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HomeMy WebLinkAboutContracts & Agreements_211-2016 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT - Page I OTS-38 (Rev.4/16) PT1796 1. GRANTTITLE TRAIa'Flc ENFORCEMENT PROGRAM(STEP) 2. NAA11,'oi;'VaNCY -CITN7 oj�RiDLANRS 4. GRANTPERIOD 3. Aft'N(:YUNI'I''i,t.)Ai)Ni[NIS"riItGltAN'f From: 10/1/16 111�'DLANDS POLTCE' MPARTNIUM To: 9/30/17 5. GRAN'T'DF'SCRIPTION Best,practice strategies will be condtioted to reduce the number Of persons killed and injured in traffic collisions involving impairment and other primary collision factors. The ftinded strategies may include enforcement operations focusing on impaired driving, distracted driving, nigtittinie seat belt use,motorcycle safety, and pedestrian and bicycle safety. Operations are conducted in.areas with disproportionate numbers of traffic collisions,. Otlier funded strategies may include public awareness, educational programs and training for law enforceinellL 6. Firi)CRAL li"t rN DSALLOC'ATED UND PA Tit is AGREEMEAT S1 I ALL Noi,EXCEED: $ 1 15'000mfl 7. TF.,itNIS AND CONDITIONS- The parties agree to comply with the terins and conditions of the following which are by this reference made as hart of the Agrecruent: • Schedulc A(OTS-38b)—11roblein'Sta(enient,Goalsand 9 Exhibit A--Certifications and Assurances ObJectives and Method of Procedure 0 Exhibit 13*-OTS Grant Program Manual • Schedule B (OTS-38d)—Detailed Budget Estimate and Silb-BUdget Estimate(if applicable) • Schedule B-1 (OTS-3 81)--BIridget M"Tilitive and Sub- Budget Narrative(if applicable) "lleins shown Willi an asterisk("), are hereby incorporated by rcferencQand made,ii pnrt of this agreement as if attached heieto. These docunients can be viewed alt the OTS hoarse web page iindor Grants: www,ots,ca.goy. 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 WITNFSSMIJERECSF,this Agreement has been executed by the parties herclo. 8. Apiit()VAL SIGNATURES A, GRANT111114,CTOR R. Au'rilORtZING OFFICIAL(*AGENCY NAME: Ken Wrigint PHONE: 909-557-6305 NAME Mtjl°lj, CarCi;i PHONE: 909-647-7714 -n-m& Sergeant FAX: TITLECilief Of P0liCe (1119-7911-7675(1119-7911-76755 909-798-7675 FAX' Aa imass: PO Box 1025 ADDRESS: PO Rox 1025 Redhinds, CA 92373 Redlands, CA 92373 E-MAIL: If% ight(4)red ands ,olice.org E-MAIL: nigarcia(g—.iredllaijds olice.org 0 . . ..... Draw)' C' 1^ SIAL()st c UNTINGOFFICIAL D. OFFUM Am Jff)H1z4' ,'Td1iECEJVE PAYMENTS NAME: Farrah Jenner PHONE; 909-798-7543 NAME: City Treasurer TITLE: Asst. Financial Director FAX: 9019-335-4735 ADDRESS: PO Rox 3005 ADIMESS: 35 Cajon St. Redlands, CA 92373 Red la n(is,CA 92373 9. DUNS Numui�.tl F.-MAUVN ficnnerii)cityof'rc(ll:tnds.oi-g DuNs 4: 145556747 REwsrF-r(ED 1270WestPark.AveflC ADDKESS& Redlands,CA 92373-8t12 ZIP: L7 Rage 2(Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/112016 GRANTEE CJTY OF REDLANDS GRANT NO. PT1796 ISN, Fiero Action No. 1 Dilate: 918/2016 !T=Fisca,l OFal N�evpslon Cont. ' PROGRAMOME TASK NO. F.F.Y. Revision No. Date. 2 2017 11, Action Taken FUNDING Di PONSITION ST'AT'US al Year Amount Initial approval of 2017 HSP fund's obligated. 20116-17 115,000.00 2015-16 20,14-15 2013-14 Total 115,000.00 Obligated This Action 115,000.00 Previously Obligated 0.00 Total Amount Obligated 115,000.00 TOTAL FUNDS PROGRAMMED 1151000.00 "74,-FUNDING N3E"WAIL , pSCAt,FEAR GRANT PN. RNON1 EN+N01NNOas 913N�1207 �' I°U ND NG,iI°'4"11 B'N N IIPN(1 N l l'111Pp1p1 'N"N °iNwl F<'V ("514APIER 8 I"ATU11' , PROJp ,,Q„N p,,,D N,. t"ENDlT(A "�,; 164AL 20.648 01521-0890-101 (10115) 2015 10115 2015 $ 37,500.00 402PT 20.660 0521-0890-101 (10115) 2015 10115 2015 $ 20,000.00 164AL 20.608 0521.0890-101 (23116) 2016 23116 2016 37,500.00 402PT 20.600 0521-0890-101 (23/16) 2016 23116 2016 $ 20,000.00 $ TOTAL FELDERAL. FONNDS: 115,000,N)ON.. 15. GRANT APPROVAL 84 AUTHONRI2A,TIONV TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT&FUNDING,AUTHORIZED BY NAME: RON MILLER NAME: RHONDA L. CRAFT TITLE: Program Coordinator TITLE; Direaor PHONE: (916) 509-3020 E-MAIL: ron.miNNer@ots.ca.gov Office of Traffic Safety Office of Traffic Safety 2208 NOaus(�Ni Drive, Suite 300 2206 Kausen Drive. Suite 300 Elk Grove, CA 95758 Elk trove, CA 95758 ,Signature Signature OTS-3 (Rev.01/16) w GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1796 PAGE 1 1. PROBLEM STATEMENT In 2015 the Redlands Police Department investigated 490 injury traffic collisions having a slight increase of 1.9%over the year 2014 at 481. Forty three of those injury collisions were alcohol related giving an increase of 34%over the 32 in 2014. We had one fatal motorcycle traffic collision that was alcohol involved charting a 100%increase over 2014 where we had no fatalities. This fatal collision is categorized in our nighttime traffic collision data due to the time of the crash. Data showed a 100%decrease of motorcycle injury victims from 4 in 2014 to 0 in 2015 which we attribute to our continuing traffic safety enforcement_ We did not have any Hit and Run fatalities but data revealed a 66% increase of Hit and Run injury victims at 35 in 2015 over the 21 the previous year. Our nighttime (2100 -0259 hours) injury traffic collisions increased 45%from 59 in 2014 to 86 in 2015. Last year we had one pedestrian killed with no pedestrians killed in 2014.Pedestrian injuries increased from 29 in 2014 to 138 in 2015. Bicyclist injuries slightly increased.from 20 in 2014 to 22 in 2015. The city of Redlands downtown and west end commercial districts are currently expanding with new businesses,restaurants and alcohol serving establishments. The Mountain Grove shopping plaza business district is again expanding this year with new shopping opportunities, a movie theatre and restaurants to include surrounding establishments that serve alcohol. This is increasing pedestrian traffic and roadway users in and out of the city. In addition, interstate highways I-10, I-210 and state highway 38 travel through Redlands providing connectors to a multitude of other cities. The assistance of a STEP grant will allow officers to be deployed for additional traffic safety measures and enforcement. Roadways in these areas are continuing to be improved to relieve congestion and accommodate the increasing volume of travel by roadway users day and night. OTS-38b(Rev.4/16) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1796 PAGE 2' A. Traffic Data Summary: Collision 2013 2.014 2015 Type Collisions Victims Collisions Victims Collisions Victims Fatal 2 4 2 0 4 5 Inj ury 337 451 Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol - 0 24 0 35 1 36 0 32 1 28 i 32 Involved Hit& Run 0 15 0 16 0 29 0 21 0 27 0 33 Nighttime 0 42 0 56 0 59 1 65 1 55 1 71 (2100-0259 hours) To 3 Prima Collision Factors Fatal Injury Killed Injured #1 - Unsafe Speed 0 80 0 117 #2 - Im ro er Turn or U-Turn 0 58 0 75 93 - Failure to Yield Right of Way 2 47 2 83 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 GRANT No. PT1796 PAGE 3 11)Reduce hit&run 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. 16)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-off press releases and media advisories,alerts, and materials must be emailed to the OTS Public Information Officer at pio a,ots.ca..aov, 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 • NHTSA 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 revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4) Send 5 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing(SFST) (minimum 1.6 hour)POST-certified training. OTS-38b(Rev.4/16) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1796 PAGE 4 5) Send S law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement(ARIDE) 16 hour POST-certified training. 6) Conduct 12 DUUDL Checkpoints. Note:A minimum of 1 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 DUUDL checkpoints, departments should issue press releases that mention DL's will be checked at the DUUDL checkpoint. Signs for DUUDL 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. 7) Conduct 38 DUI Saturation Patrol operation(s). 8) Conduct 12 Traffic enforcement operation(s), including but not limited to,primary collision factor violations. 9) Conduct 2 Distracted Driving enforcement operation(s)targeting drivers using hand held cell phones and texting. 10)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 turning, 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. 11)Conduct 1 Night-time(1800 - 0559 hours) Click It or Ticket enforcement operation(s). 1.2)Conduct S highly publicized Pedestrian and Bicycle enforcement operations) 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. 13)Conduct 6 Traffic Safety educational presentations with an effort to reach 600 community members. Note: Presentations pray 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 a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. OTS-38b(Rev.4116) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1796 PAGE 5 3. METHOD OF PROCEDURE A. Phase 1 - 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. Media Requirements • Submit all grant-related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer(PIO) at io cz ots.ca.Qov,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 PTO 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. OTS-38b(Rev.4/16) GRANTS MADE EASY-STEP SCHEDULIA GRANT DL�SCIIII'TION GIZANT No. PT1796 PAGE, 6 c) Activities Such as warrant service operations and court stings that could be com , promised 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 langwage in 911 press, media, and printed materials: Funding for this prograin was provided by a grant foam the California Office of Traffic Safety,through the National Highway Traffic Safety Administration. * Email the OTS PTO at pj.o(d .. III "'.�'�LQ........._­'­ ­­ id copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant-relatedtraffic safety event or program so OTS has sufficielit notice to arrange forattendance and/or participation in the event. * Submit a draft or rough-cut of all printed or recorded materia I (brochures, posters, scripts, artwork, trailer graphics, etc.)to the OTS P10 at lzkjc' 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 specifies. C. Pbase 3—Data C21Mc_Tti0n & j _Re jqrfift (Throughwit Grant Year) 0 Agencies are required to collect and report quarterly, appropriate data that supports the progress of goalsand objectives, 0 Stnfisticad data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the qwirter ending Septeiiiber 30 will include yea r-to-dat e comparisons of goa Is and objectives. If required, a separate quarterly data reporting forma.will be completed each quarter and submitted ais part"of the QPR 0 Reports will compare actual grant accomplishments with the planned accomplishments. They will hicludo information concerning changes made by the Grant Director in planning and guiding the grant efforts. 0 Reports sh.ffl be completed and submitted in accordance with OTS requirements as specified in the Grant Progmiri 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 Evaluition should provide as brief suin mary - of the gnint's accorn pl ish in e tits, 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, OTS-38b(Rev.4/16) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1796 PAGE 7 5. ADMINISTRATIVE SUPPORT This program has full support of the City of Redlands. Every effort will be made to continue the activities after the grant conclusion. QTS-38b(Rev.4116) SCHEDULE DETAILED BUDGET ESTIMATE GRANT NO. PT 1796 FUND NUMBER CATALOG FUND D1 SCRIPTION TOTAL NUMBER(CFDA) AMOUNT 164-AL 20,605 Minimum Penalties for Repeat Offenders For Driving pile Intoxicated $ 75,000.00 402PT 20.600 State and Community Highway Safety =40,000.00 COST'CATEGORY FISCAL YEAR ESTIMATES TOTAL COST 10/1/16 dart 9/30/17 TO GRANT A� 1'1^RSONN EL COSTS CFDA F"Y-I. Positions and Sahiries Ov rtione DUI Checkpoints 20.605 $ 47,472.00 $ 47,472.00 DUI Satunition Patrols 20.608 $ 22,255.00 $ 2.2,255.00 Tnifflc Enforcement 20.600 1.13,450,00 $ 1.5„480.00 Distnwted Driving 20,600 3,696.00 $ 3,696.00 Motorcycle Safety Enforcement 20.600 $ 3,936.00 $ 3,936.00 Night-time Click.It or Ticket 20.600 $ 2,025.00 $ 2,025.00 Pedestrhin atnd Bicycle Enforcement 20.600 $ 1.0,12.5.00 $ 10,125.00 Trailic Sttd"ety Educntiomfl Presenttiti,ons 20.600 1 $ 552.00 $ 582.00 C ilcppry Stip-Toad $ 108,571.00 $ 108,571.00 lI. Tltr"i.V EL In-SWte 20.600 $ 1,156,011 $ 1,156,090 C;l1q.), Suds Tc�Itul $ 1,156.00 $ 1,1.56,00 C. CO !TRAC°�1"COAL SERVICES None, $ $ 4:ttI Qw 1! S_Ub-T��ttrl $ - w _ w 1°l. 1+",QC1I1'"5"IFNT Now $ F. O 11IV R 1)1k ECT COSTS DUI Choc1point Supplies 20,6Os7 $ 4,273.00 $ 4,273.00 PAS Device/Calibration Supplies 20.608 $ 1,()()0.00 $ 1,000.00 Cs�1ep �.�w r Sub-Twat S 5,273.00 $ 5,273.1911 _..w .. I''. Id�d11N13,1��C'I'C6:l; TS $ - C�itcg,(:)ry Such-Towl CR AN'F TTA[_ $ 115,C1t1tl. o $ 11.5,0t9tb.tw OTS-38d(Rev,4/16) Page 1 of 1. SCHEDULE B-1 GRANT No.PT1796 BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, 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$34.11/hour to $97.53/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 by 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. 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 funds. CONTRACTUAL SERVICES None EQUIPMENT None. OTHER DIRECT COSTS 1 PAS Device/Calibration Supplies -preliminary alcohol screening devices to detect the presence of alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and accessories. INDIRECT COSTS None. PROGRAM INCOME There will be no program income generated from this grant. OTS-38f(Rev.4116) EXHIBIT A CERTIFICATIONS AND ASSURANCES ��age 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, regulations, and directives and State rules, guidelines,policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to,the following: • 23 U.S.C. Chapter 4-Highway Safety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 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 1X 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) 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; 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 Page 2 BUY AMERICA 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: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, 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. Certifications and Assurances(Rev. 5116) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 3 RESTRICTION ON STATE LOBBYING 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 any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. S. 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 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. 5116) EXHIBIT 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) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower. tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4,debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant 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. 5116) ExIIIBIT A CERTIFICATIONS AND ASSURANCES Page 6 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies, including suspension 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. 5116)