Staff Report�f.CpWN OF
!ps 6RYpS
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 08/04/15
ITEM NO: 6
COUNCIL AGENDA REPORT
JULY 8, 2015
MAYOR AND TOWN COUNCIL
LES WHITE, INTERIM TOWN MANAG
ACCEPT GRANT FROM THE STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY IN THE AMOUNT OF $25,100 TO SUPPORT TRAFFIC
SAFETY INITIATIVES AND AUTHORIZE CORRESPONDING BUDGET
ADJUSTMENTS.
RECOMMENDATION:
Accept grant from the State of California Office of Traffic Safety in the amount of $25,100 to
support traffic safety initiatives and authorize corresponding budget adjustments.
BACKGROUND:
The Los Gatos /Monte Sereno Police Department has seen a high number of traffic collisions
over the past several years. Many factors contribute to these collisions including DUI, speed,
unsafe turning, and distracted driving. The number of traffic collisions involving injuries
declined in 2012 and 2013 but increased in 2014 with 81 total injury collisions with 92 victims.
The department is particularly focused on accidents involving alcohol as well as accidents
involving pedestrians and /or bicyclists. Statistics from 2014 show a total of 27 alcohol related
collisions with 3 of those involving injuries. Even more concerning is the number of collisions
involving pedestrians and /or bicyclists. The statistics for 2014 show a total of 16 pedestrian
collisions with 14 injured victims and 26 bicyclist collisions with 27 injured victims. The Los
Gatos/ Monte Sereno Police Department is committed to combating and decreasing the number
of these collisions through both traffic enforcement and education of the community.
Due to the increasing number of injury accidents, staff sought a grant from the State of
California Office of Traffic Safety which would support additional directed enforcement by
patrol officers and also increase various educational programs to educate the public about bicycle
and pedestrian safety.
PREPARED BY: MATT FRISBY
Chief of Police
Reviewed by: (_. Assistant Town Manager �Town Attorney
Y:Wdmm Analyst \Council \OTS Grant Aug 2015 \OTS Grant Staff Report 2015.doe
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT
JULY 8, 2015
DISCUSSION
The State of California Office of Traffic Safety has awarded the Police Department with a
Selective Traffic Enforcement Program (STEP) Grant in the amount of $25,100 for the grant
period beginning October 1, 2015 through September 30, 2016. The grant will pay for directed
traffic enforcement through overtime costs for officers, traffic related training for officers,
education programs focusing on bicycle and pedestrian safety, and equipment to support these
programs. It is hoped that education, enforcement, and community outreach will provide a basis
that will likely decrease the number of injury accidents in our community. Equipment items
such as bicycle helmets, education supplies, DUI checkpoint supplies, Lidar speed gun and
supplies will prove useful for this purpose.
CONCLUSION:
Staff recommends that Council accept the grant from the State of California Office of Traffic
Safety in the amount of $25,100 to support traffic safety initiatives and authorize corresponding
General Fund budget adjustments.
ALTERNATIVE:
As an alternative to the staff recommendation, Council may choose not to accept the grant from
the State of California Office of Traffic Safety.
The disadvantage of not accepting the grant is the Town would not have additional resources to
implement additional traffic safety initiatives.
COORDINATION:
The contents of this staff report were drafted in collaboration with the Finance Department and
reviewed by the Town Attorney.
FISCAL IMPACT:
A budget adjustment will be made to the General Fund that will recognize an increase of $25,100
in grant revenue as well as an expenditure appropriation increase to the Police Operations Grant
Program Account 4808 for $25,100.
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA and no further action is required.
Attachment:
1. State of California Office of Traffic Safety Grant Agreement —Grant Number PT16133
State of California — Office of Traffic Safety
GRANT AGREEMENT - Page 1
OTS -38 (Rev. 4/15)
GRANT NUMBER
PT16133
1. GRANT TITLE
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
2. NAME OF AGENCY
TOWN OF Los GATOS
4. GRANT PERIOD
From: 1011115
3. AGENCY UNIT TO ADMINISTER GRANT
LOS GATOS/MONTE SERENO POLICE DEPARTMENT
To: 9/30/16
5. GRANT DESCRIPTION
To reduce the number of persons killed and injured in traffic crashes involving alcohol and other primary
collision factors, "best practice" strategies will be conducted. The funded strategies may include: DUI
checkpoints, DUI saturation patrols, warrant service operations, stakeout operations, a "HOT Sheet" program,
educational presentations, and court stings. The program may also concentrate on speed, distracted driving, seat
belt enforcement, operations at intersections with disproportionate numbers of traffic crashes, and special
enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention
thus enhancing the overall deterrent effect.
6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: 25,100.00
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 (OTS -38b) — Problem Statement, Goals and • Exhibit A — Certifications and Assurances
Objectives and Method of Procedure • Exhibit B* - OTS Grant Program Manual
• Schedule B (OTS -38d) — Detailed Budget Estimate and
Sub - Budget Estimate (if applicable)
• Schedule B -1 (OTS -38f) — Budget Narrative and Sub -
Budget Narrative (if applicable)
*Items shown with an asterisk ( *), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly
authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. APPROVAL SIGNATURES
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY
NAME: Matt Frisby PHONE: 408- 354 -6841 NAME: Les White PHONE: 408- 354 -6832
TIT11 Chief of Police FAX: 408 - 354 -0578 T11EE. Interim Town Manager
FAX: 408-399-5786
ADDRESS: 110E Main St. ADDRESS 110E Main St.
Los Gatos, CA 95030 Los Gatos, CA 95030
E-MAIL: mfrisbY(i�loszatosca.sov E -MAIL: twhite(dJosaatosca.aov
(Signature) (Date) (Signature) (Date)
._.,
C. FISCALOR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS
NAME: Steve Conway PHONE: 408-354-6828 NAME: Town of Los Gatos
Trn.E.: Finance Director FAX: 408-354-7593 j ADDRESS: 110 E Main St.
ADDRESS: 110 E Main St. Los Gatos, CA 95030
Los Gatos, CA 95030
9. DUNS NUMBER
E -MAIL: sconway(a,loseatosca.sov DUNS #: 966372955
REGISTERED 110 E. Main Street, Los Gatos, CA 95030 -
ADDRESS& 6943
(Signature) (Date) zip:
ATTACHMENT
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. PT16133
PAGE 1
1. PROBLEM STATEMENT
The Los Gatos /Monte Sereno Police Department has seen a high number of traffic collisions over the past several
years. Many factors contribute to these collisions including DUI, speed, unsafe turning, and distracted driving. The
number of traffic collisions involving injuries declined in 2012 and 2013 but have shown an increase in 2014 based on
preliminary numbers of 81 total injury collisions with 92 victims. The department is particularly focused on accidents
involving alcohol and accidents involving pedestrians and/or bicyclists. Statistics from 2014 show a total of 27
alcohol related collisions with 3 of those involving injuries. Even more concerning is the number of collisions
involving pedestrians and/or bicyclists. The statistics for 2014 show a total of 16 pedestrian collisions with 14 injured
victims and 26 bicyclist collisions with 27 injured victims. The Los Gatos/ Monte Sereno Police Department is
committed to combating and decreasing the number of these collisions through both traffic enforcement and education
of the community.
The Town of Los Gatos is a vibrant community of over 30,000 residents in the southwestern part of Santa Clara
County nestled against the Santa Cruz Mountains. Los Gatos is an inclusive community with the full mix of ages,
family sizes and incomes. Los Gatos is also a destination point for many visitors who are attracted to the restaurants,
shopping, and outdoor activities the town has to offer. To the west of Los Gatos is the small city of Monte Sereno
with a population of approximately 4,000 residents. Monte Sereno contracts with the Town of Los Gatos for police
services. There are a total of 6 public schools and 2 private schools that serve the communities of Los Gatos and
Monte Sereno with approximately 6,000 students attending school daily. Although the Town of Los Gatos is only
15.6 square miles in size, the roadways are impacted with numerous commuters who drive, walk, and bike on a daily
basis. The citizens of Los Gatos and Monte Sereno are impacted by the problem of increased traffic and the increased
traffic collisions which occur often.
The police department is staffed with 40 full time sworn police officers that serve both communities with a minimum
of 5 officers working each shift. The department is conunitted to maintaining safe roadways for our residents and
visitors to both Los Gatos and Monte Sereno. The Los Gatos /Monte Sereno Police Department collaborates with
other agencies within Santa Clara County to participate in AVOID programs, distracted driving and click it or ticket
programs.
A. Traffic Data Summary:
;Collision
2012
2013
2014
Type
Collisions !
Victims
CDMSi0115
Victims.
Collisions
Victims
Fatal
0
0
0
0
0
0
Injury
78
95
77
95
81
92
Fatah
Injury:'
Killed
Injured
Fatal
Injury
Killed:
Injured t
Fatal
:=Injury
'Killed
Injured.`
Alcohol -
0
6
0
10
0
7
0
11
0
3
0
3
Involved
Hit & Run
0
2
0
3
0
8
0
9
0
5
0
6
Nighttime
0
8
0
12
0
10
0
15
0
—5-0
6
(2100 -0259 hours)
'Top 3,Primary C0111S10n Factors, S
Fatal
Injury I
Killed
1 Injured
OTS -38b (Rev. 4/15)
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. PT16133
PAGE 2
#1 - 22350 VC — Speeding 0 73 0 95
#2 - 22107 VC— Unsafe Turn 0 44 0 49
#3 - 21804(A) VC —Yield Right of Way 0 15 0 16
2. PERFORMANCE MEASURES
A. Goals:
1) To reduce the number of persons killed in traffic collisions.
2) To reduce the number of persons injured in traffic collisions.
3) To reduce the number of persons killed in alcohol - involved collisions.
4) To reduce the number of persons injured in alcohol- involved collisions.
5) To reduce the number of persons killed in drug- involved collisions.
6) To reduce the number of persons injured in drug- involved collisions.
7) To reduce the number of persons killed in alcohol /drug combo - involved collisions.
8) To reduce the number of persons injured in alcohol /drug combo - involved collisions.
9) To reduce the number of motorcyclists killed in traffic collisions.
10) To reduce the number of motorcyclists injured in traffic collisions.
11) To reduce the number of motorcyclists killed in alcohol - involved collisions.
12) To reduce the number of motorcyclists injured in alcohol- involved collisions.
13) To reduce hit & run fatal collisions.
14) To reduce hit & run injury collisions.
15) To reduce nighttime (2100 - 0259 hours) fatal collisions.
16) To reduce nighttime (2100 - 0259 hours) injury collisions.
17) To reduce the number of bicyclists killed in traffic collisions.
18) To reduce the number of bicyclists injured in traffic collisions.
OTS -38b (Rev. 4/15)
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. PT16133
PAGE 3
19) To reduce the number of pedestrians killed in traffic collisions.
20) To reduce the number of pedestrians injured in traffic collisions.
B. Objectives:
1) To develop (by December 31) and/or maintain a "HOT Sheet' program to notify patrol and traffic
officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license
as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic
officers monthly.
2) To send 4 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST)
(minimum 16 hour) POST - certified training.
3) To send 4 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving
Enforcement (ARIDE) 16 hour POST - certified training.
4) To send I law enforcement personnel to the IACP Drug Recognition Expert (DRE) training.
7) To conduct 5 DUI Saturation Patrol operation(s).
8) To conduct 1 Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in
court.
9) To conduct 2 Traffic Enforcement operation(s), including but not limited to, primary collision factor
violations.
10) To conduct 2 Distracted Driving enforcement operation(s) targeting drivers using hand held cell
phones and texting.
11) To conduct 4 Traffic Safety educational presentations with an effort to reach 100 community
members. Note: Presentations may include topics such as distracted driving, DUI, speed, bicycle &
pedestrian safety, seatbelts and child passenger safety.
12) To conduct 3 highly publicized enforcement operation(s) in areas of or during events with a high
number of bicycle and /or pedestrian collisions resulting from violations made by bicyclists,
pedestrians, and drivers.
13) To participate in and collect and report DUI enforcement data for the NHTSA Winter and Summer
Mobilizations.
OTS -38b (Rev. 4/15)
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. PT16133
PAGE 4
14) To participate in and collect and report data for the National Distracted Driving Awareness Month in
April.
15) To participate in and collect and report data for the NHTSA Click It or Ticket mobilization period in
May.
16) To participate in the National Bicycle Safety Month in May.
17) To collaborate with the county's Avoid Lead Agency by: participating in all planning/scheduling
meetings and MADD /Avoid DUI Seminars; providing your agency's schedule of operations that
occur during any Avoid campaign; and reporting your agency's DUI arrests & DUI fatality
information during any Avoid campaign.
NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a
particular police off cer issue a specified or predetermined number of citations in pursuance of the
goals and objectives hereunder.
NOTE: To enhance the overall deterrent effect and promote high visibility, it is recommended the
grantee issue an advance press release for each checkpoint operation. 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 checkpoint operations should read "DUI /Driver's License Checkpoint
Ahead ° ORS does not fund or support independent DL checkpoints. Only on an exception basis and
with OTS pre- approval will OTS fund checkpoint operations that begin prior to 1800 hours.
3. METHOD OF PROCEDURE
A. Phase I - Program Preparation, Training and Implementation (1" Quarter of Grant Year)
• The police department will develop operational plans to implement the "best practice" strategies
outlined in the objectives section.
• All training needed to implement the program should be conducted this quarter.
• All grant related purchases needed to implement the program should be made this quarter.
• In order to develop /maintain the "Hot Sheets," research will be conducted to identify the "worst of
the worst' repeat DUI offenders with a suspended or revoked license as a result of DUI convictions.
The Hot Sheets may include the driver's name, last known address, DOB, description, current license
status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and
distributed to traffic and patrol officers at least monthly.
• Implementation of the STEP grant activities will be accomplished by deploying personnel at high
collision locations.
OTS38b (Rev. 4/15)
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. PT16133
Media Requirements
PAGE 5
• 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 pioLdots.ca.:ov, and copied to your OTS Coordinator, for approval 14 days prior to the
issuance date of the release.
B. Phase 2 - Program Operations (Throughout Grant Year)
• The police department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.
Media Requirements
• Send all grant- related activity press releases, media advisories, alerts and general public materials to
the OTS Public Information Officer (PIO) at pio(d)ots.ca.gov, with a copy to your OTS Coordinator.
a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied
when the release is distributed to the press. If an OTS template is not used, or is substantially
changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time
would be 10 -20 days prior to the release date to ensure adequate turn - around time.
b) Press releases reporting the results of grant activities such as enforcement operations are exempt
from the recommended advance approval process, but still should be copied to the OTS PIO and
Coordinator when the release is distributed to the press.
c) Activities such as warrant service operations and court stings that could be compromised by
advanced publicity are exempt from pre - publicity, but are encouraged to offer embargoed media
coverage and to report the results.
Use the following standard language in all press, media, and printed materials: Funding for this
program was provided by a grant from the California Office of Traffic Safety, through the National
Highway Traffic Safety Administration.
• Email the OTS PIO at pio dots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a
short description of any significant grant - related traffic safety event or program so OTS has sufficient
notice to arrange for attendance and /or participation in the event.
• Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork,
trailer graphics, etc.) to the OTS PIO at pio ei ots.ca. and copy your OTS Coordinator for approval
14 days prior to the production or duplication.
OTS -38b (Rev. 4/15)
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. PT16133
PAGE 6
• Include the OTS logo, space permitting, on grant- funded print materials; consult your OTS
Coordinator for specifics.
C. Phase 3 — Data Collection & Reporting (Throughout Grant Year)
• Agencies are required to collect and report quarterly, appropriate data that supports the progress of
goals and objectives.
• Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated
in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include
year -to -date comparisons of goals and objectives. If required, a separate quarterly data reporting
form will be completed each quarter and submitted as part of the QPR.
• Reports will compare actual grant accomplishments with the planned accomplishments. They will
include information concerning changes made by the Grant Director in planning and guiding the
grant efforts.
• Reports shall be completed and submitted in accordance with OTS requirements as specified in the
Grant Program Manual.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
of the grant's accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full support of the Town of Los Gatos. Every effort will be made to continue the activities
after the grant conclusion.
OTS -38b (Rev. 4/15)
SCHEDULEB
DETAILED BUDGET ESTIMATE
GRANT NO. PT16133
FUND NUMBER
CATALOG
NUMBER(CFDA)
FUND DESCRIPTION
TOTAL
AMOUNT
Minimum Penalties for Repeat Offenders for
thru 9/30/16
164 AL
20.608
Driving while Intoxicated
CFDA
$ 7,034.00
402 PT
20.600
State and Community Highway Safety
$ 18,066.00
COST CATEGORY
FISCAL YEAR ESTIMATES
TOTAL COST
1011115
thru 9/30/16
TO
GRANT
A. PERSONNEL COSTS
CFDA
FY -1
Positions and Salaries
Full -Time
Overtime
$
_
DUI Saturation Patrols
20.608
$
6,933.00
$
6,933.00
Benefits @ 1.45 °%
20.608
$
101.00
$
101.00
Warrant Operations
20.600
$
1,037.00
$
1,037.00
Traffic Enforcement
20.600
$
1,196.00
$
1,196.00
Distracted Driving Enforcement
20.600
$
1,196.00
$
1,196.00
Bike/Ped Operations
20.600
$
1,795.00
$
1,795.00
Benefits @ 1.45%
20.600
$
76.00
$
76.00
Category Sub -Total
$
12,334.00
$
12,334.00
B. TRAVEL EXPENSE
In -State
20.600
$
3,500.00
$
3,500.00
Out -of -State
$
_
Category Sub -Total
$
3,500.00
$
3,500.00
C. CONTRACTUAL SERVICES
$
Category Sub -Total
$
D. EQUIPMENT
$
Category Sub -Total
$
_
$
_
E. OTHER DIRECT COSTS
Printing/Duplication Supplies
20.600
$
400.00
$
400.00
Educational Supplies
20.600
$
466.00
$
466.00
Bicycle Helmets
20.600
$
1,000.00
$
1,000.00
Display Booth
20.600
$
600.00
$
600.00
DUI Checkpoint supplies
20.600
$
1,100.00
$
1,100.00
Lidar Speed Gun & Supplies
20.600
$
5,700.00
$
5,700.00
Category Sub -Total
$
9,266.00
$
9,266.00
F. INDIRECT COSTS
$
Category Sub -Total
$
_
$
_
GRANT TOTAL
$
25,100.00
$
25,100.00
OTS -38d (Rev. 4/15) Page 1 of I
SCHEDULE B -1
GRANT No. PT16133
BUDGET NARRATIVE Page 1
PERSONNEL COSTS
Overtime
Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant,
Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc.,
depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as
needed to accomplish the grant goals and objectives.
Costs are estimated based on an overtime hourly rate range of $60.10 /hour to $109.77 /hour.
Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to
the maximum range specified.
BENEFITS
Medicare Benefits @ 1.45%
TRAVEL EXPENSE
In State: 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, SFST, ARIDE, DRE and DU1D. All conferences, seminars or
training not specifically identified in the Schedule B -1 (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 grantfunds.
CONTRACTUAL SERVICES
None
EQUIPMENT
None
OTHER DIRECT COSTS
Printing/Duplication - costs include the purchase of paper, production, printing and /or duplication of
materials associated with daily grant operations.
Educational Materials — costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring
books, posters, signs, and banners associated with grant activities, and traffic safety conference and training
materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional
items may be purchased if approved by OTS.
Bicycle Helmet(s) - helmets to be distributed during bicycle rodeos and other bicycle safety related events.
OTS-38f (Rev. 4/15)
SCHEDULE B -1
GRANT No. PT16133
BUDGET NARRATIVE Page 2
Display Booth - display /information booth at venues such as conferences, state and local fairs. Costs may
include fees and supplies such as lighting, fans, displays, and banners, rental of the following: tables, chairs,
generators and electrical service. Additional items may be purchased if approved by OTS.
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, reflective banners, electronic
flares, PAS Device, PAS device and 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.
Lidar Device(s) — light detection and ranging device used to measure the speed of motor vehicles. This
device will be used for speed enforcement. Supplies relating to Lidar Device. Total of 2 @ $2,850.00
each
INDIRECT COSTS
None
PROGRAM INCOME
There will be no program income generated from this grant.
OTS -38f (Rev. 4/15)
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
Page I
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency
officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49
CFR § 18.12.
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page,
that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State
rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
• 23 U.S.C. Chapter 4— Highway Safety Act of 1966, as amended
• 49 CFR Part 18— Unifonn Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR Part 1200— Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
The Grantee Agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-
352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b)
Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101,
et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of
age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100 -259), which requires Federal -aid recipients and
all sub - recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health
Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and
drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, etseq.),
relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination
provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the
requirements of any other nondiscrimination statute(s) which may apply to the application.
Certifications and Assurances (Rev. 6/15)
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
BUY AMERICA ACT
Page 2
The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which
contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds
unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the
public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear
justification for the purchase of non - domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation.
POLITICAL ACTIVITY (HATCH ACT)
The Grantee Agency will comply 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
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub -award at all tiers (including subcontracts, sub - grants, and contracts under grant, loans, and
cooperative agreements) and that all sub - recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Certifications and Assurances (Rev. 6/15)
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
Instructions for Primary Certification
I. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification
set out below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective 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 Grantee Agency Official to furnish a certification or an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the Grantee
Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Govermnent, the department or agency may terminate this transaction for cause or default.
4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this
grant agreement is submitted if at any time the Grantee Agency Official learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this
clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may
contact the department or agency to which this grant agreement is being submitted for assistance in
obtaining a copy of those regulations.
6. The Grantee Agency Official agrees by submitting this grant agreement that, should the 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 Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction," provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the
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Page 4
eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded
from Federal Procurement and Non - procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
(1) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency;
(b) Have not within a three -year period preceding this grant agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of record, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three -year period preceding this application/grant agreement had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this grant agreement.
Instructions for Lower Tier Certification
1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
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CERTIFICATIONS AND ASSURANCES
Page 5
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
grant agreement is submitted if at 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, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this
clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may
contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with
a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
6. The prospective lower tier participant farther agrees by submitting this grant agreement that it will include
the clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion —
Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Non - procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
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 and /or debarment.
Certifications and Assurances (Rev. 6/15)
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CERTIFICATIONS AND ASSURANCES
Page 6
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier
Covered Transactions:
The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this grant agreement.
Certifications and Assurances (Rev. 6/15)