HomeMy WebLinkAbout19 - Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant PT26058Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
September 23, 2025
Agenda Item No. 19
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org
PREPARED BY: Sabrina Fabbri, Traffic Sergeant - 949-644-3743, sfabbri@nbpd.org
TITLE: Acceptance of the State of California Office of Traffic Safety Selective
Traffic Enforcement Program Grant PT26058
ABSTRACT:
The Newport Beach Police Department (NBPD) seeks acceptance of a grant totaling
$515,000 from the State of California, Office of Traffic Safety (OTS) to fund a
Driving Under the Influence (DUI) Enforcement and Awareness Program, Traffic Safety
Enforcement Operations and DUI Sobriety Checkpoints.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Authorize the City Council to accept a $515,000 Selective Traffic Enforcement
Program award granted to the Newport Beach Police Department by the State of
California, Office of Traffic Safety; and
c) Approve Budget No. Amendment 26-028 increasing Newport Beach Police
Department revenue estimates and expenditure appropriations by $515,000.
DISCUSSION:
Newport Beach is an attractive location for Orange County nightlife and routinely
competes with other cities for the most Department of Alcoholic Beverage Control
licensed establishments in the State of California (per capita). The population of
Newport Beach is approximately 87,000 residents; however, during the summer months
the City experiences an increase in daily visitors that routinely exceeds 100,000. While
tourism generates positive tax revenue for the City of Newport Beach, it also stresses the
infrastructure, the NBPD and other City departments.
In 2007, the NBPD's first grant was requested and awarded through the OTS. Since then,
the Department has been dedicated to community education, traffic enforcement, and the
reduction of DUI -related collisions. The NBPD continues to recognize the need for
ongoing DUI enforcement and education, as the Traffic Data Summary Table below
shows.
19-1
Acceptance of the State of California Office of Traffic Safety Selective
Traffic Enforcement Program Grant PT26058
September 23, 2025
Page 2
Collision
Type
2022 Totals
2023 Totals
2024 Totals
Collisions
Victims
Collisions
Victims
Collisions
Victims
Fatal
7
10
4
4
6
6
Injury
344
464
395
518
422
552
2022 — Alcohol / Hit & Run /
Nighttime Related
Collisions
2023 — Alcohol / Hit & Run /
Nighttime Related
Collisions
2024 — Alcohol / Hit & Run /
Nighttime Related Collisions
Fatal
Injury
Killed
Injured
Fatal
Injury
Killed
Injured
Fatal
Injury
Killed
Injured
Alcohol-
Involved
3
63
5
86
0
60
1
75
2
67
2
84
Hit & Run
1
29
1
33
0
28
1
30
1
21
1
23
Nighttime
(2100-0259
hours)
2
65
4
89
1
45
1
55
2
65
23
91
Top 3 Primary Collision Factors 2024
Total Collisions
Fatal
Injury
#1-
Speed
274
160
#2 -
DUI
176
45
#3 -
Unsafe Turn
133
62
The NBPD applied for, and has been awarded, a grant from OTS to increase DUI
enforcement and awareness and to fund additional traffic safety enforcement in the City.
Funds for grant number PT26058 become available on October 1, 2025, and will expire
on September 30, 2026.
The grant funds will cover overtime and benefit costs for officers specifically assigned to
DUI enforcement and awareness programs. This includes a full-time officer dedicated to
DUI Enforcement, DUI Checkpoint Operations, DUI Saturation Patrol Operations and
Traffic Enforcement Operations related to distracted driving, motorcycle safety and
bicycle/pedestrian enforcement. In -state travel and training expenses are also included
in the grant for officers attending the Standardized Field Sobriety Testing, Advanced
Roadside Impaired Driving Enforcement, and Drug Recognition Expert training courses.
The "Know Your Limit" program is also a part of the grant this year. The "Know Your Limit"
program is a collaborative effort between the NBPD and Alcoholic Beverage Control
(ABC) licensed establishments to educate patrons about the dangers of drinking and
driving. NBPD personnel visit local alcohol -licensed establishments and provide patrons
with voluntary breath tests in order to educate them on their blood alcohol concentration,
thereby allowing patrons to "Know Your Limit" before they consider driving after
consuming alcohol.
Almost all DUI efforts involve overtime, as they are unique and short-term assignments
that do not involve personnel scheduled to work a regular patrol assignment. In other
words, the NBPD retains the same number of officers on regularly scheduled patrol while
additional officers are added for the sole purpose of conducting OTS grant -funded DUI
enforcement at no additional cost to the City.
19-2
Acceptance of the State of California Office of Traffic Safety Selective
Traffic Enforcement Program Grant PT26058
September 23, 2025
Page 3
FISCAL IMPACT:
Revenue estimates and expenditure appropriations will be increased to accept the 2026
State of California, OTS Selective Traffic Enforcement Program (STEP) Grant
(#PT26058) for increasing DUI Enforcement and Awareness and funding additional
traffic safety enforcement, as well as DUI Sobriety Checkpoints. Funds will also be used
to pay for an officer assigned full-time to DUI enforcement, their benefits, overtime costs
specifically used for this program, related costs for travel and training, and supplies.
Account
Category
Amount
11035-713002-G2615
Overtime, Safety
$329,514
11035-727016-G2615
Medicare Fringes
$6,490
11035-861001-G2615
Travel & Meetings
$2,497
Various
Other Direct Costs
$176,499
Total FY 2025-26 STEP Grant
$515,000
ENVIRONMENTAL IMPACT:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Budget Amendment
Attachment B — OTS Grant Agreement Copy
19-3
Attachment A
Budget Amendment
19-4
City of Newport Beach
r r BUDGET AMENDMENT
�LIFORr`" 2025-26 BA#: 26-028
Department: Police
ONE TIME: ❑ Yes ❑ No
Requestor: Sabrina Fabbri
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
City Clerk: Date
0 COUNCIL APPROVAL REQUIRED I Finance Director: `,�&W &;(,`A>/, W Date
Manager: �1 "ll V lid Date nqI 6
To increase revenue estimates and expenditure appropriations to accept the 2026 State of California, Office of Traffic ❑ from existing budget appropriations
Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant (#PT26058) for increasing DUI Enforcement and E3 from additional estimated revenues
Awareness and funding additional traffic safety enforcement, as well as DUI Sobriety Checkpoints. Funds will also be ❑ from unappropriated fund balance
used to pay for an Officer assigned full time to DUI enforcement, their benefits, overtime costs specifically used for this
program, related costs for travel and training, and supplies.
REVENUES
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
110
11035
431360
G2615
OTS POLICE DEPT - OTS REV
515,000.00
Subtotal
$ 515,000.00
EXPENDITURES
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
110
11035
711002
G2615
DUIOfficer-CFDA20608-Straight Time
106,829.00
110
11035
727016
G2615
BenDUlOff - CFDA20608 -Medicare Fringes
1,712.00
110
11035
728003
G2615
BenDUIOff - CFDA20608 - Compensated Absences
3,739.00
110
11035
727013
G2615
BenDUIOff - CFDA20608 - EMP Assistance Program
20.00
110
11035
727012
G2615
BenDUIOff - CFDA20608 - Life Insurance
105.00
110
11035
721001
G2615
BenDUIOff - CFDA20608 -Cafeteria Allowance FT
19,486.00
110
11035
721001
G2615
BenDUIOff - CFDA20608 - Medical Allowance FT
1,891.00
110
11035
727004
G2615
BenDUIOff - CFDA20608 - REIS $2.50 Contribution
840.00
110
11035
727018
G2615
BenDUIOff - CFDA20608 - PORAC Retiree Medical Trust
1,200.00
110
11035
727020
G2615
BenDUIOff - CFDA20608 - Deferred Comp City Contribution
2,137.00
110
11035
723003
G2615
BenDUIOff - CFDA20608 - Pension ER Normal Cost Safety
24,154.00
110
11035
712023
G2615
BenDUIOff - CFDA20609 - Crisis Team Pay
1,068.00
110
11035
712009
G2615
BenDUlOff - CFDA20608 - Scholastic Achievement
5,876.00
110
11035
712012
G2615
BenDUIOff - CFDA20608 - Holiday Safety
4,948.00
110
11035
727003
G2615
BenDUIOff - CFDA20608 -Cell Phone Stipend
960.00
110
11035
713002
G2615
DUIDLCkp - CFDA20608 - Overtime
45,000.00
110
11035
713002
G2615
DUISatPat-CFDA20608-Overtime
135,000.00
110
11035
713002
G2615
Knowl-imit - CFDA20608 - Overtime
13,500.00
110
11035
713002
G2615
CollabDUl - CFDA20608 - Overtime
18,000.00
110
11035
713002
G2615
SFST/ARIDE - CFDA20608 - Overtime
38,000.00
110
11035
713002
G2615
TrafEnfrc - CFDA20600 - Overtime
16,000.00
110
11035
713002
G2615
MtrSftOps - CFDA20600 - Overtime
4,000.00
110
11035
713002
G2615
BikePedSf - CFDA20600 - Overtime
6,000.00
110
11035
713002
G2615
StRaceEnfr - CFDA20600 - Overtime
4,000.00
110
11035
713002
G2615
CollabTraf - CFDA20600 - Overtime
6,600.00
110
11035
713002
G2615
TrfSftEdPr - CFDA20600 - Overtime
3,000.00
110
11035
713002
G2615
DisDrvOps - CFDA20616 - Overtime
29,571.00
110
11035
713002
G2615
ComColEng - CFDA20611 - Overtime
10,843.00
110
11035
727016
G2615
PRSNL BENF - CFDA20608 - Medicare
3,618.00
110
11035
727016
G2615
PRSNL BENF - CFDA20600 - Medicare
574.00
110
11035
727016
G2615
PRSNL BENF - CFDA20616 - Medicare
429.00
19-5
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
110
11035
727016
G2615
PRSNL BENF - CFDA20611 - Medicare
157.00
110
11035
841015
G2615
DUICkpSup - CFDA20608 - SPECIAL DEPT SUPPLIES NOC
917.00
110
11035
841015
G2615
LidarDev - CFDA20600 - SPECIAL DEPT SUPPLIES NOC
2,329.00
110
11035
861001
G2615
OTSOverall - CFDA20600 - IN TRAVEL
2,497.00
Subtotall
515,000.00
FUND BALANCE
Fund # Object Description Increase or (Decrease) $
110 300000 OTS GRANT FUND - FUND BALANCE CONTROL
Subtotall $
No Change In Fund Balance
19-6
State of California — Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT26058
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY
3. Grant Period
Newport Beach
From: 10/01/2025
To: 09/30/2026
4. AGENCY UNIT TO ADMINISTER GRANT
Newport Beach 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. In addition, the
department will participate in community collaboration and engagement activities to engage in conversations
regarding traffic safety with community members.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $515,000.00
Allocation is contingent upon availability of federal funds.
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.Qov.
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.
B. Approval Signatures
A. GRANT DIRECTOR
B. AUTHORIZING OFFICIAL
NAME: Sabrina Fabbri
NAME: Joe Stapleton
TITLE: Sergeant
TITLE: Mayor
EMAIL: sfabbri@nbpd.org
EMAIL: jstapleton@newportbeachea.gov
PHONE: (949) 644-3743
PHONE: (949) 644-3001
ADDRESS: 870 Santa Barbara Drive
ADDRESS: 100 Civic Center Drive
Newport Beach, CA 92660
Newport Beach, CA 92660
(Signature) (Date)
(Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFF ICF OF TRAFFIC SAFETY
NAME: Jason AI -imam
NAME: Stephanie Dougherty
TITLE: Finance Director
TITLE: Director
EMAIL: jalimam@newportbeachca.gov
EMAIL: stephanie.dougherty@ots.ca.gov
PHONE: (949) 644-3126
PHONE: (916) 509-3030
ADDRESS: 100 Civic Center Drive
ADDRESS: 2208 Kausen Drive Suite 300
Newport Beach, CA 92660
Sacramento, CA 95758
(Signature) (Date)
(Signature) (Date)
9/3/2025 11:33:18 AM
Page 1 of 21
19-7
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 19. SAM INFORMATION
NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
SAM #: FPFYQSEFJ8M3
REGISTERED
ADDRESS: 100 Civic Center Drive
CITY: Newport Beach
ZIE+4: 92660-3267
10. PROJECTED EXPENDITURES
FUND
CFDA
ITEMIAPPROPRIATION
F.Y.
CHAPTER
STATUTE
PROJECTED
EXPENDITURES
405e DDL-26
20.616
0521-0890-101
2025
04125
BA125
$30,000.00
1906-26
20.611
0521-0890-101
2025
1 04125
BA125
$11,000.00
164AL-26
20,608
0521-0890-101
2025
04125
BA125
$429,000.00
402PT-26
20.600
0521-0890-101
2025
04125
BA125
$45,000.00
AGREEMENT
$515,000.00
TOTAL
AMOUNT ENCUMBERED BY
$515,000.00
THIS DOCUMENT
! CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
PRIOR AMOUNT ENCUMBERED FOR THIS
purpose of the expenditure stated above.
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE
DATE SIGNED
TOTAL AMOUNT ENCUMBERED TO DATE
$515,000.00
9/3/2025 11:33:18 AM
Page 2 of 21
19-8
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule A
1. PROBLEM STATEMENT
GRANT NUMBER
PT26058
Describe the city, county, or jurisdiction this grant will impact.
Newport Beach is a picturesque coastal city located in Orange County, California, known for its luxurious
lifestyle, stunning beaches, and world -class amenities. The city covers approximately 53 square miles,
including 35 square miles of water, making it a haven for water enthusiasts, nature lovers, and those
seeking a vibrant yet relaxed coastal community.Key Features of Newport Beach
• Beaches and Outdoor Recreation:
• Newport Beach is home to some of California's most iconic beaches, such as Newport Beach Pier,
Balboa Beach, and Corona del Mar State Beach. The city offers exceptional opportunities for surfing,
sailing, paddleboarding, and other water sports. The Newport Harbor, one of the largest recreational
harbors on the West Coast, attracts boaters from around the world.
• Balboa Peninsula and Island:
• The Balboa Peninsula is a lively area featuring waterfront homes, charming shops, and attractions
such as the Balboa Fun Zone and the historic Balboa Pavilion. Balboa Island, accessible by ferry,
offers quaint boutiques, dining spots, and the famous Balboa Bars —a local frozen treat.
• Luxury Living and Real Estate:
• Newport Beach is synonymous with luxury, boasting some of the most prestigious real estate in
Southern California. From oceanfront estates in communities like Crystal Cove and Pelican Hill to
stylish residences on Newport Coast, the city is a hub for affluent residents.
Shopping, Dining and Night Life:
Newport Beach is a premier destination for high -end shopping and dining. Fashion Island, an open-air
shopping center, offers a mix of upscale retail stores and gourmet restaurants. Along the waterfront, visitors
can enjoy fresh seafood and fine dining at iconic establishments. Newport Beach competes against other
cities for the most Department of Alcoholic Beverage Control licensed establishments in the State of
California (per capita)
• Cultural and Community Events The city hosts numerous events, including the Newport Beach
Film Festival, the Christmas Boat Parade in the harbor, and summer concerts. Its vibrant arts and
culture scene enriches the community and attracts visitors year-round.
Natural Beauty:
Beyond its beaches, Newport Beach features stunning nature preserves like the Upper Newport Bay
Nature Preserve (Back Bay), which provides opportunities for hiking, birdwatching, and kayaking.
The city's commitment to preserving its natural environment enhances its appeal to outdoor
enthusiasts.
• Tourism and Population:
• While Newport Beach has a permanent population of approximately 86,000 residents, this number
often swells during the summer and holiday seasons, as the city attracts visitors from across the
region, state, and globe. Tourists are drawn to its pristine beaches, harbor activities, and world -class
hospitality.Quality of Life
Newport Beach offers an unparalleled quality of life, blending coastal charm with modern sophistication.
With its clean streets, highly rated schools, safe neighborhoods, and focus on outdoor living, it appeals to
families, retirees, and professionals alike.Signature Identity
At its core, Newport Beach is a unique mix of laid-back coastal vibes and cosmopolitan energy. It is a city
where luxury meets nature, where residents and visitors alike can enjoy stunning sunsets, sailboats gliding
across the harbor, and an overall sense of California's quintessential coastal lifestyle.
913I2025 11:33:18 AM
Page 3 of 21
19-9
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most
recent calendar year datalstats).
According to the most recent data (2022) from the California Office of Traffic Safety, the City of Newport
Beach ranks 66th out of 104 similarly sized California cities in crash -related categories per capita. This
ranking highlights a clear opportunity for improvement. By leveraging grant funding and implementing a
proactive strategy, Newport Beach can address critical areas such as reducing fatal and injury crashes
involving motorcyclists, bicyclists, unsafe speeds, and impaired drivers.
As a destination city attracting visitors from across the region, state, and world, Newport Beach experiences
a significant daily population increase. Many individuals come to work, shop, dine, or enjoy the beaches,
adding to the traffic on local roadways and contributing to the city's current crash statistics. To enhance
roadway safety for all users —including residents, businesses, and visitors —the Newport Beach Police
Department (NBPD) continues to utilize funding from the Office of Traffic Safety (OTS) to provide traffic
education, enforce safety laws, and target impaired driving, including DUls involving alcohol, drugs, or a
combination of both.
2023 Traffic Crash Data
In 2023, Newport Beach experienced 749 traffic crashes, with 396 resulting in injuries affecting 518 victims.
The high number of traffic -related violations reflects the challenges posed by both residents and the influx of
visitors to the city's beaches, restaurants, and shopping destinations.
• Impaired Driving:
• 146 traffic crashes in 2023 were attributed to DUI as the primary factor.
• Tragically, in May 2024, a 14-year-old pedestrian lost her life in a crashes caused by a driver
under the influence of alcohol.
• Additionally, 75 individuals were injured in alcohol -related crashes.
• Newport Beach ranks 14th out of 104 cities for alcohol -involved injury/fatal
crasshes (NHTSA). Despite these numbers, the city ranks 90th out of 104 for DUI arrests,
reflecting an ongoing effort to improve enforcement and reduce DUI incidents.
Unsafe Speed and Racing Vehicles
Unsafe speed was the leading primary crashes factor in 2023, accounting for 270 crashes. The city's long
stretches of roadways often encourage speeding, creating hazardous conditions for motorists, bicyclists, and
pedestrians. Additionally, NBPD regularly receives complaints about modified vehicles with loud exhausts
and racing, further exacerbating safety risks in the community.
Bicycle and E-Bike Safety
As a beach community with a daily population of approximately 86,000—frequently swelling to over 100,000
depending on weather and seasonal factors —Newport Beach faces unique challenges in managing bicycle
and pedestrian traffic. In 2023, 100 injury crashes involved bicyclists.
The rise in a -bike usage has emerged as a significant concern. Complaints about e-bike riders frequently
involve:
• Minors not wearing helmets.
• Unsafe operations and California Vehicle Code (CVC) violations,
• Near -crashes between e-bike riders and pedestrians.
Increased education and enforcement are essential to address these concerns and ensure safer streets for
all users.
Motorcycle Safety
Newport Beach's scenic coastline attracts many motorcyclists, adding to traffic safety challenges. In 2023,
there were 25 motorcycle crashes, 23 of which resulted in injuries affecting 16 victims. Factors contributing
to these incidents include motorcyclists failing to follow traffic laws and general motorists failing to share the
road responsibly. Ensuring safer conditions for motorcyclists and other road users remains a priority for the
NBPD.
The Newport Beach Police Department remains committed to addressing these challenges through
education, enforcement, and collaboration with community and law enforcement partners. By focusing on
primary crashes factors, impaired driving, unsafe speed, and bicycle and pedestrian safety, the department
aims to create a safer environment for all who live, work, and visit Newport Beach.
Define the target population the grant intends to serve and how they are affected by the problem(s).
Newport Beach serves a diverse target population that includes its permanent residents, daily commuters,
seasonal tourists, and local business patrons. Each group interacts with the city's roadways in different
9/3/2025 11:33:18 AM Page 4 of 21
19-10
ways, creating unique traffic safety challenges that must be addressed to maintain the city's high quality of
life and reputation as a premier destination.1. Permanent Residents
• Profile: The city's approximately 86,000 permanent residents include families, retirees, young
professionals, and affluent individuals who live in upscale neighborhoods like Newport Coast, Balboa
Island, and Corona del Mar.
• Traffic Safety Impact:
• Residents often use local streets for commuting, school drop-offs, and recreational activities
such as biking and walking.
• Traffic safety concerns include speeding in residential areas, increased pedestrian and
bicycle traffic, and the risks posed by impaired or distracted drivers.
• Many residents own a -bikes and other recreational vehicles, increasing the need for
education and enforcement around safe usage.2. Daily Commuters
• Profile: Thousands of individuals commute to Newport Beach for work, particularly to its bustling
business hubs like Newport Center (home to Fashion Island) and the healthcare and finance sectors.
• Traffic Safety Impact:
• Commuters contribute to peak -hour congestion, particularly on major roadways like Pacific
Coast Highway, MacArthur Boulevard, and Jamboree Road.
• Unsafe driving behaviors, such as speeding or distracted driving during commutes, increase
the risk of crashes.
• Parking shortages and crowded intersections in business districts can lead to additional
traffic -related issues.3. Tourists and Visitors
• Profile: Newport Beach attracts millions of visitors annually, including regional day-trippers, domestic
tourists, and international travelers. Popular attractions include the beaches, Newport Harbor, Balboa
Island, and upscale shopping and dining experiences.
• Traffic Safety Impact:
• Tourists may be unfamiliar with local traffic patterns and regulations, leading to erratic driving
or navigation errors.
• Seasonal surges in population, particularly during summer months and holidays, significantly
increase congestion and the likelihood of crashes.
• Pedestrian and bicycle traffic spikes in high -tourist areas such as the Balboa Peninsula and
Corona del Mar, requiring additional focus on crosswalk safety and bike lane enforcement.4.
Recreational Users (Bicyclists, E-Bike Riders, and Motorcyclists)
• Profile: Newport Beach's scenic coastline, harbor, and outdoor amenities make it a hotspot for
recreational users, including cyclists, e-bike riders, and motorcyclists.
• Traffic Safety Impact:
• Bicyclists and e-bike riders often share busy roadways with vehicles, increasing the risk of
crashes. In 2023, there were 100 injury crashes involving bicyclists.
• E-bikes, particularly among younger users, present unique safety challenges, including
helmet compliance, unsafe riding behaviors, and conflicts with pedestrians.
• Motorcyclists attracted to the city's scenic routes often engage in risky behaviors like
speeding, posing dangers to themselves and other road users.5. Businesses and Their
Patrons
• Profile: Newport Beach boasts a vibrant business community, including luxury retailers, restaurants,
and service providers. Local businesses depend on the steady flow of residents, commuters, and
tourists.
• Traffic Safety Impact:
• High traffic volumes near business hubs create challenges such as parking lot crashes,
jaywalking pedestrians, and delivery vehicle obstructions.
• Businesses also rely on safe and efficient roadways to maintain accessibility for customers
and employees. Conclusion
The diverse target population of Newport Beach —residents, commuters, visitors, and recreational users ----
collectively faces traffic safety challenges unique to a bustling coastal community. Addressing these issues
through proactive education, enforcement, and engineering improvements is essential to ensure the safety
and well-being of all who live, work, and visit the city.
2. PERFORMANCE MEASURES
9/3/2025 11:33:18 AM
Page 5 of 21
19-11
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.
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 news release announcing the kick-off of the grant by December 31st. The
1
kick-off news 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.
2.
Participate and report data (as required) in the following campaigns; Quarter 1:
12
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,
3.
Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol
12
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.
4.
Send law enforcement personnel to the NHTSA Standardized Field Sobriety
5
Testing SFST minimum 16 hours POST -certified training.
5.
Send law enforcement personnel to the NHTSA Advanced Roadside Impaired
5
Driving Enforcement (ARIDE) 16 hour POST -certified training.
6.
Send law enforcement personnel to the Drug Recognition Expert (DRE) training
1
classroom and field training must be completed).
7.
Send law enforcement personnel to the DRE Recertification training.
3
8.
Send law enforcement personnel to SFST Instructor training.
1
9.
Conduct DUIIDL Checkpoints. A minimum of 1 checkpoint should be conducted
3
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 DUIIDL checkpoints, departments should issue
press releases that mention DL's will be checked at the DUIIDL checkpoint. Signs
for DUIIDL 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, DUIIDL Checkpoint screeners should be DRE- or
ARIDE-trained.
10. Conduct DUI Saturation Patrol operation(s).
75
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19-12
11. Conduct Traffic Enforcement operation(s), including but not limited to, primary
8
crash factor violations.
12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting
11
drivers using hand held cell phones and texting.
13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or
2
during events with a high number of motorcycle incidents or crashes resulting from
unsafe speed, DUI, following too closely, unsafe lane changes, improper turning,
and other primary crash factor violations by motorcyclists and other drivers.
14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
3
areas or during events with a high number of pedestrian and/or bicycle crashes
resulting from violations made by pedestrians, bicyclists, and drivers.
15. Conduct Traffic Safety educational presentation(s) with an effort to reach
3
community members. Note: Presentation(s) may include topics such as distracted
driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger
safety.
16. Conduct Know Your Limit campaigns with an effort to reach members of the
9
community.
17. Conduct Drug Recognition Expert (DRE) training for law enforcement officers.
1
Training consists of 72 hours of classroom instruction.
18. Conduct Advanced Roadside Impaired Driving Enforcement (ARIDE) POST-
1
certified trainings for law enforcement officers. Training consists of 16 hours of
classroom training.
19. Conduct Standardized Field Sobriety Testing (SFST) POST -certified trainings 16
1
hour minimum for law enforcement officers.
20. Participate in highly visible collaborative DUI Enforcement operations.
10
21. Participate in highly visible collaborative Traffic Enforcement operations.
3
22. Send law enforcement personnel to DUI Checkpoint Planning and Management
1
training.
23. Conduct specialized enforcement operations focusing specifically on street racing
2
and sideshow activities.
24. Identify grant funded, straight time personnel. Include any vacancies or staff
1
changes that have occurred. For any vacancies, include the status of filling the
vacancy.
25. Participate in community collaboration and engagement activities to engage in
7
conversations regarding traffic safety to both share information and receive input
from the community members.
3. METHOD OF PROCEDURE
A. Phase 1 — Program Preparation (111 Quarter of Grant Year)
• The department will develop operational plans to implement the "best practice" strategies
outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter.
• Purchase all grant related supplies and materials to implement the program, in the first quarter.
• Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.
• 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 news release approved by the OTS PIO announcing the kick-off of the grant by December 31
and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The
kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 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)
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19-13
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(d),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(cDots.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, news
releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at pio(a7ots.ca.gov and your OTS grant coordinator when any
material is distributed to the media and public, such as a news release, educational material, or
link to social media post.
• 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(aD_ots.ca.gov for approval
and copy your OTS grant coordinator.
• News 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 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(cDots.ca.gov and your OTS grant coordinator with the 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.
• 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 pJ_Q(_5_)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 the OTS PIO and copy 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(cDots.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
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19-14
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 news 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 P10 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
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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19-15
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT26058
FUND NUMBER
CATALOG
FUND DESCRIPTION
TOTAL AMOUNT
NUMBER CEDA
1906-26
20.611
Racial Profiling Prohibition Grants
$11,000.00
405e DDL-26
20.616
Distracted Driving Laws
$30,000.00
402PT-26
20.600
State and Community Highway
$45,000.00
Safety
164AL-26
20.608
Minimum Penalties for Repeat
$429,000.00
Offenders for Driving While
Intoxicated
COST CATEGORY
FUND
NUMBER
UNIT COST OR
RATE
UNITS
TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
DUI Officer
164AL-26
$51.36
2,080
$106,829.00
Benefits for DUI Officer @ 63.78%
164AL-26
$106,829.00
1
$68,136.00
Overtime
DUI/DL Checkpoints
164AL-26
$15.000.00
3
$45,000.00
DUI Saturation Patrols
164AL-26
$1,800.00
75
$135,000.00
Know Your Limit
164AL-26
$1,500.00
9
$13,500.00
Collaborative DUI Enforcement
164AL-26
$1,800.00
10
$18,000.00
SFST/ABIDE/DRE Instruction
164AL-26
$38,000.00
1
$38,000,00
Benefits for 164AL OT @ 1.45%
164AL-26
$249,500.00
1
$3,618.00
Traffic Enforcement
402PT-26
$2,000.00
8
$16,000.00
Motorcycle Safety Enforcement
402PT-26
$2,000.00
2
$4,000.00
Pedestrian and Bicycle Enforcement
402PT-26
$2,000.00
3
$6,000.00
Street Racing and Sideshow Enforcement
Operations
402PT-26
$2,000.00
2
$4,000.00
Collaborative Traffic Enforcement
402PT-26
$2,200.00
3
$6,600.00
Traffic Safety Educational Presentations
402PT-26
$1,000.00
3
$3,000.00
Benefits for 402PT OT @ 1.45%
402PT-26
$39,600.00
1
$574.00
Distracted Driving Enforcement
405e DDL-
26
$2,688.30
11
$29,571.00
Benefits for 405e DDL OT @ 1.45%
405e DDL-
26
$29,572.00
1
$429.00
Community Collaboration Engagement
1906-26
$1,549.00
7
$10,843.00
Benefits for 1906 OT @ 1,45%
1906-26
$10,843.00
1
$157.00
Category Sub -Total
$509,257.00
B. TRAVEL EXPENSES
In State Travel
402PT-26
$2,497.00
1
$2,497.00
$0.00
Category Sub -Total
$2,497.00
C. CONTRACTUAL SERVICES
$0. ao
Category Sub -Total
$0.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
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19-16
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
164At_-26
$917.00
1
$917.00
Lidar Device
402PT-26
$2,329.00
1
$2,329.00
Category Sub -Total
$3,246.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $515,000.00
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19-17
State of California —Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT26058
BUDGET NARRATIVE
PERSONNEL COSTS
DUI Officer - Claimed amounts must reflect actual benefit costs for straight time hours charged to the grant.
Total Benefit Rate: 63.78%
5.22% Other benefits
18.24% Health
1.77% Other medical
3.91 % Supplemental Retirement
22.61 % Retirement
12.03% Specialty Pa
Benefits for DUI Officer @ 63.78% - Claimed amounts must reflect actual benefit costs for straight time
hours charged to the grant.
Total Benefit Rate 63.78%
5.22% Other Benefits
5.21 % Health
1.77% Other Medical
3.91 % Supplemental Retirement
22.61 % Retirement
12.03% Specialty Pays
DUIIDL 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.
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by
appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
SFSTIARIDEIDRE Instruction - Overtime for grant funded instructor training conducted by appropriate
department personnel.
Benefits for 164AL OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours
charged to the grant.
Medicare - 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Motorcycle Safety Enforcement - 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.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement
operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic 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 @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours
charged to the grant.
Medicare - 1.45%
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
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19-18
Benefits for 405e DDL OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours
charged to the grant.
Medicare - 1.45%
Community Collaboration Engagement - Overtime for grant funded community collaborative engagement
conducted by appropriate department personnel.
Benefits for 1906 OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours
charged to the grant.
Medicare - 1.45%
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 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, reflective banners, electronic flares,
PAS Device Supplies, PAS 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 - Light detection and ranging device used to measure the speed of motor vehicles. This device
will be used forspeed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
INDIRECT COSTS
STAT E M E NTSID i SC LAI M E RS
There will be no program income generated from this grant.
Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave
and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and
(b) follows an appointment made in accordance with state or local laws and rules and meets federal
requirements.
Any non -grant funded vacancies created by reassignment to a grant -funded position must be filled at the
expense of the grantee agency.
Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and
objectives here under.
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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19-19
State of California -Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT26058
Appendix A to Part 1300—Certifications and Assurances for 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 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 mart 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 orwhose 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 W 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 11 and 1l1 of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37
and 38
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The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations,"
respectively.
GENERALASSURANCES
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 to
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 Rights 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.
SPEC1Fic 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 § 21.23(b) and (c) of
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.0 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 to as DOT
order 1050.2A) a 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
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19-21
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.
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 investigations
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
9/3/2025 11:33:18 AM
Page 16 of 21
19-22
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 subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions;
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -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 local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal:
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TiER PARTICIPANT CERTIFICATION (STATES)
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19-23
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 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/j.
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
9/3/2025 11:33:18 AM Page 18 of 21
19-24
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 %,',
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
9.44, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is responsible for ensuring that its principals
are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify
the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions
website
( hftgs://www.sam.gol�).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
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Page 19 of 21
19-25
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
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.
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 will increase the cost of the overall project contract by more than 25 percent. In order to use
Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an
adequate basis and justification for approval by the Secretary of Transportation.
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 such 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.
DISCLOSURE REQUIREMENTS
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19-26
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
interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
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.trafficsafef .or . 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 company -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.
9I312025 11:33:18 AM Page 21 of 21
19-27
Attachment B
OTS Grant Agreement Copy
19-28
State of California — Office of Traffic Safety
GRANT NUMBER
GRANT AGREEMENT PT26058
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY
3. Grant Period
Newport Beach
From: 10/01/2025
To: 09/30/2026
4. AGENCY UNIT TO ADMINISTER GRANT
Newport Beach 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. In addition, the
department will participate in community collaboration and engagement activities to engage in conversations
regarding traffic safety with community members.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $515,000.00
Allocation is contingent upon availability of federal funds.
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: Sabrina Fabbri
NAME: Joe Stapleton
TITLE: Sergeant
TITLE: Mayor
EMAIL: sfabbri@nbpd.org
EMAIL: jstapleton@newportbeachca.gov
PHONE: (949) 644-3743
PHONE: (949) 644-3001
ADDRESS: 870 Santa Barbara Drive
ADDRESS: 100 Civic Center Drive
Newport Beach, CA 92660
Newport Beach, CA 92660
(Signature) (Date)
(Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Jason AI -imam
NAME: Stephanie Dougherty
TITLE: Finance Director
TITLE: Director
EMAIL: jalimam@newportbeachca.gov
EMAIL: stephanie.dougherty@ots.ca.gov
PHONE: (949) 644-3126
PHONE: (916) 509-3030
ADDRESS: 100 Civic Center Drive
ADDRESS: 2208 Kausen Drive Suite 300
Newport Beach, CA 92660
Sacramento, CA 95758
(Signature) (Date)
(Signature) (Date)
APPROVED AS J'SIGE
M:
913I2025 11:33:18 AM CITYATTOR I- Page 1 of 21
gy 19-29
C. Harp, City Attorney t:t 2 �L . }
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME: Carolyn Vu SAM #: FPFYQSEFJ8M3
ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED
Elk Grove, CA 95758 ADDRESS: 100 Civic Center Drive
CITY: Newport Beach
ZIP+4: 92660-3267
10. PROJECTED
EXPENDITURES
FUND
CFDA
ITEM/APPROPRIATION
F.Y.
CHAPTER
STATUTE
PROJECTED
EXPENDITURES
405e DDL-26
20.616
0521-0890-101
2025
04/25
BA/25
$30,000.00
1906-26
20.611
0521-0890-101
2025
04/25
BA/25
$11,000.00
164AL-26
20.608
0521-0890-101
2025
04/25
BA/25
$429,000.00
402PT-26
20.600
0521-0890-101
2025
04/25
BA/25
$45,000.00
AGREEMENT
$515,000.00
TOTAL
AMOUNT ENCUMBERED BY
$515,000.00
THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
PRIOR AMOUNT ENCUMBERED FOR THIS
purpose of the expenditure stated above.
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE
DATE SIGNED
TAL AMOUNT ENCUMBERED TO DATE
$515,000.00
r
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Page 2 of 21
19-30
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule A
1. PROBLEM STATEMENT
GRANT NUMBER
PT26058
Describe the city, county, or jurisdiction this grant will impact.
Newport Beach is a picturesque coastal city located in Orange County, California, known for its luxurious
lifestyle, stunning beaches, and world -class amenities. The city covers approximately 53 square miles,
including 35 square miles of water, making it a haven for water enthusiasts, nature lovers, and those
seeking a vibrant yet relaxed coastal community.Key Features of Newport Beach
• Beaches and Outdoor Recreation:
• Newport Beach is home to some of California's most iconic beaches, such as Newport Beach Pier,
Balboa Beach, and Corona del Mar State Beach. The city offers exceptional opportunities for surfing,
sailing, paddleboarding, and other water sports. The Newport Harbor, one of the largest recreational
harbors on the West Coast, attracts boaters from around the world.
• Balboa Peninsula and Island:
• The Balboa Peninsula is a lively area featuring waterfront homes, charming shops, and attractions
such as the Balboa Fun Zone and the historic Balboa Pavilion. Balboa Island, accessible by ferry,
offers quaint boutiques, dining spots, and the famous Balboa Bars —a local frozen treat.
• Luxury Living and Real Estate:
• Newport Beach is synonymous with luxury, boasting some of the most prestigious real estate in
Southern California. From oceanfront estates in communities like Crystal Cove and Pelican Hill to
stylish residences on Newport Coast, the city is a hub for affluent residents.
Shopping, Dining and Night Life:
Newport Beach is a premier destination for high -end shopping and dining. Fashion Island, an open-air
shopping center, offers a mix of upscale retail stores and gourmet restaurants. Along the waterfront, visitors
can enjoy fresh seafood and fine dining at iconic establishments. Newport Beach competes against other
cities for the most Department of Alcoholic Beverage Control licensed establishments in the State of
California (per capita)
• Cultural and Community Events: The city hosts numerous events, including the Newport Beach
Film Festival, the Christmas Boat Parade in the harbor, and summer concerts. Its vibrant arts and
culture scene enriches the community and attracts visitors year-round.
• Natural Beauty:
• Beyond its beaches, Newport Beach features stunning nature preserves like the Upper Newport Bay
Nature Preserve (Back Bay), which provides opportunities for hiking, birdwatching, and kayaking.
The city's commitment to preserving its natural environment enhances its appeal to outdoor
enthusiasts.
• Tourism and Population:
• While Newport Beach has a permanent population of approximately 86,000 residents, this number
often swells during the summer and holiday seasons, as the city attracts visitors from across the
region, state, and globe. Tourists are drawn to its pristine beaches, harbor activities, and world -class
hospitality.Quality of Life
Newport Beach offers an unparalleled quality of life, blending coastal charm with modern sophistication.
With its clean streets, highly rated schools, safe neighborhoods, and focus on outdoor living, it appeals to
families, retirees, and professionals alike.Signature Identity
At its core, Newport Beach is a unique mix of laid-back coastal vibes and cosmopolitan energy. It is a city
where luxury meets nature, where residents and visitors alike can enjoy stunning sunsets, sailboats gliding
across the harbor, and an overall sense of California's quintessential coastal lifestyle.
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Describe the problem(s) to be addressed, supported by current and relevant crash data. (most
recent calendar year data/stats).
According to the most recent data (2022) from the California Office of Traffic Safety, the City of Newport
Beach ranks 66th out of 104 similarly sized California cities in crash -related categories per capita. This
ranking highlights a clear opportunity for improvement. By leveraging grant funding and implementing a
proactive strategy, Newport Beach can address critical areas such as reducing fatal and injury crashes
involving motorcyclists, bicyclists, unsafe speeds, and impaired drivers.
As a destination city attracting visitors from across the region, state, and world, Newport Beach experiences
a significant daily population increase. Many individuals come to work, shop, dine, or enjoy the beaches,
adding to the traffic on local roadways and contributing to the city's current crash statistics. To enhance
roadway safety for all users —including residents, businesses, and visitors —the Newport Beach Police
Department (NBPD) continues to utilize funding from the Office of Traffic Safety (OTS) to provide traffic
education, enforce safety laws, and target impaired driving, including DUls involving alcohol, drugs, or a
combination of both.
2023 Traffic Crash Data
In 2023, Newport Beach experienced 749 traffic crashes, with 396 resulting in injuries affecting 518 victims.
The high number of traffic -related violations reflects the challenges posed by both residents and the influx of
visitors to the city's beaches, restaurants, and shopping destinations.
• Impaired Driving:
• 146 traffic crashes in 2023 were attributed to DUI as the primary factor.
• Tragically, in May 2024, a 14-year-old pedestrian lost her life in a crashes caused by a driver
under the influence of alcohol.
• Additionally, 75 individuals were injured in alcohol -related crashes.
• Newport Beach ranks 14th out of 104 cities for alcohol -involved injury/fatal
crasshes (NHTSA). Despite these numbers, the city ranks 90th out of 104 for DUI arrests,
reflecting an ongoing effort to improve enforcement and reduce DUI incidents.
Unsafe Speed and Racing Vehicles
Unsafe speed was the leading primary crashes factor in 2023, accounting for 270 crashes. The city's long
stretches of roadways often encourage speeding, creating hazardous conditions for motorists, bicyclists, and
pedestrians. Additionally, NBPD regularly receives complaints about modified vehicles with loud exhausts
and racing, further exacerbating safety risks in the community.
Bicycle and E-Bike Safety
As a beach community with a daily population of approximately 86,000—frequently swelling to over 100,000
depending on weather and seasonal factors —Newport Beach faces unique challenges in managing bicycle
and pedestrian traffic. In 2023, 100 injury crashes involved bicyclists.
The rise in e-bike usage has emerged as a significant concern. Complaints about a -bike riders frequently
involve:
• Minors not wearing helmets.
• Unsafe operations and California Vehicle Code (CVC) violations.
• Near -crashes between a -bike riders and pedestrians.
Increased education and enforcement are essential to address these concerns and ensure safer streets for
all users.
Motorcycle Safety
Newport Beach's scenic coastline attracts many motorcyclists, adding to traffic safety challenges. In 2023,
there were 25 motorcycle crashes, 23 of which resulted in injuries affecting 16 victims. Factors contributing
to these incidents include motorcyclists failing to follow traffic laws and general motorists failing to share the
road responsibly. Ensuring safer conditions for motorcyclists and other road users remains a priority for the
NBPD.
The Newport Beach Police Department remains committed to addressing these challenges through
education, enforcement, and collaboration with community and law enforcement partners. By focusing on
primary crashes factors, impaired driving, unsafe speed, and bicycle and pedestrian safety, the department
aims to create a safer environment for all who live, work, and visit Newport Beach.
Define the target population the grant intends to serve and how they are affected by the problem(s).
Newport Beach serves a diverse target population that includes its permanent residents, daily commuters,
seasonal tourists, and local business patrons. Each group interacts with the city's roadways in different
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ways, creating unique traffic safety challenges that must be addressed to maintain the city's high quality of
life and reputation as a premier destination.1. Permanent Residents
• Profile: The city's approximately 86,000 permanent residents include families, retirees, young
professionals, and affluent individuals who live in upscale neighborhoods like Newport Coast, Balboa
Island, and Corona del Mar.
• Traffic Safety Impact:
• Residents often use local streets for commuting, school drop-offs, and recreational activities
such as biking and walking.
• Traffic safety concerns include speeding in residential areas, increased pedestrian and
bicycle traffic, and the risks posed by impaired or distracted drivers.
• Many residents own a -bikes and other recreational vehicles, increasing the need for
education and enforcement around safe usage.2. Daily Commuters
• Profile: Thousands of individuals commute to Newport Beach for work, particularly to its bustling
business hubs like Newport Center (home to Fashion Island) and the healthcare and finance sectors.
• Traffic Safety Impact:
• Commuters contribute to peak -hour congestion, particularly on major roadways like Pacific
Coast Highway, MacArthur Boulevard, and Jamboree Road.
• Unsafe driving behaviors, such as speeding or distracted driving during commutes, increase
the risk of crashes.
• Parking shortages and crowded intersections in business districts can lead to additional
traffic -related issues.3. Tourists and Visitors
• Profile: Newport Beach attracts millions of visitors annually, including regional day-trippers, domestic
tourists, and international travelers. Popular attractions include the beaches, Newport Harbor, Balboa
Island, and upscale shopping and dining experiences.
• Traffic Safety Impact:
• Tourists may be unfamiliar with local traffic patterns and regulations, leading to erratic driving
or navigation errors.
• Seasonal surges in population, particularly during summer months and holidays, significantly
increase congestion and the likelihood of crashes.
• Pedestrian and bicycle traffic spikes in high -tourist areas such as the Balboa Peninsula and
Corona del Mar, requiring additional focus on crosswalk safety and bike lane enforcement.4.
Recreational Users (Bicyclists, E-Bike Riders, and Motorcyclists)
• Profile: Newport Beach's scenic coastline, harbor, and outdoor amenities make it a hotspot for
recreational users, including cyclists, a -bike riders, and motorcyclists.
• Traffic Safety Impact:
• Bicyclists and a -bike riders often share busy roadways with vehicles, increasing the risk of
crashes. In 2023, there were 100 injury crashes involving bicyclists.
• E-bikes, particularly among younger users, present unique safety challenges, including
helmet compliance, unsafe riding behaviors, and conflicts with pedestrians.
• Motorcyclists attracted to the city's scenic routes often engage in risky behaviors like
speeding, posing dangers to themselves and other road users.5. Businesses and Their
Patrons
• Profile: Newport Beach boasts a vibrant business community, including luxury retailers, restaurants,
and service providers. Local businesses depend on the steady flow of residents, commuters, and
tourists.
• Traffic Safety Impact:
• High traffic volumes near business hubs create challenges such as parking lot crashes,
jaywalking pedestrians, and delivery vehicle obstructions.
• Businesses also rely on safe and efficient roadways to maintain accessibility for customers
and employees.Conclusion
The diverse target population of Newport Beach —residents, commuters, visitors, and recreational users —
collectively faces traffic safety challenges unique to a bustling coastal community. Addressing these issues
through proactive education, enforcement, and engineering improvements is essential to ensure the safety
and well-being of all who live, work, and visit the city.
2. PERFORMANCE MEASURES
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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.
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 news release announcing the kick-off of the grant by December 31st. The
1
kick-off news 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.
2.
Participate and report data (as required) in the following campaigns; Quarter 1:
12
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.
3.
Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol
12
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.
4.
Send law enforcement personnel to the NHTSA Standardized Field Sobriety
5
Testing SFST minimum 16 hours POST -certified training.
5.
Send law enforcement personnel to the NHTSA Advanced Roadside Impaired
5
Driving Enforcement (ARIDE) 16 hour POST -certified training.
6.
Send law enforcement personnel to the Drug Recognition Expert (DRE) training
1
classroom and field training must be completed).
7.
Send law enforcement personnel to the DRE Recertification training.
3
8.
Send law enforcement personnel to SFST Instructor training.
1
9.
Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted
3
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
ARI DE -trained.
10. Conduct DUI Saturation Patrol operation(s).
75
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11. Conduct Traffic Enforcement operation(s), including but not limited to, primary
8
crash factor violations.
12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting
11
drivers using hand held cell phones and textin .
13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or
2
during events with a high number of motorcycle incidents or crashes resulting from
unsafe speed, DUI, following too closely, unsafe lane changes, improper turning,
and other primary crash factor violations by motorcyclists and other drivers.
14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
3
areas or during events with a high number of pedestrian and/or bicycle crashes
resulting from violations made by pedestrians, bicyclists, and drivers.
15. Conduct Traffic Safety educational presentation(s) with an effort to reach
3
community members. Note: Presentation(s) may include topics such as distracted
driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger
safety.
16. Conduct Know Your Limit campaigns with an effort to reach members of the
9
community.
17. Conduct Drug Recognition Expert (DRE) training for law enforcement officers.
1
Training consists of 72 hours of classroom instruction.
18. Conduct Advanced Roadside Impaired Driving Enforcement (ARIDE) POST-
1
certified trainings for law enforcement officers. Training consists of 16 hours of
classroom training.
19. Conduct Standardized Field Sobriety Testing (SFST) POST -certified trainings 16
1
hour minimum for law enforcement officers.
20. Participate in highly visible collaborative DUI Enforcement operations.
10
21. Participate in highly visible collaborative Traffic Enforcement operations.
3
22. Send law enforcement personnel to DUI Checkpoint Planning and Management
1
training.
23. Conduct specialized enforcement operations focusing specifically on street racing
2
and sideshow activities.
24. Identify grant funded, straight time personnel. Include any vacancies or staff
1
changes that have occurred. For any vacancies, include the status of filling the
vacancy.
25. Participate in community collaboration and engagement activities to engage in
7
conversations regarding traffic safety to both share information and receive input
from the community members.
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.
• Conduct all training needed to implement the program, in the first quarter.
• Purchase all grant related supplies and materials to implement the program, in the first quarter.
• Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.
• 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 news release approved by the OTS PIO announcing the kick-off of the grant by December 31
and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The
kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline
to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 — Pro ram Operations (Throughout Grant Year)
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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(a)-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, news
releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at pio(a)_ots.ca.gov and your OTS grant coordinator when any
material is distributed to the media and public, such as a news release, educational material, or
link to social media post.
• 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(a_ots.ca.gov for approval
and copy your OTS grant coordinator.
• News 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 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(a)ots.ca.gov and your OTS grant coordinator with the 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.
• 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(a)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 the OTS PIO and copy 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(a)_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
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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 APRs.
• Any news 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
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
PT26058
FUND NUMBER
CATALOG
FUND DESCRIPTION
TOTAL AMOUNT
NUMBER CFDA
1906-26
20.611
Racial Profiling Prohibition Grants
$11,000.00
405e DDL-26
20.616
Distracted Driving Laws
$30,000.00
402PT-26
20.600
State and Community Highway
$45,000.00
Safety
164AL-26
20.608
Minimum Penalties for Repeat
$429,000.00
Offenders for Driving While
Intoxicated
COST CATEGORY
FUND
NUMBER
UNIT COST OR
RATE
UNITS
TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
DUlOfficer
164AL-26
$51.36
2,080
$106,829.00
Benefits for DUI Officer @ 63.78%
164AL-26
$106,829.00
1
$68,136.00
Overtime
DUI/DL Checkpoints
164AL-26
$15,000.00
3
$45,000.00
DUI Saturation Patrols
164AL-26
$1,800.00
75
$135,000.00
Know Your Limit
164AL-26
$1,500.00
9
$13,500.00
Collaborative DUI Enforcement
164AL-26
$1,800.00
10
$18,000.00
SFST/ARIDE/DRE Instruction
164AL-26
$38,000.00
1
$38,000.00
Benefits for 164AL OT @ 1.45%
164AL-26
$249,500.00
1
$3,618.00
Traffic Enforcement
402PT-26
$2,000.00
8
$16,000.00
Motorcycle Safety Enforcement
402PT-26
$2,000.00
2
$4,000.00
Pedestrian and Bicycle Enforcement
402PT-26
$2,000.00
3
$6,000.00
Street Racing and Sideshow Enforcement
Operations
402PT-26
$2,000.00
2
$4,000.00
Collaborative Traffic Enforcement
402PT-26
$2,200.00
3
$6,600.00
Traffic Safety Educational Presentations
402PT-26
$1,000.00
3
$3,000.00
Benefits for 402PT OT @ 1.45%
402PT-26
$39,600.00
1
$574.00
Distracted Driving Enforcement
405e DDL-
26
$2,688.30
11
$29,571.00
Benefits for 405e DDL OT @ 1.45%
405e DDL-
26
$29,572.00
1
$429.00
Community Collaboration Engagement
1906-26
$1,549.00
7
$10,843.00
Benefits for 1906 OT @ 1.45%
1906-26
$10,843.00
1
$157.00
Category Sub -Total
$509,257.00
B. TRAVEL EXPENSES
In State Travel
402PT-26
$2,497.00
1
$2,497.00
$0.00
Category Sub -Total
$2,497.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub -Total
$0.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
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E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
164AL-26
$917.00
1
$917.00
Lidar Device
402PT-26
$2,329.00
1
$2,329.00
Category Sub -Total
$3,246.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $515,000.00
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT26058
BUDGET NARRATIVE
PERSONNEL COSTS
DUI Officer - Claimed amounts must reflect actual benefit costs for straight time hours charged to the grant.
Total Benefit Rate: 63.78%
5.22% Other benefits
18.24% Health
1.77% Other medical
3.91 % Supplemental Retirement
22.61 % Retirement
12.03% Specialty Pa
Benefits for DUI Officer @ 63.78% - Claimed amounts must reflect actual benefit costs for straight time
hours charged to the grant.
Total Benefit Rate 63.78%
5.22% Other Benefits
5.21 % Health
1.77% Other Medical
3.91 % Supplemental Retirement
22.61 % Retirement
12.03% Specialty Pays
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.
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by
appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate
department personnel.
Benefits for 164AL OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours
charged to the grant.
Medicare - 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Motorcycle Safety Enforcement - 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.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement
operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic 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 @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours
charged to the grant.
Medicare - 1.45%
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
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Benefits for 405e DDL OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours
charged to the grant.
Medicare - 1.45%
Community Collaboration Engagement - Overtime for grant funded community collaborative engagement
conducted by appropriate department personnel.
Benefits for 1906 OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours
charged to the grant.
Medicare - 1.45%
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 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, reflective banners, electronic flares,
PAS Device Supplies, PAS 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 - Light detection and ranging device used to measure the speed of motor vehicles. This device
will be used forspeed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
INDIRECT COSTS
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave
and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and
(b) follows an appointment made in accordance with state or local laws and rules and meets federal
requirements.
Any non -grant funded vacancies created by reassignment to a grant -funded position must be filled at the
expense of the grantee agency.
Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and
objectives here under.
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
PT26058
Appendix A to Part 1300—Certifications and Assurances for 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 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 orwhose 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 W 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 11 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
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The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations,"
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 to
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 Rights 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 § 21.2 3(b) and (c) of
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 to as DOT
order 1050.2A) u 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
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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.
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 investigations
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
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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 subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions;
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -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 local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
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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 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
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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 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
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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 will increase the cost of the overall project contract by more than 25 percent. In order to use
Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an
adequate basis and justification for approval by the Secretary of Transportation.
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 such 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.
DISCLOSURE REQUIREMENTS
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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
interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
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 company -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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