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Home My WebLink About20C - AA - STEPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2014 TITLE: APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY, STEP PROGRAM GRANT FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute a one -year agreement with the State Office of Traffic Safety for Selective Traffic Enforcement Program (STEP) Grant funds, in an amount not to exceed $363,410 for one year, October 1, 2014 through September 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $363,410 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. DISCUSSION The Santa Ana Police Department has been awarded a $363,410 grant from the State of California, Office of Traffic Safety under the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol, speed, red light running, and other primary collision factors. To accomplish this goal, the program will fund education and enforcement activities. The enforcement activities will follow proven, "best practice" strategies and will be conducted on an overtime basis. The funded strategies will include DUI checkpoints and DUI saturation patrols to apprehend drunk drivers. The program will also concentrate on bicycle /pedestrian safety, speed violations, aggressive driving, and seat belt enforcement. The educational portion of the grant will include funding to facilitate multi -media presentations at local high schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support our ongoing outreach programs already in place. In addition, $50,000 in grant funds will be used to complete a DUI/Traffic Safety multi -media educational vehicle for the use of traffic safety training and presentations. This one -year agreement will cover the program period from October 1, 2014 through September 30, 2015. 20C -1 Agreement with OTS for STEP Program September 2, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 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). FISCAL IMPACT The appropriation adjustment will enhance the Office of Traffic Safety revenue account (no. 16514002 52001) by $363,410 and appropriate same to expenditure account (no. 16514414 - various). a4L?5 Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Ann Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 20Ci -2 State of California — Office of Traffic Safety GRANT AGREEMENT - Page I OTS -38 (Rev. 4/14) GRANT NUMBER PT1568 1. GRANT TITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) 2. NAME OF APPLICAN'r AGENCY 4, GRANT PERIOD CITY OF SANTA ANA Prole: 10/1/14 3. AGENCY UNITTOHANOLE GRANT SANTA ANA POLICE DEPARTMENT - To: 9/30/15 5. GRANTDESCRIPrION To reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors, "best practice" strategies will be conducted. The funded strategies may include: DUI checkpoints, DUI saturation patrols, warrant service operations, stakeouts operations, a "HOT Sheet" program, educational presentations, and court stings. The program may also concentrate on speed, distracted driving, seat belt enforcement, operations at intersections with disproportionate numbers of traffic crashes, and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect, 6. FEDERAL FUNDS ALLOCATED UNDER TIHs AGREEMENT SHALL NOT EXCEED: $ 363,410.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A (OTS -38b) — Problem Statement, Goals and • Schedule C (OTS -38g) — Quarterly Evaluation Data Form Objectives and Method of Procedure (if applicable) • Schedule B (OTS -38d) — Detailed Budget Estimate and • Exhibit A— Certifications and Assurances Sub - Budget Estimate (if applicable) • Exhibit B* - OTS Grant Program Manual • Schedule B -1 (OTS -380 — Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk ( *), arc 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. eov. 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 A reement has been executed by the parties hereto. 8. _ APPROVAL_ SIGNATURES A. GRANT DIRECTOR R. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Ruben Ibarra PHONE: 714- 245 -8210 NAME: David Cavazos PRONE: 714- 647 -5200 TITLE; Commander TIME' City Manager PAx: 714 -245 -8190 PAx: 714 - 647.6956 ADDREss: 60 Civic Center Plaza ADDRESS: 20 Civic Center Plaza, 8 "' Floor P.O. Box 1981 RO. Box 1988 Santa Ana, Ca 92702 Santa Ana, Ca 92702 E-MAIL: Rlbatra @Santa - ana.org E- Iv1AR: dcavazos @santa- ana.or (Signature) (Date) (Signature) (Date) C. FISCALORACCOUNTINGOFFICIAL D. OFFICE AUTHORIZEDTo RECEIVE PAYMENTS NAME: Bich Duong To PHONE: 714 -647 -5434 NAIVE: Finance Department Tn'I,E; Accounting Manager FAX: ADDREss: 20 Civic Center Plaza, 3 "d Floor Aoomss: 20 Civic Center Plaza, 3 d Floor P.O. Box 1988 P.O. Box 1988 Santa Ana Ca 92702 Santa Ana, Ca 92702 9. DUNS NuMRER E -MAIL: bta @santa- ana.org DUNS #: 083153247 REOISTEREO 20 Civic Center Plaza 8R' Floor ADDREss & (Signature) (Date) ztr: Santa Ana, Ca 92701.4058 20C -3 r t..t Dv GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1568 1. PROBLEM STATEMENT PACE 1 The city of Santa Ana is a dynamic and diverse city. It is a hub of employment within the county drawing hundreds of thousands of persons to the city on a daily basis. With features like the Bowers Museum, Orange County High School for the Arts, Cal State University Fullerton Center for the Arts it is a popular destination of arts aficionados and students. The downtown area has become a popular destination on weekend nights. Over the last few years numerous chic restaurants and bars have opened their doors to welcome patrons. This influx of patrons has greatly increased the number of drivers on the road in the evenings. Many of whom have been drinking. The city of Santa Ana is the home of approximately 330,000 residents. It has approximately 477 miles of local, arterial, and collector roads. They are patrolled by approximately 150 sworn police officers that are fielded either in a patrol assignment or traffic enforcement. The Traffic Division has 19 sworn officers. This includes two Sergeants, two Corporals and nineteen officers. Two sworn officers are assigned as collision investigators and are not fielded daily for the purpose of traffic enforcement, There are 15 motor officers who are tasked with traffic enforcement, and collision investigation. Since 2011 there has been a dramatic increase if fatality traffic collisions. Many of these fatalities have been the result of alcohol related collisions and pedestrian collisions. Injury traffic collisions have also increased although not as dramatic as fatalities. Nearly one half of all injury traffic collisions have been caused by three PCF's, Right of Way, Unsafe Speed, and Signs & Signals. Our City has committed itself to Traffic Safety, In a recently published five year strategic plan, traffic safety was outlined to be a top priority, specifically pedestrian safety. In response, the Traffic Division has already began education programs targeting all children and adults alike. We have published printed material and recorded a public safety program. Through our efforts in education, both grant funded and internally funded measures, we hope to prevent the tragic consequences of unsafe drivers, pedestrians and impaired drivers, The educational efforts, in conjunction with vigorous enforcement activities will have a positive effect on the community and make our streets safer. We are looking forward to a successful partnership with the California Office of Traffic Safety as we make our streets safer. OTS -38b (Rev. 5/14) 20C -4 GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1568 PACE 2 A. Traffic Data Summary: Collision 2011 2012 2013 Type Collisions Victims Collisions Victims Collisions Victims Fatal 8 8 16 16 19 21 Injury 1210 1661 1413 1970 1324 1916 Fatal injury Killed Injured Fatal Injury Killed Injured Fatal I Injury Killed Injured Alcohol- 3 80 3 97 8 105 8 161 3 78 3 126 Involved Hit & Run 1 133 1 156 4 197 4 251 5 165 6 212 Nighttime 3 98 3 1S0 5 151 5 214 5 130 5 185 (2100.0259 hours) Top 3 Primary Factors Fatal Injury Killed Cnjured #1 - Right of Wa Violation 6 353 7 506 #2 - Unsafe Speed 1 293 1 460 #3 - Signals & Signs 14 1 274 5 298 2. PERFORMANCE MEASURES A. Goals: 1) To reduce the number of persons killed in traffic collisions. 2) To reduce the number of persons injured in traffic collisions. 3) To reduce the number of persons killed in alcohol - involved collisions, 4) To reduce the number of persons injured in alcohol - involved collisions. 5) To reduce the number of persons killed in drug - involved collisions, 6) To reduce the number of persons injured in drug - involved collisions. 7) To reduce the number of motorcyclists killed in traffic collisions, 8) To reduce the number of motorcyclists injured in traffic collisions, OTS -38b (Rev. 5/14) 20C -5 GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1568 PAGE 3 9) To reduce the number of motorcyclists killed in alcohol - involved collisions. 10) To reduce the number of motorcyclists injured in alcohol - involved collisions. 11) To reduce hit & run fatal collisions. 12) To reduce hit & run injury collisions. 13) To reduce nighttime (2100 - 0259 hours) fatal collisions. 14) To reduce nighttime (2100 - 0259 hours) injury collisions. 15) To reduce the number of bicyclists killed in traffic collisions. 16) To reduce the number of bicyclists injured in traffic collisions. 17) To reduce the number of pedestrians killed in traffic collisions. 18) To reduce the number of pedestrians injured in traffic collisions. B. Objectives: 1) To develop (by December 31) and /or maintain a "HOT Sheet' program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 2) To send 2 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST - certified training. 3) To send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ABIDE) 16 -hour POST - certified training. 4) To send 1 law enforcement personnel to the IACP Drug Recognition Expert (DRE) training. 5) To conduct 16 DUI /DL Checkpoints. Note: A minimum of I checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the NHTSA Summer Mobilization. 6) To conduct 50 DUI Saturation Patrol operations. 7) To conduct 10 Traffic Enforcement operations, including but not limited to, primary collision factor violations. OTS -38b (Rev. 5/14) 20C -6 GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1568 PAGE 4 8) To conduct 2 Distracted Driving enforcement operations targeting drivers using hand held cell phones and texting. 9) To conduct 2 highly publicized Motorcycle Safety enforcement operations in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers. 10) To conduct 2 night -time (2 100 - 0259 hours) Click It or Ticket enforcement operations. 11) To conduct 2 Traffic Safety educational presentations impacting 100 community members. Note: Presentations may include topics such as distracted driving, DUI, speed, bicycle & pedestrian safety, seatbelts and child passenger safety. 12) To conduct 14 bicycle and pedestrian enforcement operations in identified areas of high bicycle and pedestrian traffic. 13) To participate in the National Distracted Driving Awareness Month in April. 14) To participate in the NHTSA Click It or Ticket mobilization period in May. 15) To collaborate with the county's Avoid Lead Agency by: participating in planning /scheduling meetings and MADD /Avoid DUI Seminars, providing your agency's schedule of operations that occur during any Avoid campaign; and reporting your agency's DUI arrests & DUI fatality information during any Avoid campaign. 16) To collect and report DUI enforcement data for the NHTSA Winter and Summer Mobilizations. NOTE: Nothing in this "agreement " shall be interpreted as a requirement, formal or informal, that a particularpolice officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. NOTE: To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release,for each checkpoint operation, For combination DUI /DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI /DL checkpoint. Signs for DU1 1DL checkpoint operations 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 checkpoint operations that begin prior to 1800 hours. OTS -38b (Rev. 5/14) 20C -7 GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1568 PACE 5 3. METHOD Or PROCEDURE A. Phase I - Program Preparation, Training and Implementation (Vt Quarter of Grant Year) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant - related purchases needed to implement the program should be made this quarter. • In order to develop /maintain the "Hot Sheets," research will be conducted to identify the "worst -of- the- worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. Media Requirements • Issue a press release announcing the kick -off of the grant by November 15. The kick -off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio(ii?ots.ca.Qov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. B. Phase 2 - Program Operations (Throughout Grant Year) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Send all grant - related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at gjq �;ots.cg.g2v, with a copy to your OTS Coordinator. OTS -38b (Rev. 5/14) 20C -8 GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT 1568 PAGE 6 a) If an OTS template -based press release is used, the OTS PTO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release should first be sent to the OTS PIO for approval. Optimum lead time would be 10 -20 days prior to the release date to ensure adequate turn- around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant 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 pio y ots.ca.Qov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant- related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio(�UOts.ca. and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant - funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 — Data Collection & ReoortinQ (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year -to -date comparisons of goals and objectives. If required, a separate quarterly data reporting forth will be completed each quarter and submitted as part of the QPR, • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. OTS -38b (Rev. 5114) 20C -9 GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1568 PAGE: 7 • Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full support of the City of Santa Ana. Every effort will be made to continue the activities after the grant conclusion. OTS -38b (Rev, 5/14) 20C -10 SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT1568 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 4054 AL 20.616 National Priority Safety Programs $ 321,040.00 402PT 20.600 State and Community Highway Safety $ 40,370.00 COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY -1 10 /1114 thru 9/30/15 Positions and Salaries Overtime DUI / Driver's License Checkpoints DUI Saturation Patrols Traffic Enforcement Operations Distracted Driving Operations Motorcycle Safety Operations CIOT Nighttime Enforcement Operations Bike/Ped Safety Enforcement Operations 20.616 20.616 20.600 20.600 20.600 20.600 20.600 $ 139,790.00 $ 131,250.00 $ 11,790.00 $ 2,358.00 $ 2,358.00 $ 2,358.00 $ 16,506.00 $ 139,790.00 $ 131,2%00 $ 11,790.00 $ 2,358.00 $ 2,358.00 $ 2,358.00 $ 16,506.00 Category Sub -Total $ 306,410.00 $ 306,410.00 B. TRAVEL EXPENSE In -State Out -of -State 20.600 $ 3,000.00 $ - $ 3,000.00 $ - Category Sub -Total $ 3,000.00 $ 3,000.00 C. CONTRACTUAL SERVICES None $ - $ Category Sub -Total $ - $ - D. EQUIPMENT Traffic Safety Education Vehicle 20,616 $ 50,000.00 $ 50,000.00 Category Sub -Total $ 50,000.00 $ 50,000.00 E. OTHER DIRECT COSTS Multi -Media Presentations Educational Materials 20.600 20.600 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 Cate o Sub -Total $ 4,000.00 $ 4,000.00 F. INDIRECT COSTS None $ $ - Cate ory Sub -Total $ $ GRANT TOTALI $ 363 410.00 $ 363 410,00 OTS -38d (Rev. 6/14) Page I of 1 20C -11 SCHEDULE B -1 GRANT No. PT1568 BUDGET NARRATIVE Page l PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Casts are estimated based on an overtime hourly rate range of $50.00 /hour to $95.00 /hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. No benefits will be paid in this grant. TRAVEL EXPENSE In State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the Drug Impaired Driving Seminar for Law Enforcement & Prosecution Professionals. All conferences, seminars or training not specifically identified in the Schedule B -1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant f ends. CONTRACTUAL SERVICES None EQUIPMENT Traffic Safety Education Vehicle — funds will be utilized towards the purchase of a vehicle to be equipped for use as a multimedia vehicle to educate the public on the dangers of DUI and DUID. Costs may include a vehicle, exterior graphics, electronic displays, televisions, driver simulator, and accessories. Additional items may be purchased if approved by OTS. OTS -38f (Rev. 6/14) 20C -12 SCHEDULE B -1 GRAN'rNo. PT1568 BUDGET NARRATIVE Page 2 OTHER DIRECT COSTS 2 Multimedia Presentations: To provide high impact traffic safety presentations to convey the message about the consequences of drinking and driving, distracted driving, and making the right choices when behind the wheel. Educational Materials — used to purchase, develop or print brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 6/14) 20C -13 EXHIBIT A CERTIFICATIONS AND ASSURANCES 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 Chapter II - (§ §1200, 1205, 1206, 1250, 1251, & 1252) Regulations governing highway safety programs • NHTSA Order 462 -6C - Matching Rates for State and Community Highway Safety Programs • Highway Safety Grant Funding Policy for Field - Administered Grants NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (88), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C, 794), and the Americans with Disabilities Act of 1990 (101), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (100), which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (92), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (91), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended 42 U.S.C. 3, 601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. Certifications and Assurances (Rev. 2014) 20C -14 EXHIBIT A CERTIFICATIONS AND ASSURANCES BUY ANIERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (=49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non- domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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. Certifications and Assurances (Rev. 2014) 20C -15 Exn1Brr A CERTIFICA'rIONS AND ASSURANCES RESTRICTION ON STATE LOBBYING Page 3 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 Instructions for Primary Certification 1. By signing and submitting this Grant Agreement, the Grantee Agency official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency official to famish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this Grant Agreement is submitted if at any time the Grantee Agency official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, Grant Agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this Grant Agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency official agrees by submitting this Grant Agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Certifications and Assurances (Rev. 2014) 20C -16 EXHIBIT A CERTIFICATIONS AND ASSURANCES Ell 7. The Grantee Agency official further agrees by submitting this Grant Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The Grantee Agency official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three -year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application/Grant Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this Grant Agreement. Certifications and Assurances (Rev. 2014) 20C -17 EXHIBIT A CERTIFICATIONS AND ASSURANCES Instructions for Lower Tier Certification 1. By signing and submitting this Grant Agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this Grant Agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, Grant Agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this Grant Agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this Grant Agreement that, should the proposed covered transaction be entered into, it shalt 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 Grant Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Pant 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from Certifications and Assurances (Rev. 2014) 20C -18 EXHIBIT A CERTIFICATIONS AND ASSURANCES participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2, Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 2014) 20C -19 20C -20