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HomeMy WebLinkAboutCALIFORNIA, STATE OFFICE OF TRAFFIC SAFETYState of California — Office of Traffic Safety GRANT AGREEMENT - Page I OTS -38 (Rev. 4116) A- 2016 -194 GRANT NuNU3Ea PT17117 1. GRANTTITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) 2. NAME OF AGENCY 4. GRANT PERIOD CITY OF SANTA ANA From: 1011116 3. AGENCY UNIT TOADMINISTER GRANT SANTA ANA POLICE DEPARTMENT, TRAFFtc DIVISION To: 9130117 5. GRANTDESCRH`T1ON Best practice strategies will be conducted to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. The funded strategies may include enforcement operations focusing on impaired driving, distracted driving, nighttime seat belt use, motorcycle safety, and pedestrian and bicycle safety. Operations are conducted in areas with disproportionate numbers of traffic collisions. Other funded strategies may include public awareness, educational programs and training for law enforcement. 6. FEDERAL FUNDsALLOCACEDUNDERTntsAGREEMENT SHALL Nor EXCEEDS $ 400,000.00 7. TERNIS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A (OTS -38b) — problem Statement, Goals and • Exhibit A— Certifications and Assurances Objectives and Method of Procedure • Exhibit B* - OTS Grant Program Manual t^1 • Schedule B (OTS -38d) — Detailed Budget Estimate and Sub - Budget Estimate (if applicable) • Schedule B -1 (OTS 38f) — Budget Narrative and Sub - Budget Narrative (if applicable) N *Items shown with an asterisk(*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. gI1 These documents can be viewed at the OTS home web page under Grants: www.ots.ca.nov. f~.. Q . 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 WBEREOF, this Agreement has been executed by the parties hereto. A. GRANT DIRECTOR D. AUTHORIZING OFFICIAL OF AGENCY NAME: Enrique Esparza PHONE: 714 -245 -8210 NAme: David Cavazos PHoN& 714- 647 -5200 Trr,.E: Commander FAx: 714 - 245 -8140 ! THLE: City Manager FAR: 714- 647 -6956 ADDRESS: 60 Civic Center Plaza ADDRESS: 20 Civic Center Plaza, 8d' Floor P.O. Box 1981 P.O. Box 1988 Santa Ana, Ca 92702 Santa Ana, Ca 92702 E -MA Es arza rsanta- ana.org E- a nta -a . org �,O. I b Signature) _,. (Dare) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL 714_647 -5295 D. OrF10EAU7'IIORIAEDTo RECFIVEPAVMENTS NAME: Biiehoweyng T_a PRONE; - A4-64$ -5+34 NAmm r' lnanee Department T,TLE, AACOutida9t tlduuger- FAx: ADDRESS: 20 Civic Center Plaza, 3`4 Floor AouREss: 20 Civic Center Plaza, 3rd Floor P.O. Box 1988 P.O. Box 1988 Santa Ana, Ca 92702 San Ana, Ca 92702 9. DUNSNuNIBER EAIAM : b a attaorg SVidal @santa— ana.org DuNS#: 83.153 -3247 pj ifi REGISTEErD 20 Civic Center Plaza, nd Floor, PO BOX ADDRESS& 1988 Santa Ana, CA 92702 Z!P; � ( t natttt'2) (Date) Sergio Vidal I a Assistant Director 1 y� I � ,,e A �s 4-v g 3 " t t_ a . m) CC 0 W 5. T� �f Y d�a • �U Page 2 (Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/11/201 GRANTEE CITY OF SANTA ANA GRANT NO. PT17117 10. Fin Action No. Revision No. Date: 6/28/2016 Date: 12. TYPE OF AGREEMENT Initial X Revision Cont. PAID MEDIA PROGRAM INCOME TASK 1 2 2017 11. Action Taken Initial approval of 2017 HSP funds obligated. 13. FUNDING DISPOSITION & STATUS Fiscal Year Amount 2016 -17 400,000.00 2015 -16 2014 -15 2013 -14 Total 400,000.00 Obligated This Action 400,000.00 Previously Obligated 0100 Total Amount Obligated 400,000.00 TOTAL FUNDS PROGRAMMED 400,000.00 14. FUNDING DETAIL • FISCAL YEAR GRANT. PERIOD ENDING: >:.91302017 FUND CFDA ITEM /APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL 20.608 0521 -0890 -101 (10/15) 2015 10115 2015 $ 164,700.00 402PT 20.600 0521 -0890 -101 10/15 2015 10115 2015 $ 75,300.00 164AL 20.608 0521 - 0890.101 BA/16) 2016 DAM 2016 $ 109,800.00 402PT 20.600 0521.0890 -101 BA/16 2016 BA116 2016 $ 50,200.00 $ TOTAL FEDERAL FUNDS: $ 400,000.00 1 S. GRANT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS NAME: JULIE SCHILLING TITLE: Program Coordinator PHONE: (916) 509 -3018 E -MAIL: julie.schilling @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 Office of Traffic Safety 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 GRANTS MADE EASY- STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17117 1. PROBLEM STATEMENT PAGE l 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 17 sworn officers. This includes two Sergeants, three Corporals and twelve officers. Two sworn officers and a corporal are assigned as collision investigators and are not fielded daily for the purpose of traffic enforcement. There are 12 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 & bicycle 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 and bicycle safety. In response, the Traffic Division has already begun 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 reduced impaired driving and make the roadway safe for all users. The educational efforts, in conjunction with 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. 4116) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17117 PAGE 2 A. Traffic Data Summary- Collision 2013 2014 2015 Type Collisions Victims Collisions Victims Collisions Victims Fatal 19 21 18 20 22 23 Injury 1324 1916 1343 1993 1405 2038 Fatal I Injury Kilted Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol- 3 78 3 126 8 139 8 222 6 128 7 187 Involved Hit & Run 5 165 6 212 2 194 5 259 4 175 4 221 Nighttime 5 130 5 185 5 139 5 214 7 160 7 217 (2100 -0259 hours) Top 3 Primary Collision Factors Fatal Injury Killed Injured #1- Right o' Way 1 316 1 316 #2 - Unsafe Speed 2 310 2 310 #3 - Signals & Signs 1 170 1 170 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 persons killed in alcohol - involved collisions. 4) Reduce the number of persons injured in alcohol - involved collisions. 5) Reduce the number of persons killed in drug - involved collisions. 6) Reduce the number of persons injured in drug - involved collisions. 7) Reduce the number of persons killed in alcohol /drug combo - involved collisions. 8) Reduce the number of persons injured in alcohol /drug combo - involved collisions. 9) Reduce the number of motorcyclists killed in traffic collisions. 10) Reduce the number of motorcyclists injured in traffic collisions. OTS -38b (Rev. 4116) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANTNO. PT17117 PAGE 3 11) Reduce hit & tun fatal collisions. 12) Reduce hit & run injury collisions. 13) Reduce nighttime (2100 - 0259 hours) fatal collisions. 14) Reduce nighttime (2100 - 0259 hours) injury collisions. 15) Reduce the number of bicyclists killed in traffic collisions. l6) Reduce the number of bicyclists injured in traffic collisions. 17) Reduce the number of pedestrians killed in traffic collisions. 18) Reduce the number of pedestrians injured in traffic collisions. B. Objectives: 1) Issue a press release announcing the kick -off of the grant by November 15. The kick- offpress releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pioCa�ots.ca.gov, 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 Teen Driver Safety Week — October 16 -22, 2016 • NFITSA Winter Mobilization — December 16, 2016 to January 1, 2017 • National Distracted Driving Awareness Month —April 2017 • National Bicycle Safety Month — May 2017 • National Motorcycle Safety Month — May 2017 • National Click It or Ticket Mobilization — May 17 -20, 2017 • NHTSA Summer Mobilization — August 19, 2017 to September 6, 2017 • National Child Passenger Safety Week -- September 17 -23, 2017 • California's Pedestrian Safety Month -- September 2017 3) 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 revolted license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4) Send 4 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hour) POST- certified training. OTS -381b (Rev. 4/16) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17117 PACE 4 5) Send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST - certified training. 6) Send 1 law enforcement personnel to the Drug Recognition Expert (DRE) training. 7) Send 1 law enforcement personnel to the DRE Recertification training. 8) Send I law enforcement personnel to SFST Instructor training. 9) Send I law enforcement personnel to DRE Instructor training. 10) Conduct 15 DUI/DL Checkpoints. Note: A minimum of I checkpoint should be conducted during the NHTSA Winter Mobilization and I during the NHTSA Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity,for each checkpoint operation. For combination DUJIDL checkpoints, departments should issuepress releases that mention DL's will be checked at the DUUDL checkpoint. Signs forDUL /DL checkpoint operations should read "DUUDriver's License Checkpoint Ahead. " OTS floes not fiord or support independent DL checkpoints. Only on all exception basis and with OTS pre - approval will OTSfrmd checkpoint operations that begin prior to 1800 hours. 11) Conduct 50 DUI Saturation Patrol operation(s). 12) Conduct 35 Traffic enforcement operation(s), including but not limited to, primary collision factor violations. 13) Conduct 12 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 14) Conduct 2 highly publicized Motorcycle Safety enforcement operation(s) 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 taming, and other primary collision factor violations by motorcyclists and other drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about motorcycle safety issues. 15) Conduct 2 Night -time (1800 - 0559 hours) Click It or Ticket enforcement operation(s). OTS -38b (Rev. 4/16) GRANTS MADE EASY- STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17117 PAGE 16) Conduct 14 highly publicized Pedestrian and Bicycle enforcement operation(s) in areas of or during events with a high number of pedestrian and /or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about pedestrian and bicycle safety issues. 17) Conduct 5 Traffic Safety educational presentations with an effort to reach 1,000 community members, Note: Presentations may include topics such as distracted driving, DUI, speed, pedestrian and bicycle safety, seatbelts and child passenger safety. NOTE: Nothing in this "agreement "shall be interpreted as a requirement, formal or informal, that particular lavv enforcement officer issue a specified or predetermined number of citations in. pursuance of the goals and objectives hereunder, 3. METHOD OF PROCEDURE A. Phase I - Program Preparation, Training and Implementation (1" Quarter of Grant Year) • The department should develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training should be conducted this quarter. • All grant- related purchases 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. B. Phase 2 - Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. OTS -38b (Rev. 4/16) GRANTS MADE EASY- STEP SCHEDULE A GRANT DESCRIPTION GRANTNo. PT17117 Media Requirements PAGE 6 • Submit all grant - related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio oots.ca.gov, with a copy to your OTS Coordinator. a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10 -20 days prior to the release date to ensure adequate turn- around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre - publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at lQilots.ca.eov 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 piola),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 & Reuortine (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. OTS -38b (Rev. 4/16) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17117 PAGE 7 • 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 yeah -to -date comparisons of goals and objectives. if required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourtlilfinal Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full support of the City of Santa Ana. Every effort will be made to continue the activities after the grant conclusion, OTS -38b (Rev. 4/16) SCHEDULE DETAILED BUDGET ESTIMATE GRANT NO. PT17117 FUND NUMBER CATALOG NUMBER(CFDA) FUND DESCRIPTION TOTAL AMOUNT A. PERSONNEL COSTS CFDA Minimum Penalties for Repeat Offenders for 164AL 20.608 Driving While Intoxicated $ 274,500.00 402PT 20.600 State and Community Highway Safety $ 125,500.00 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 Overtime DUI / Driver's License Checkpoints DUI Saturation Patrols Traffic Enforcement Operations Distracted Driving Operations Motorcycle Safety Operations Nighttime CLOT Operations Traffic Safety Education Presentations Bike / Pedestrian Safety Operations SFST /ARIDE/DRE Instruction &Certificatio 20.608 20.608 20.600 20.600 20.600 20.600 20.600 20.600 20.600 $ 132,000.00 $ 142,500.00 $ 69,850.00 $ 15,600.00 $ 2,600.00 $ 2,600.00 $ 3,500.00 $ 18,200.00 $ 3,650.00 $ 132,000.00 $ 142,500.00 $ 69,850.00 $ 15,600.00 $ 2,600,00 $ 2,600.00 $ 3,500.00 $ 18,200.00 $ 3,650.00 Category Sub -Total $ 390,500.00 $ 390,500.00 B. TRAVEL EXPENSE In -State Out -of -State 20.600 20.600 $ 2,500.00 $ 3,000.00 $ 2,500.00 $ 3,000.00 Cate ory Sub -Total $ 5,500.00 $ 5,500.00 C. CONTRACTUAL SERVICES None $ $ Category Sub -Total $ $ D. EQUIPMENT None $ _ $ Category Sub - Total $ $ E. OTHER DIRECT COSTS Multi -Media Presentations 20.600 $ 4,000.00 $ 4,000.00 Category Sub - Total $ 4,000.00 $ 4,000.00 F. INDIRECT COSTS None $ - $ Category Sub -Total $ $ GRANT TOTAL $ 400,000.00 $ 400,000.00 OTS -38d (Rev. 4/15) Page I of l SCHEDULE B -1 GRANT No. PT17117 BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Caporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $50.00 hour to $99.00 /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 California Narcotics Officers Association annual conference. All conferences, seminars or training not specifically identifed in the Schedule B -1 (Budget, Narrative) must be approved by OTS. All travel claimed must heat the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration, fees are paid with OTS grant f ands. Out -Of -State Appropriate staff may attend the International Association of Chiefs of Police Annual DRE Conference in support of the grant goals and objectives. All out -of -state travel not specifically identified in the Schedule B -1 (Budget Narrative) must receive written approval frond 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 aids. CONTRACTUAL SERVICES None EQULPMSNT None OTS -38f (Rev. 4/16) SCHEDULE I1 -1 GRANT No. PT 171.17 BUDGET NARRATIVE Page 2 OTHER DIRECT COSTS 4 Multi -Media 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. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 4/16) ExilIUIT A CERTIFICATIONS AND ASSURANCES Page I Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and /or place the State in a high risk grantee status in accordance with 49 CFR § 18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but Eire 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 IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100 -259), which requires Federal -aid recipients and all sub - recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91.616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i)'ritle VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, etseq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. Certifications and Assurances (Rev. 5116) EXHIBIT A CERTIFICATIONS AND ASSURANCES BUYAMERICAACT 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 finds 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 snaking 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, sub - grants, and contracts tinder 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. Corte. 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, 5116) EXHIBIT A CERTIFICATIONS AND ASSURANCES Glkl 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 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 Government, 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 anytime 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. 5116) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 4 I lie tirantee Agency vttwial 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 tinder 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. 5116) EXH BIT A CERTIFICATIONS AND ASSURANCES Page 5 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 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 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 Pail 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) EXHIBrr A CERTIFICATIONS AND ASSURANCES Page 6 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 shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 5/16)