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HomeMy WebLinkAbout20A - AA - BICYCLE SAFETY GRANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2016 TITLE: APPROPRIATION ADJUSTMENT AND AGREEMENT TO RECEIVE STATE OFFICE OF TRAFFIC SAFETY GRANT FUNDS FOR BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM (PROJECT NO. 17 -6884) (STRATEGIC PLAN NO. 1, 3B} CITY MANAGgff RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0:1 :20004�, © As Recommended El As Amended [ ] Ordinance on tat Reading [] Ordinance on 2M Reading ❑ Implementing Resolution CI Set Public Wearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment to recognize State of California Office of Traffic Safety Public Education on Bicycle Safety grant funds in the amount of $158,000 in the OTS -PWA Traffic Safety Grants revenue account and appropriate the same to the OTS- Bicycle Safety PWA expenditure accounts. 2. Authorize the City Manager or his designee and the Clerk of the Council to execute an agreement with the State of California Office of Traffic Safety, for a one -year term beginning October 4, 2016 through October 3, 2017, for Bicycle and Pedestrian Safety Education Program grant funds, in an amount not to exceed $158,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Public Works Agency has been awarded a Bicycle and Pedestrian Safety Education Program grant from the State of California Office of Traffic Safety (OTS) in the amount of $158,000 (Exhibit 1). These funds will be used to address bicycle and pedestrian safety through a series of bilingual (English and Spanish) educational workshops and events. The goal the program is to reduce the number of deaths and injuries in traffic collisions involving bicycles and pedestrians. The education and outreach campaign is intended to reach community members of all ages and it will include classes on bicycle safety skills taught by the League of American Bicyclists Certified Instructors. There will also be nighttime bicycle light and helmet distribution events, classroom 20A -1 Office of Traffic Safety Grant for Bicycle & Pedestrian Safety Education Program October 4, 2016 Page 2 pedestrian safety assemblies, a train - the - trainer seminar to certify new cycling instructors, and bicvcle /pedestrian safetv information disDlaved at bus stoas and on street banners. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts 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). 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. 17- 6884), for expenditure in Fiscal Year 2016/17. a� Frep Mousavipour Executive Director Public Works Agency FM /EWG /CW APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Uvt- Executive Director Finance & Management Services Agency EXHIBIT 1: Agreement with State Office of Traffic Safety 20A -2 State of California — Office of Traffic Safety GRANT AGREEMENT - Page t OTS -38 atz�. 4/16) GRAiNT NumnER PS1716 1. GRANTTITLE BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM 2. NAME OF AGENCY CITY OF SANTA ANA 4. GRANT PERIOD From: 10/1/16 3. AGENCY UNIT To ADMINISTER GRANT PUBLIC WORKS AGENCY To: 9/30/17 5. GRANT DESCRIPTION The Bicycle and Pedestrian Safety Education Program will use a multi- faceted approach to address bicycle and pedestrian safety city -wide. Strategies will include educational workshops for adults and youth, conununity events, and school assemblies. 6. FEDERAL FUNDS ALLOCATED UNDER Tins AGREEMENT SHALL NOT EXCEED: $ 158,000.00 7. TERYIS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement • Schedule A (OTS -38b) — Problem Statement, Goals and • Exhibit A — Certifications and Assurances Objectives and Method of Procedure • E, diibit B* - OTS Grant Program Manual • Schedule B (OTS -38d) — Detailed Budget Estimate and Sub - Budget Estimate (if applicable) • Schedule B -1 (OTS -38t) — Budget Narrative and Sub - Budget Narrative (if upplicable) '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 CTS 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 Agreement has been executed by the parties hereto. 8. APPROVAL SIGNATURES _ A. GRANT DIRECTOR D.. An ruoruzLNG OFriciAL OF AGENCY N,"m Cory Wilkerson PHONE: 714 -647 -5643 j MUIE: Fred MOUSRViponr PHONE: 714 - 647 -5654 TITLE: Active Transportation TUL, Executive Director Of pA,�; 714 - 647 -5616 Coordinator Public Works Agency FAx: 714 - 647 -5616 Amxrss: 20 Civic Center Plaza (M -43) ADDREss: 20 Civic Center Plaza Santa Ana, CA 92702 Santa Ana, CA 92702 i E- M.au.: cwilkcrson(q,santa- ana.org c -M:v: fmousavipow(n)santR- Rna.org (Sigualurc) (Dcr1e) (SSguanue) Dale C. FISCAL ORAccouiSTINGOFFICLAL D. OrrirEAUTetolcrzF,n To RECEn'6PAYNIEN'fS NAnrE: Francisco Gutierrez PHONE: 714- 647 -5420 ! NAME: Finance & Management TR E; Executive Director of ADDREss: 20 Civic Center Plaza (M -87) Finance & Management FAx:714- 647 -5414 f Services Santa Ana, CA 92702 ADDREss: 20 Civic Center Plaza (M -17) Santa Anil, CA 92702 9. DUNS NUMBER E -MAIL: fgutierrezCo,)santa- ana.org Dcros#: 083153247 REorsl'ERED 20 Civic Center Plaza M -43 ADDRESS lS(nature) (Dale) zm: Santa Ana, CA 92702 -4058 20A -3 APPROVED AS TO FORM Sonia R. Catvalho, City Attorney N JOi i FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: Additional Page for City Signatures State of California Office of Traffic Safety Grant Agreement Grant No. PS1716 CITY OF SANTA ANA DAVID CAVAZOS City Manager ATTEST FRED MOUSAVIPOUR MARIA D. HUIZAR Executive Director, Public Works Agency Clerk of the Council 20A -4 Page 2 (Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/1/2016 JIM OWENS GRANTEE CITY of SANTA ANA GRANT NO, PS1716 10, Fin Action No. 1 Date: $130/2016 Revision No. Date: PHONE: 72. TYPE OF AGREEMENT Initial X Revision jim.owens @ots.ca.gov Cont. Office of Traffic Safety PAID MEDIA PROGRAM INCOME TASK NO. Elk Grove, CA 95758 F.F.Y. 1 2 1 2017 11. Action Taken Initial approval of 2017 HSP funds obligated. 11 FUNDING DISPOSITION & STATUS Fiscal Year Amount 2016 -17 158,000.00 2015 -16 2014 -15 2013 -14 Total 158,000.00 Obligated This Action 158,000.00 Previously Obligated 0.00 Total Amount Obligated _____158.001 OD TOTAL FUNDS PROGRAMMED 158,000.00 14.:. FUNDING ' DETAIL .: - FISCAL YEAR GRANT PERIOD ENDING: .::91012017 = FUND CFDA ITEWAPPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 402P5 20.600 0521- 0890 -101 (10/15) 2015 10/15 2015 1 $ 79,000.00 402PS 20.600 0521 - 0890 -101 (23/16) 2016 23/16 2016 $ 79,000,00 $ $ TOTAL FEDERAL FUNDS: $ 158,000.00 15. GRANT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS NAME: JIM OWENS TITLE: Program Coordinator PHONE: (916) 509 -3014 E -MAIL: jim.owens @ots.ca.gov Office of Traffic Safety 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 Signature OTS -38a* (Rev. 01116) NAME: RHONDA L. CRAFT TITLE: Director Signature 20A -5 Office of Traffic Safety 2208 Kausen Drive, Suite 300 Elk Grove. CA 95758 SCHEDULE A GRANT DESCRIPTION GRANT No. PS1716 1. PROBLEM STATEMENT PAGE -I 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, pedestrian and bicycle dependent population is relatively high when compared to other communities in the Comity or the State. Also, a significant portion of the adult bicyclists may not speak English or understand the rules of the road, as well as a homeless population that use bicycles as their main form of transportation In 2011 and 2012, the City of Santa Ana ranked 3/13 for bicycle involved collisions. In 2013 the City of Santa Ana ranked 1/14 for bicycle involved collisions. In addition, collisions involving bicyclists and pedestrians at night remained relatively similar from 2012 to 2014, with a slight increase in fatalities and small decline in injuries. A. Traffic Data Summary: Total Fatal and Injury Collisions and Victims, City of Santa Ana 2012 -2014 Collision Type 2012 2013 2014 Collisions Victims Collisions Victims Collisions Victims Fatal 1 22 23 24 2b 17 19 Injury 1 1657 1 2343 1 32 2391 1662 2375 Pedestrian and Bicycle Injury and Fatality Data, City of Santa Ana 2012 -2014 Collision Type 2012 201.3 2014 Pedestrian Bicycle Pedestrian Bicycle Pedestrian Bicycle Fatal 7 2 12 0 7 2 Iuury 168 216 ]40 209 153 161 OTS -38b (Rev. 4/16) 20A -6 SCEEIDULE A GRANT DESCRIPTION GRANT No. PS1716 PAGE, 2 Total Nighttime Pedestrian and Bicycle Injury and Fatality Data, City of Santa Ana 2012 -2014 Collision Type 2012 2013 2014 Pedestrian Bicycle Pedestrian Bicycle Pedestrian Bicycle Fatal 5 1 4 0 6 2 Injury 5I 37 43 1 35 44 27 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 total number of bicyclists killed in traffic collisions. 4) Reduce the total number of bicyclists injured in traffic collisions. 5) Reduce the number of bicyclists ]tilled under the age of 15 in traffic collisions. 6) Reduce the number of bicyclists injured under: the age of 15 in traffic collisions. 7) Increase bicycle helmet compliance for children aged 5 to 18. 8) Reduce the total number of pedestrians killed in traffic collisions. 9) Reduce the total number of pedestrians injured in traffic collisions. 10) Reduce the number of bicyclist injured in night -time collisions. 11) Reduce the number of bicycle killed in night -time collisions. 12) Reduce the number of pedestrians under the age of 15 killed in traffic collisions. 13) Reduce the number of pedestrians under the age of 15 injured in traffic collisions. 14) Reduce the number of pedestrians over the age of 65 killed in traffic collisions. 15) Reduce the number of pedestrians over the age of 65 injured in traffic collisions. OTS -38b (Rev. 4/16) 20A -7 SCHEDULE A GRANT DESCRIPTION GRANT No. PS1716 PAGE 3 B. Objectives: 1) 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 c .ots.ca.eov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2) Participate in the following campaigns: • National Walk to School Day— October 5, 2016 + National Bicycle Safety Month — May 2017 • California's Pedestrian Safety Month — September 2017 3) Conduct 5 bike classroom workshops /skill training impacting approximately 75 people. 4) Conduct I train the trainer workshop /LCI seminar in an effort to reach 12 people. 5) Conduct 10 helmet and light distribution events in an effort to reach 1,000 people. 6) Conduct 4 pedestrian and bicycle traffic safety fairs in an effort to reach 500 people. 7) Conduct 6 school assemblies addressing pedestrian and bicycle safety in an effort to reach 120 people. 8) Procure 72 street light banners and 24 transit stop advertisements impacting as many as 40,000 people at each location daily. 9) Describe and assess separately the effectiveness of "paid and donated" street banner messages by providing: a. Number of street banners produced. b. Subject of each street banner. c. Total size of audience reached. d. Total cost or donated value. e. Conduce evaluation surveys as appropriate. 10) Describe and assess separately the effectiveness of "paid and donated" transit stop ad messages by providing: a. Number of transit stop ads produced. b. Subject of each transit stop ad. c. Total size of audience reached. d. Total cost or donated value. OTS -38b (Rev. 4/16) 20A -8 SCHEDULE A GRANT DESCRIPTION GRANTNO. PS1716 PAGE 4 e. Couduce evaluation surveys as appropriate. 11) Conduct pre and post helmet usage surveys during the months of October 2016 and September 2017 of each grant year (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). 3. METHOD OF PROCEDURE A. Phase 1 - Program Preparation, Training and Implementation (1" Quarter of Grant Year) • Develop operational plans to implement "best practice" strategies outlined in the objectives section. • Hire and /or train necessary staff needed for the grant program, if applicable. • Develop and execute contracts with vendors or consultants, if applicable. • Purchase grant funded items needed to implement the program, if applicable. B. Phase 2 - Program Operations (Throughout Grant Year) • Conduct 5 bi- lingual Traffic Skills 101 classes • Organize a League Cycling Instructor Certification Seminar for 12 to 15 participants • Distribute hehuets and lights (head - lights /tail - lights) at 10 Operation Lights Alive events • Conduct four traffic safety fairs and distribute 500 helmets and lights • Conduct 6 Safe Crossers Santa Ana troupe style presentations to Santa Ana students. • Procure seventy -two street light banners and twenty -four transit stop advertisements targeting bicycle and pedestrian safety. Media Requirements • Submit all grant - related activity press releases, media advisories, and general public materials to the OTS Public Information Officer (PTO) at pioti70ts.ca Gov, with a copy to your OTS Coordinator. ✓ Tf 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 OTS -351) (Rev. 4/t6) 20A -9 SCHEDULE A GRANT DESCRIPTION GRANT No. PSI 716 PAGE 5 changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10 -20 days prior to the release date to ensure adequate turn- around time. • Use the following standard language in all press, media, and printed materials: Founding for this program was provided by a grant from the California Office of Traffic Safety, through tine National Highway Traffic Safety Administration. • Email the OTS PIO at piol<dots.ca &ov 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, etc.) to the OTS PIO at pio a.ots.ca.gov 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 & Reporting (Throughout Grant Year) • Invoice Claims (due January 30, April 30, July 30, and November 30) • Quarterly Performance Reports (clue January 30, April 30, July 30, and November 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 - handed 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. • Schedule C — Data Collection Form, if applicable. ✓ 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 OTS -38b (Rev. 4/16) 20A -10 SCHEDULE A GRANT DESCRIPTION GRANT No. PS1716 PAGE 6 of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full support of the City of Santa Ana. Every effort will be made to continue the activities after the grant conclusion. OTS -38b (Rev. 4/16) 20A -11 SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PS 1716 FUND NUMBER CATALOG NUMBER (C DA) FUND DESCRIPTION AMOUNT 402PS 20.600 STATE AND COMMUNITY HIGHWAY SAFETY $92,480.00 402PM 20.600 STATE AND COMMUNITY IIIGHWAY SAFETY $65,520.00 COST CATEGORY FISCAL YEAR ESTIMATES 1011116 thru 9/30/17 TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY -1 Positions and Salaries Full -Time Senior Engineer 1 x $111.90 x 80 Hours Engineer Intern 1 x $22.80 x 160 Hours 20.600 20.600 $ 8,952.00 $ 3,648.00 $ 8,952.00 $ 3,648.00 Category Sub -Total $ 12,600.00 $ 12,600.00 . TRAVEL EXPENSE None Category Sub - Total C. CONTRACTUAL SERVICES Pedestrian and Bicycle Safety Education 20 .600 $ 79,880.00 $ 79,880.00 $ Category Sub -Total $ 79,880.00 $ 79,880,00 D. EQUIPMENT Noue Category Sub -Total E. OTHER DIRECT COSTS Paid Media 2Q600 $ 65,52Q U0 $ 65,520.00 Category Sub -Total IS 65,520,00 1 $ 65,520.00 E. fNDIRECT COSTS None Category Sub -Total GRANT TOTAL $ 158,000.110 $ '158,000.00 OTS -38d (Rev. 4/16) Page I of 1 20A -12 SCHEDULE B -1 GRANT No. PS1714 BUDGET NARRATIVE Page I PERSONNEL COSTS 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. Senior Engineer- Serves as a liaison between the school district and the City. • Coordinates and schedules Safe Crosser events. + Partners with Police Department for event support. • Participates and presents in events. Engineer Intern- Participates and presents in Safe Crossers events. • Assists Senior Engineer in scheduling events. No benefits will be paid in this grant. Supplanting Statement Any non -grant fiuided vacancies created by reassignment to a grant - funded position must be filled at the expense of the grantee agency. TRAVEL EXPENSE None CONTRACTUAL SERVICES Pedestrian and Bicycle Safety Education- The City of Santa Ana will contract with a local community organization to provide the following: • Instructional services to teach Traffic Skills 101 courses and coach a seminar • Develop and produce all marketing/outreach materials • Procure all equipment including helmets and lights • Organize team volunteers for Operation Lights Alive events EQUIPMENT None OTHER DIRECT COSTS Paid Media- cost to purchase street light banners @ $435 x 72 and transit stop ads @ $1425 x 24 containing OTS approved bicycle and pedestrian safety messages. OTS -38f (Rev. 4/16) 20A -13 SCHEDULE B -1 GRANT No. PS1716 BUDGET NARRATIVE Page 2 INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OT9- 38P(Rcv. 4/16) 20A -14 SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PSI 716 SUB BUDGET; Pedestrian and Bicycle Surety Education FUND NUMBER CATALOG FUND DESCRIPTION TOTAL A. PERSONNEL COSTS NUMBER (CFDA) FY -I AMOUNT Positions and Salaries Full-Time Pedestrian and Bicycle Education 20.600 STATE AND COMMUNLPY HIGHWAY 402PS 20.600 SAFETY $ 79,888.00 COST CATEGORY FISCAL YEAR ESTIMATES 10/1/16 thru 9 /30/17 TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY -I Positions and Salaries Full-Time Pedestrian and Bicycle Education 20.600 $ 60,000.00 $ 60,000.00 Category Sub -Total $ 60,000,00 $ 60,000.00 B. TRAVEL EXPENSE None Category Sub -Total C. CONTRACTUAL SERVICES None Category Sub -Total D. EQUIPMENT None Category Sub -Total E. OTHER DIRECT COSTS Bicycle Helmets Bicycle Safety Equipment Priming/Duplication 20.600 20,600 20.600 $ 10,500.00 $ 7,500,00 $ 1,880.00 $ 10,500.00 $ 7,500.00 $ 1,880.00 Category Sub -Total $ 19,880.00 $ 19,880.00 F. INDIRECT COSTS None Catego Sub -Total GRANT TOTALI 1 $ 79,880.00 $ 79,8811.(10 OTS -38d (Rev. 4/16) Page I of 1 20A -15 SCHEDULE B -1 GRANT No. PS171.6 SUB BUDGET: PEDESTRIAN AND BICYCLE SAFETY EDUCATION BUDGET NARRATIVE Page l PERSONNEL COSTS Pedestrian and Bicycle Safety Education- The City of Santa Ana will contract with a local community organization to provide the following: + Instructional services to teach Traffic Skills 101 courses and coach a serninar • Develop and produce all marketing /outreach materials • Procure all equipment including lrehmets and lights • Organize team volunteers for Operation Lights Alive events TRAVEL EXPENSE NONE CONTRACTUAL SERVICES None EQUIPMENT None OTHER DIRECT COSTS 1.000 Bicycle Helmet(s) - helmets to be distributed during bicycle rodeos and other bicycle safety related events. Bicycle Safety Equipment — safety equipment such as bicycle headlights /taillights, reflectors, and reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related events. Printing/Duplication - costs include the purchase of paper, production, printing and /or duplication of materials associated with daily grant operations. INDIRECT COSTS None PROGRAMINCOME There will be no program income generated from this grant. OTS -331' (Rev. 4116) 20A -16 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 1 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, regwlations, 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 1200 — Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title DC of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100 -259), which requires Federal -aid recipients and all sub - recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91 -616), as amended, relating to nondiscrinnation on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) 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. 5/16) 20A -17 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), 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 fiords. 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 fiords 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 malting 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 fiords have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub- grants, and contracts under grant, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C`ertiticationsard Assurances (Rev. 5/16) 20A -18 EXRIBIT A CERTIFICATIONS AND ASSURANCES ON STATE Page 3 None of the finds wider 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 finds 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. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govermnent, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terns covered transaction, deba°recl suspended, Ineligible, lower tier covered transaMonn, pcnrticipant, person, primaty covered transaction, principal, grant agreement, and volrntarily 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 Assrlrances (Rev. 5/16) 20A -19 E VUBIT A CERTIFICATIONS AND ASSURANCES Page 4 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 establislunent 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 Govermnent, 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 in explanation to this grant agreement. Certifications and Assurances (Rev. 5/16) 20A -20 EXMIT A CERTIFICATIONS AND ASSURANCES Page 5 L 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 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 fiuther 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. Certifications and Assurances (Rev. 5/16) 20A -21 EXRIBIT A CERTIFICATIONS AND Assu%kNCEs Page 6 llAGCpt LUI UdUndGLIULS MLLIIU114CU U1lUC1 paldrldpll J Ul WCSe InSjj uL:uOIIS, It a parlclpain In a covered transaction knowingly enters Into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 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 sball attach an explanation to this grant agreement. Certifications and Assurances (Rev. 5/16) 20A -22