HomeMy WebLinkAbout20E - AA - BICYCLE SAFETY PROGCITY COUNCIL MEETING DATE:
DECEMBER 4, 2018
TITLE:
APPROVE APPROPRIATION
ADJUSTMENT AND AGREEMENT WITH
OFFICE OF TRAFFIC SAFETY FOR
PEDESTRIAN AND BICYCLE SAFETY
PROGRAM
(STRATEGIC PLAN NO. 1, 3B)
CITV MANAGER
Approve an appropriation adjustment to
Pedestrian and Bicycle Safety grant funds
Traffic Safety Grants revenue account and
Safety PWA expenditure accounts.
❑
As Recommended
❑
As Amended
❑
Ordinance on 1s' Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
recognize Office of Traffic Safety (OTS)
in the amount of $50,000 in the OTS -PWA
appropriate the same to the OTS -Bicycle
2. Authorize the City Manager and Clerk of the Council to execute a one-year agreement
with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety
Program funds, in an amount not to exceed $50,000 for a one-year period from October 1,
2018 through September 30, 2019, subject to nonsubstantive changes approved by the
City Manager and City Attorney.
DISCUSSION
The Santa Ana Public Works Agency has been awarded a $50,000 Pedestrian and Bicycle
Safety Program grant from the State of California Office of Traffic Safety (OTS). These funds will
be used to address pedestrian and bicycle safety through a series of bicycle safety education
workshops and events. The goal of the program is to reduce the number of deaths and injuries in
traffic collisions involving bicycles and pedestrians.
The bilingual education program is intended to reach all members of the community. The
program will include family friendly bicycle safety skills classes taught by League of American
Bicyclists Certified Instructors; night time light, helmet, and safety equipment distribution events
aimed at pedestrians and bicyclists; and youth pedestrian and bicycle traffic safety fairs at
community events.
20E-1
Office of Traffic Safety Grant Application
December 4, 2018
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item allows supports the City's effort to meet Goal #1 for Community Safety;
Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the
organization); Strategy B (promote ongoing efforts to obtain grant funding for activities that will
assist in preventing and reducing criminal activity and traffic collisions).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Grant funds will be accepted into OTS -PWA Traffic Safety Grants revenue fund (Account No.
16517002-52001) and appropriated into the OTS -Bicycle Safety PWA expenditure fund (Account
No. 16517611-66220, Project No. 19-6952) for expenditure as follows:
FISCAL YEAR ESTIMATED EXPENDITURE
1 • �,�/ 111
1 • 1 ', 1 111
APPROVED AS TO FUNDS AND ACCOUNTS:
Fuad S. SJ
PE, PLS Kathryn Do ns, CPA
Executive irector Executive Director %- cGvs7
Public Wo s Agency Finance and Management Services Agency
CW
Exhibit: 1. Agreement with the State of California Office of Traffic Safety
20E-2
State of California — Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PS19031
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY
3. Grant Period
Santa Ana
From: 10/01/2018
4. AGENCY UNIT TO ADMINISTER GRANT
Santa Ana Public Works Agency
To: 09/30/2019
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving
pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events,
presentations, and workshops. These countermeasures should be conducted in communities with high numbers of
pedestrian and/or bicycle related collisions including underserved communities, older adults, and school -aged children.
Coordinated efforts such as Safe Routes to School' initiatives, Vision Zero campaigns, and working with community
based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non -motorized road users.
6. Federal Funds Allocated Under This Agreement Sball Not Exceed: $50,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this
reference made a part of the Agreement:
• Schedule A— Problem Statement, Goals and Objectives and Method of Procedure
• Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable)
• Schedule B -I — Budget Narrative and Sub -Budget Narrative (if applicable)
• Exhibit A — Certifications and Assurances
• Exhibit B* — OTS Grant Program Manual
*Items shown with an asterisk (*), are hereby incorporated by reference and made a par of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.sov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly
authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR
B. AUTHORIZING OFFICIAL OF AGENCY
NAME: Zdenek Kekula PHONE: (714) 647-5606
- NAME: Raul Godinez II PHONE: (714) 647-5200
TITLE: Senior Civil Engineer FAX: (7l4) 647-5616
TITLE: City Manager FAX;
ADDRESS: 20 Civic Center Plaza
ADDRESS: 20 Civic Center Plaza
Santa Ana, CA 92702
Santa Ana, CA 92702
EMAIL: zkekula@santa-ana.org
EMAIL: rgodinez@smta-ma.org
(Signature) (Date)
(Signature) (Date)
C. FISCAL OR ACCOUNTING OFFICAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Kathryn Downs PHONE: (714) 647-5420
NAME: Rhonda L. Craft PHONE: (916) 509-3030
TITLE: Executive Director of FAX: (714) 647-6956
Finance & Management
TITLE: Director FAX: (916) 509-3055
Services
ADDRESS: 20 Civic Center Plaza M-17
ADDRESS: 2208 Kausen Drive, Suite 300
Santa Ana, CA 92702
Elk Grove, CA 95758
EMAIL: kdowns@santa-ana.org
EMAIL: dionda.craft@ots.ca.gov
Si nature (Date)
(Si nature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY
9, DUNS INFORMATION
NAME: Carolyn Vu
DUNS #: 083153247
ADDRESS: 2208 Kausen Drive, Suite 300
REGISTERED ADDRESS: 20 Civic Center Plaza
Elk Grove, CA 95758
CITY:Santa Ana
ZIP+4:92702-4058
Exhibit 1
11/13/2018 7:45:45 AM 20E-3 Page 1 of 13
10. PROJECTED EXPENDITURES
FUND
CFDA
ITEM/APPROPRIATION
F,Y.
CRAFTER
STATUTE
PROJECTED
EXPENDITURES
402PS-19
20.600
0521.0890-101
2018
2018
29/18
$50,000.00
AGREEMENT
TOTAL
$50,000.00
AMOUNT ENCUMBERED BY TATS DOCUMENT
$50,000.00
I CERTIFY uporr that the budgeted fiords for
own personal knowleblefor
the
the cttrrentbtrdgetyearare availalilefa'theperiodandprnporeofthe
et
PRIOR AMOUNT ENCUMBERED FOR THIS
expenditure stated above.
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE
DATE
TOTAL AMOUNT ENCUMBERED TO DATE
SIGNED
es
$50,000.00
Approved as to form
Sonia R. Carvalho, City Attorney
vomv IV
L
M. •un
A istant City Attorney
10/30/2018 3:45:02 PM
Attest
Marla D. Huizar
Clerk of the Council
20E-4 ,
Recommended for approval
Fua Weiss, E,
Executive Director
Public Works Agency
Page 2 of 13
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PS19031
1. PROBLEM STATEMENT
With a population of just under 330,000; the City of Santa Ana is one of the fourteen highest population cities in the
State (Group A). The City is approximately 27.1 square miles. Santa Ana has a large volume of motor vehicle traffic,
with the arterials carrying 30,000 to 40,000 vehicles per day. There are also four freeways that converge within the city
and a total of 450 miles of streets.
Relative income and vehicle ownership levels within the City are significantly lower than statewide averages. The City
population's median age is the youngest of the seven largest cities in Orange County and the residential density is one
of the highest in the State. Transit ridership in Santa Ana is the highest in the County with several of the busiest OCTA
bus lines serving the City. As a result of climate and demographics, bicycle dependent population is relatively high
when compared to other communities in the County or the State. Also, a significant portion of the adult bicyclists may
not speak English or understand the rules of the road.
In 2015 the City of Santa Ana ranked 2/15 for bicycle involved collisions and 8/15 in bicycle collisions (under 15). In
addition, collisions involving bicyclist riding at night increased from 35 in 2015 to 43 in 2016. Finally, bicycle
involved collisions remained steady with 172 in 2015 and 176 in 2016.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic collisions.
2. Reduce the number of persons injured in traffic collisions.
3. Reduce the number of pedestrians killed in traffic collisions.
4. Reduce the number of pedestrians injured in traffic collisions.
5. Reduce the number of pedestrians killed under age 18 in traffic collisions.
6. Reduce the number of pedestrians injured under age 18 in traffic collisions.
7. Reduce the number of pedestrians killed over age 65 in traffic collisions.
8. Reduce the number of pedestrians injured over age 65 in traffic collisions.
9. Reduce the number of bicyclists killed in traffic collisions.
10. Reduce the number of bicyclists injured in traffic collisions.
11. Reduce the number of bicyclists under age 18 killed in traffic collisions.
12. Reduce the number of bicyclists under age 18 injured in traffic collisions.
13. Increase bicycle helmet usage.
14. Reduce the number of night-time pedestrian collisions
15. Reduce the number of night-time bicycle collisions
B. Objectives:
Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off
1
press releases and media advisories, alerts, and materials must be emailed to the OTS
Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for
approval 14 days prior to the issuance date of the release.
2. Participate in traffic safety fairs and/or community events with an effort to reach
4
individuals.
3. Work closely with community-based organizations at both the neighborhood and
1
community level with an effort to reach individuals.
4. Participate in the following campaigns, National Walk to School Day, National Bicycle
3
Safety Month and California's Pedestrian Safety Month.
5. Conduct pedestrian and/or bicycle safety presentations at community groups with an effort
4
to reach individuals.
6. Conduct pedestrian and/or bicycle safety courses with an effort to reach community
4
members.
7. Distribute pedestrian safety equipment to children that may include reflective armbands
1
and/or zipper pulls.
8. Distribute bicycle headlights and tail lights during bicycle safety community events or
1
bicycle safety courses.
11/13/2018 7:45:45 AM 20E-5 Page 3 of 13
9. Participate in Safe Routes to School coalition meetings.
4
10. Conduct pre and post -grant bicycle helmet usage surveys during the months of October
2
(start of the grant) and September (end of the grant). A pre -survey will be required to
determine the base year helmet use rate and a post -survey will be required to determine the
operational rate.
11. Conduct bicycle rodeos with an effort to reach individuals.
4
12. Distribute and properly fit bicycle helmets at bicycle rodeos, workshops, and community
400
events.
13. Conduct bicycle helmet inspections and make necessary adjustments at schools and
1
community events.
14. Conduct community bicycle rides promoting safe bicycling in the community with an
4
effort to reach bicyclists.
15. Hold quarterly meetings with countywide pedestrian and/or bicycle safety stakeholders to
4
collaborate on events, share best practices, and leverage resources.
16. Collaborate with law enforcement agencies to increase knowledge and awareness of
1
pedestrian and bicycle safety.
3. METHOD OF PROCEDURE
A. Phase 1— Program Preparation (I" Quarter of Grant Year)
• Develop operational plans to implement the "best practice" strategies outlined in the objectives section.
• All training needed to implement the program should be conducted this quarter.
• All grant related purchases needed to implement the program should be made this quarter.
Media Requirements
• Issue a press release announcing the kick-off of the grant by November 15, but no earlier than October
1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off
press releases and any related media advisories, alerts, and materials must be emailed for approval to the
OTS Public Information Officer at piokots.ca.gov, and copied to your OTS Coordinator, 14 days prior to
the issuance date of the release.
B. Phase 2 —Program Operations (Throughout Grant Year)
• Conduct 4 Family Cycling 101 Courses
• Conduct 7 Operation Lights Alive Events
• Conduct 4 Traffic Safety Fairs/Bike Rodeos
Media Requirements
• Send all grant -related activity press releases, media advisories, alerts and general public materials to the
OTS Public Information Officer (PIO) at piona ots.ca.eov, with a copy to your OTS Coordinator. The
following requirements are for grant -related activities and are different from those regarding any grant
kick-off release or announcement.
• If an OTS -supplied, template -based press release is used, there is no need for pre -approval, however, the OTS PIO
and Coordinator should be copied when at the same time as the release is distributed to the press.
• If an OTS -supplied template is not used, or is substantially changed, a draft press release shall be sent to the OTS
PID for approval. Optimum lead-time would be 10 days prior to the release distribution date, but should be no less
than 5 working days prior to the release distribution date.
• Press releases reporting the immediate and time -valued results of grant activities such as enforcement operations
are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and
Coordinator when the release is distributed to the press.
• Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity
are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results.
• Use the following standard language in all press, media, and printed materials: Funding for this program was
provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety
Administration.
• Email the OTS PIO at piona ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short
description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange
for attendance and/or participation in the event.
• Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics,
11/13/2018 7:45:45 AM 20E-6 Page 4 of 13
etc.) to the OTS PIG at pio@ots.ca.aov and copy your OTS Coordinator for approval 14 days prior to the
production or duplication.
• Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS Coordinator for
specifics and format -appropriate logos.
• Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when
deviation from any of the above requirements might be contemplated.
C. Phase 3 — Data Collection & Reaortin¢ (Throughout Grant Year)
• Invoice Claims (due January 30, April 30, July 30, and October 30)
• Quarterly Performance Reports (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
• Provide 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 ex lanation of why objectives were not com leted.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant
conclusion.
11/13/2018 7:45:45 AM 20E-7 Page 5 of 13
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PS19031
FUND NUMBER
CATALOG NUMBER
FUND DESCRIPTION
TOTAL AMOUNT
Positions and Salaries
Full -Time
(CFDA)
$0.00
Overtime
402PS-19
20.600
State and Community Highway
$50,000.00
$0.00
Category Sub -Total
Safety
$0.00
COST. CATEGORY
CFDA
TOTAL COST
TO GRANT
A. PERSONNEL COSTS
Positions and Salaries
Full -Time
$0.00
Overtime
$0.00
Part -Time
$0.00
Category Sub -Total
$0.00
B. TRAVELEXPENSES
$0.00
$0.00
Category Sub -Total
$0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Consultant- $50,000 20.600 $0.00
Family Cycling Skills 101 20.600 $12,000.00
Pedestrian/Bicycle Rodeos 20.600 $16,000.00
Operation Lights Alive 20.600 $14,000.00
Bicycle Helmets 20.600 $4,000.00
Bicycle Safety Equipment 20.600 $2,400.00
Pedestrian Safety Equipment 20.600 $800.00
Educational Materials 20.600 $800.00
Category Sub -Total $50,000.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub -Total
$0.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $50,000.00
11/13/2018 7:45:45 AM 20E-8 Page 6 of 13
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PS19031
BUDGET NARRATIVE
PERSONNEL COSTS
QUANTITY
TRAVEL EXPENSES
CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Consultant- $50,000 - Work rendered by consultant needed to
1
accomplish the grant goals and objectives to include bicycle and pedestrian safety outreach,
presentations, and bicycle rodeos.
Family Cycling Skills 101 - Costs include all instructors and materials for 4 classes. Costs will be
4
invoiced at $4,000 per class.
Pedestrian/Bicycle Rodeos - Cost to include outreach, organization, and instruction of 4
4
pedestrian/bicycle rodeos in partnership with Santa Ana Police Department. Each event includes all
instructors and materials. Costs will be invoiced at $3,000 per event.
Operation Lights Alive - Costs include outreach, recruitment, organization, and coordination of teams
7
to conduct 7 Operation Lights Alive events. Costs will be invoiced at $2,000 per event.
Bicycle Helmets - Helmets to be distributed during bicycle rodeos and other bicycle safety related
400
events.
400 Helmets x $10 per = $4,000
Bicycle Safety Equipment - Safety equipment such as bicycle headlights/taillights, reflectors, and
1
reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related
events.
Pedestrian Safety Equipment - Costs to include reflective arm bands and reflective zipper pulls.
1
Additional items may be purchased with OTS approval.
Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers,
1
coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference
and training materials. Items shall include a traffic safety message and if space is available the OTS
logo. Additional items may be purchased if ap2roved bX OTS.
EQUIPMENT
OTHER DIRECT COSTS
INDIRECT COSTS
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
11/13/2018 7:45:45 AM 20E-9 Page 7 of 13
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PS19031
CERTIFICATIONS AND ASSURANCES
HIGHWAY SAFETY GRANTS
(23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59, A5 AMENDED)
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to
civil or criminal penalties and/or place the State in a high-risk grantee status in accordance with 49
CFR § 18.12.
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the
Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines,
policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include,
but are not limited to, the following:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended
• 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR Part 1300—Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency 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) and 49 CFR part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX 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 terns "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 It and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing) and 49 CFR parts
37 and 38;
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OC_1O Page 8 of 13
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -
Income Populations (prevents discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or environmental effects on minority and
low-income populations); and
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards
against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by
ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to
programs (70 FR 74087-74100).
The State highway safety agency—
Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color,
national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by
Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the
program is Federally -assisted;
• Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors,
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non -Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all
applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts,
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
under these Non -Discrimination Authorities and this Assurance;
• Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
"During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to
time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in
this contract/funding agreement, the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the contractor/funding
recipient under the contract/agreement until the contractor/funding recipient complies; and/or
cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and sub agreement and
in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this
program.
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POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will eomplywith provisions of the HatchAct (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 fiends.
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 -award 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)
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.
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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.
S. 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 (mss://www.sam.¢ov/).
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 CPR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal government, the department or
agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier
Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
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(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, malting 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
ManagementExclusionswebsite(hlWs://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
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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 ACT
(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.
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.
LAW ENFORCEMENT AGENCIES
All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section
13519.4, subdivision (e), defines "racial profiling" as the "practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any individualized suspicion of the particular person being
stopped." Then, subdivision (f) of that section goes on to provide, "A law enforcement officer shall not engage in racial
profiling."
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