined .,.'.. the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government LqpAmerintre,%encp map terminate this transaction for cause or default or ma, aursue sus�cension 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 teams its certification was erroneous when submitted or become erroneousby • • • voluntarily5. The terms covered transaction, civi1judgment, debarment, suspension, ineligible, participant, person, principal, and f`i as used in this clause, are defined in 2 CFR parts 180 . • 1200. Youdepartment 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 ti is transw.ction. "Instructions7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled •r Lower Tier Participant Certification"t • the "Certification RegardingDebarment,♦- • Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction," provided by the department or agency enterin•into this covered transaction without modification,• - • f transactions and in all solicitations in, NOW 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, participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate `f transactions. To verify the eligibilityof principals, as well a the eligibility of prospective i participants, participant may, but i required to, check the System forr. Management• #,. Nothing contained in the foregoing shall be construed to require esta s ment o a system o recor s n or er to render in good faith the certification required by this clause. The knowledge and information of a participant is not reci uired to exceed that which is normall�/ 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. m i Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Ti Covered Transactions ` r • - - r - r. r. ` i - - • • `a•- . - r • not presently debarred, suspended, proposed • debarment,declared • or • excluded from participating in covered transactions by any Federal department or agency; 9/24/2019 7:02:05 PM Page 13 of 1 ► Have not within athree-year period preceding proposal been convicted of or had . civil judgmentrendered against them for•. • of ♦ or 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 #r State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, • false statements, or • stolen property; I,- �, Are not yresentlp indicted for or otherwise criminally or civilLyA charged bp a governmental entit' Federal State *r 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 Yederal, State, or local) terminated for cause or default. (2)•:i- (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 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 3; The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is 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. transaction5. 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 originated. 6 , The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, ea.ch participant may, but is not required to, check the System for Award Management Exclusions websitejLn :v w,° , w, »e.r. 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. 9/24/2019 7:02:05 PIM Page 14of 15 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,r rn, Ineligibility and Voluntary ExclusionLower Covered Transactions: I. The prospective • - participant - by r • of f r•sal, that neither it norprincipals coveredpresently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in •ns by any Federal department or agency. 2. Where the prospective • - participant . to certify to any of •ments in this certification such prospective participant r a • to this proposal. BUY domesticallyThe State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 3 13 )) 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 produced - r be • public -rest, that such materialsare not reasonably availabler of • quality, or waiverthat inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent, In order to use Federal funds to purchase foreign produced items, the State must submit a `. _ ::..t provides an adequate r a and justificationfor approval. Secretary Transportation. PROHIBITION ON USING GRANT FUND> TO CHECK FOR HELMET USAGE (applies • subrecipients The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. LAW ENFORCEMENT AG NCES All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section 13519.4, subdivision (e), defines "racial profiling" as the "practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped. Then, subdivision (f) of that section goes on to provide, "A law enforcement officer shall not engage in racial - profiling." 9/24/2019 7:02:05 PM Page 15 of 15