HomeMy WebLinkAboutState of California - 2014 Agreement for Pedestrian/Bicycle Safety ProgramState of California — Office of Traffic Safety
GRANT AGREEMENT - Page 1 GRANT NUMBER
OTS -38 (Rev. 5/14) PS1502
I. GRANT TITLE
PEDESTRIANBICYCLE SAFETY PROGRAM AND SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
2. NAME OF APPLICANT AGENCY
CITY OF GILROY
3. AGENCY UNIT TO HANDLE GRANT
POLICE DEPARTMENT
5. GRANT DESCRIPTION
4. GRANT PERIOD
From: 10/1/14
To: 9/30/15
To reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. Developed "best
practice" strategies will be conducted. The funded strategies may include: Intersection enforcement operations,
Pedestrian violation enforcement operations, Bicyclist violation enforcement operations, educational presentations and the
disbursement of educational materials. The program may also concentrate on intersections with disproportionate numbers
enhancing the overall deterrent effect.
6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT StIALL NOT EXCEED: S 107,423.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this
reference made a part of the Agreement:
• Schedule A (OTS -38b) — Problem Statement, Goals and • Exhibit A — Certifications and Assurances
Objectives and Method of Procedure • Exhibit B* - OTS Grant Program Manual
• Schedule B (OTS -38d) — Detailed Budget Estimate and
Sub - Budget Estimate (if applicable)
• Schedule B -I (OTS -38f) — Budget Narrative and Sub -
Budget Narrative (if applicable)
*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 OTS home web page under Grants: www.ots.ca.¢ov-
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.
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY
NAmE: Kurt Ashley PHONE: 408- 846 -0521 i NAME: Denise Turner PHONE: 408 - 846 -0315
Tom: Sergeant TITLE: Chief of Police
FAx: 408 -852 -2659 FAx: 408 - 846 -0387
ADDRESS: 7301 Hanna Street ADDRESS: 7301 Hanna Street
Gilroy, CA 95020 Gilroy, CA 95020
E -MAIL: kurt.ashley(acitvofeilrov.ore
E -MAIL: denise.turner(a.cityofailrov.org
a7 4 o y
- (ignature
(Date
) Stanatzcre
---- -_____ (Date
C. FISCAL OR ACCOUNTING OFFICIAL
- -- - --
D. OFFICE AUTHORZZEG) TO RECEIVE PAYMENTS
N&ME: Christina Turner
PHONE: 408 -846 -0250
NAME: Finance Department
TrrLE: Finance Director
FAx: 408- 846 -0421
ADDRESS: 7351 Rosanna Street
ADDRESS: 7351 Rosanna Street
I Gilroy, CA 95020
Gilroy, CA 95020
9. DUNS NUMBER
E- NI.uI.: chr' a.turner a,.ci of ilro .or
DuNs #: 613666148
REGISTERED 7370 Rosanna Street
(Signakere)
V c�
(Date)
ADDRESS &
zip: Gilroy, CA 95020
'GRANTS'MA.DE EASY - .:STEP
SCHEDULE -A
GRANT DESCRIPTION
GRANT No. PS1502
PAGE I
1. PROBLEM STATEMENT
In 2013 the Gilroy Police Department experienced a rise in traffic related injuries and fatalities When
compared to previous years, going from 1 fatalit y in 20.1 1, 0 fatalities in.2012, to 4 fatalities -iri 2013. These.
fatalities primarily occurred during nighttime hours. According to state statistics. California .' s traffic
fatalities increased 1.5 percent. This is unfortunately evident in the City of Gilroy. We have experienced a
decrease in traffic enforcement efforts in our community due to a reduction in -patrol staffing levels, which
reduced the number of officers dedicated to traffic enforcement operations.. The City of Gilroy has also been
experiencing an increase in bicycle and pedestrian related collision over the last several years. During the
statewide "fiscal crisis We noticed an increase in citizens utilizing methods other than motor vehicles to travel
through the community. Citizens have begun to ride bicycles to locations where they previously would
drive and are walking much more often.
According to the 2010 Census; the Cityof Gilroy has,a population of 48,821, but has a large population of
seasonal agricultural workers at various time of the year, Based on population, the`City of ,Gilroy is ranked
59th out of .94- agencies in the 2011 OTS Rankings. Areas of primary concern involve_ bicyclists under 15
years old, where we rank 21194 and pedestrians under 15 years old, where we rank 5th. These rankings
indicate the City of Gilroyhas problems relating to bicyclists arid. pedestrians within our community.
During the budget cuts our agency experienced a heavy irpact on our patrol staffing, which also affected
our traff c enforcement efforts to include DUI enforcement. The number of DUI arrest_ drastically reduced
from 2009 to 2011. Since receiving OTS Checkpoint and saturation grants the department has made a
focused effort on improving our DUI enforcement efforts. We feel we are still below the county average on
arrests and enforcement efforts.
We have-seen an increase in motorcycle accidents in our community over the last several years, possibly
due to the economy and more citizens utilizing motorcycles as their primary source of transportation. The
City of Gilroy is centrally located in California and is surrounded by nationally recognized: riding area's. to
include Laguna Seca :Raceway. Leguna Seca Racewayhosts several national road races throughoutthe
year, which Gilroy notices a rise in motorcycle traffic in 'our, community during those event tunes.
We also have a high population of youth drivers in our community with the presence of two high .schools
and one community college. We have noticed an increase in violations involving younger drivers,
specifically associated to "speed violations. As you can see from the statistics listed in the Traffic Data
Summary section speeding is the number one violation in our community.
It is the direction of our city leaders to design future developments With amenities designed..for greater
bicycle and pedestrian use. One of our. larger residential districts currently under development has over 10
miles of new roadways and approximately 3 miles of new class one trails for bicyclist. and pedestrians: The
future of Gilroy involves a much greater use of the roadways by both bicyclist and pedestrians, therefore
possibly increasing the collision rate in those categories.
OTS-38b (Rev. 5/14)
GRANTS MADE EASY STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No.. PS`1562
Involved
Hit &Rua 0 18 2 22 0 18 0 22 0 '13 0
Nighttime 0 12 0 16 0 10 0 1.3 3 7 3
Prim" Colltsion,Factors stet t;
a:
#1: .VC 22350 Basic Speed Law_ _ 0 2
#2 - VC 21802 Failure to .'eld:, Sto . Sign 0 1
#3 - I VC 21453 Failure, to sto 'at red light 0 1
2. PERFORMANCE MEASURES
A. Goals:
1) To reduce the number of persons killed in traffic collisions.
2) To reduce the number of persons injured in traffic collisions.
3) To reduce the number of persons killed in alcohol- involved, collisions.
4) To reduce the number of persons injured in alcohol - involved collisions.
5) To reduce the number of persons killed in drug - involved collisions.
6) To reduce the number of persons injured in drug - involved collisions.
7) To reduce the number of motorcyclists killed in traffic. collisions.
8) To reduce the number of motorcyclists injured in traffic collisions.
9) To reduce the number of motorcyclists
killed in alcohol - involved collisions.
10) To reduce the number of motorcyclists injured in alcohol- involved collisions.
11) To reduce hit & run fatal collisions.
OTS 738b, (Rev. 5/14)
J
PAGE 2
A., Tiaffic
Data Sumiina
. :.
Collision
_
"Y
2011
2012
2013
T
-
Collisions;
Victims:
Caillsions _ Victims
CoWsions
A
Fa tal
1
1
p
1
4
4
In*
124
149
130
102
135
;Fatal• . ! In u
-
; ,. Killed In used
'''Fatal,.. In u
1
:;
"IGlled.` :In ured'
Fatal:. , .. In u
'!GilIlia., aced_,;;,
Alcohol- -
0 12
2 12
0 8
0 10
-
0 5
_ -1$In
0
Involved
Hit &Rua 0 18 2 22 0 18 0 22 0 '13 0
Nighttime 0 12 0 16 0 10 0 1.3 3 7 3
Prim" Colltsion,Factors stet t;
a:
#1: .VC 22350 Basic Speed Law_ _ 0 2
#2 - VC 21802 Failure to .'eld:, Sto . Sign 0 1
#3 - I VC 21453 Failure, to sto 'at red light 0 1
2. PERFORMANCE MEASURES
A. Goals:
1) To reduce the number of persons killed in traffic collisions.
2) To reduce the number of persons injured in traffic collisions.
3) To reduce the number of persons killed in alcohol- involved, collisions.
4) To reduce the number of persons injured in alcohol - involved collisions.
5) To reduce the number of persons killed in drug - involved collisions.
6) To reduce the number of persons injured in drug - involved collisions.
7) To reduce the number of motorcyclists killed in traffic. collisions.
8) To reduce the number of motorcyclists injured in traffic collisions.
9) To reduce the number of motorcyclists
killed in alcohol - involved collisions.
10) To reduce the number of motorcyclists injured in alcohol- involved collisions.
11) To reduce hit & run fatal collisions.
OTS 738b, (Rev. 5/14)
J
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. PSI.502
PA68 3
12) To reduce hit -& run injury collisions.
13) To reduce nighttime (2100 - 0259 hours) fatal collisions.
14) To reduce nighttime (2100 - 0259 hours) injury collisions.
15) To reduce the number of bicyclists killed in traffic collisions.
16) To reduce the number of bicyclists injured in traffic collisions.
17) To reduce the number of pedestrians killed in traffic collisions.
18) To reduce the number of pedestrians injured in traffic collisions.
B. Objectives:
1) To develop (by December 31) and/or maintain a "HOT Sheet' program to notify patrol and traffic
officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license
as a result of DUI convictions. Updated HOT sheets_ should be distributed to patrol anal traffic
officers monthly.
2) To send 4 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST)
(minimum 16 hour) POST - certified training.
3) To, send 4 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving.
Enforcement (ARIDE) 16 hour-POST-certified training.
4) To send 1 law enforcement personnel to the IACP Drug Recognition Expert (DRE) training.
5) To conduct 4 DU1/DL Checkpoints. Note: A minimum of I check-point should be conducted during
the NHTSA Winter Mobilization and 1 during the NHTSA Summer Mobilization.
6) To conduct 6. DUI Saturation Patrol operation(s).
7) To conduct 2 highly publicized Motorcycle Safety DUI Saturation: Patrol, operation(s) in areas or
during events with motorcycle incidents or collisions resulting from DUI drivers /motorcyclists.
8) To conduct 7 Traffic Enforcement operation(s), including but not limited to, primary collision factor
violations.
OTS. -3$b (Rev. 5/14)
GRANTS MADE EASY --STEP
.SCHEDULE A
GRANT DESCRIPTION
GRANT` No. PS1502
R A nr d
9) To conduct 6 Distracted Driving enforcement operations) targeting drivers using Band held cell
phones and texting.
10) To conduct 3 highly publicized Motorcycle Safety enforcement operations) in areas or during
events with a high number of motorcycle incidents or collisions resulting frorn unsafe speed, DUI,
following too closely, unsafe lane changes, improper turning, and other pArnary collision factor
violations by-motorcyclists and other drivers.
11) To conduct 2 night =time (2100- 0259 hours) Click It or Ticket enforcement.operations.
12) To conduct pre- and post- bicycle safety helmet usage rate Surveys during the months of October
(start of grant) and September (end of grant).
13) To conduct 2 Traffic Safety educational presentations impacting 250 community members. Note:
Presentations may include topics such as distracted driving, .DUI, speed, bicycle & pedestrian
.safety, seatbelts and child passenger safety.
14) To conduct 2 bicycle rodeos impacting-1 50 people.
15) To distribute andproperly fit 250 bicycle safety helmets to students and community members
Participating in the bicycle rodeos.
16) To conduct 9 bicycle and pedestrian enforcement operations in identified areas of high bicycle,and
pedestrian traffic:
I!).To participate in the National Distracted Driving Awareness Month in April.
18) To participate in the NHTSA Click:It or Ticket mobilization period in May.
19) To collaborate with the county's;. Avoid Lead Agency by participating in planning/ . _e .ling
meetings and MADD /Avoid DUI Seminars, providing your agency's schedule of operations that
.occur during any Avoid campaign; and reporting your agency's DUI arrests & DUI fatality
information during any Avoid campaign.
20) To collect and report DUI enforcement data. for the NHTSA Winter and Summer Mobilizations.
NOTE: Nothing in this "agreement." shall be interpreted as a requirement, formal or informal, that a
particxlar police officer issue a specified or predetermined number of citations in pursuance,of the
goals and objectives hereunder.
1V6TE. To enhance the overall deterrent effect and promote high visibility; it is recommended the
grantee issue an advance press release for each checkpoint operation. For combination DUI /DL
OTS -38b (Rev. 5/14)
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. PS1502
PAGE 5
checkpoints, departments should issue press releases that mention DL's will be checked at the DUI /DL
checkpoint. Signs for DUI /DL checkpoint operations should read "DUI /Driver's License Checkpoint
Ahead. " OTS does not find or support independent DL checkpoints. Only on an exception basis and
with OTSpre- approval will OTSfitnd checkpoint operations that begin prior to 1800 hours.
3. METHOD OF PROCEDURE
A. Phase 1 - Program Preparation. Training and Implementation (I" Quarter of Grant Year)
• The police department will develop operational plans to implement the "best practice" strategies
outlined in the objectives section.
• All training needed to implement the program should be conducted this quarter.
• All grant related purchases needed to implement the program should be made this quarter.
• In order to develop /maintain the "Hot Sheets," research will be conducted to identify the "worst of
the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions.
The Hot Sheets may include the driver's name, last known address, DOB, description, current license
status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and
distributed to traffic and patrol officers at least monthly.
• Implementation of the STEP grant activities will be accomplished by deploying personnel at high
collision locations.
Media Requirements
• Issue a press release announcing the kick -off of the grant by November 15. The kick -off press
releases and media advisories, alerts, and materials must be emailed to the OTS Public Information
Officer at pioaots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the
issuance date of the release.
B. Phase 2 - Program Operations (Throughout Grant Year)
• The police department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.
Media Requirements
• Send all grant- related activity press releases, media advisories, alerts and general public materials to
the OTS Public Information Officer (PIO) at pio(@ots.ca.gov, with a copy to your OTS Coordinator.
OTS -38b (Rev. 5/14)
GRANTS MADE EASY - STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT NO. PS1502
PAGE 6
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 should first be sent to the OTS PIO for approval. Optimum lead
time would be 10 -20 days prior to the release date to ensure adequate turn- around time.
b) Press releases reporting the results of grant activities such as enforcement operations are exempt
from the recommended advance approval process, but still should be copied to the OTS PIO and
Coordinator when the release is distributed to the press.
c) Activities such as warrant or probation sweeps and court stings that could be compromised by
advanced publicity are exempt from pre - publicity, but are encouraged to offer embargoed media
coverage and to report the results.
• Use the following standard language in all press, media, and printed materials: Funding for this
program was provided by a grant from the California Office of Traffic Safety, through the National
Highway Traffic Safety Administration.
• Email the OTS PIO at pio(?&ots.ca gov and copy your OTS Coordinator at least 30 days in advance, a
short description of any significant grant- related traffic safety event or program so OTS has sufficient
notice to arrange for attendance and/or participation in the event.
• Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork,
trailer graphics, 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)
• Agencies are required to collect and report quarterly, appropriate data that supports the progress of
goals and objectives.
• Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated
in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include
year -to -date comparisons of goals and objectives. If required, a separate quarterly data reporting
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.
OTS -38b (Rev. 5114)
GRANTS MADE EASY STEP
SCHEDULE A
GRANT DESCRIPTION
GRANT No. P91502
PAGE 7
e Reports shall be completed and submitted in accordance with OTS requirements as specified in the
Grant Program Manual.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the '`Final Evaluation" section in
the fourth/final Quarterly Performance Report (QP.R). The Final Evaluation should provide a brief summary
of the grant's accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation why objectives were not completed.
5. :ADMINISTRATIVE SUPPORT
This program has full support of the City of Gilroy. Every effort will be made to continue the activities after
the ,grant conclusion.
O.TS -38b (Rev. 5/14)
.SCHEDULE B
DETAILED BUD.GET'ESTIMATE
GRANT NO. ..PS1502
OTS -38d (Rev. 6/14) Page 1 of I
CATALOG
TOTAL
FUND NUMBER..
;NUMBER (CFDA)
FUND DESCRIPTION
AMOUNT
MINIMUM PENALTIES FOR REP EA]
164AL
20.608
OFFENDERS FOR DRIVING WHILE
$33,989
INTOXICATED
402PS
20.600
STATE AND COMMUNITY HIGHWAY
$73,434
SAFETY
FISCAL YEAR" ESTIMATES
TOTAL COST
COST CATEGORY
10 %1/14 tl ru 9730115;
TO GRANT
A. PERSONNEL COSTS
CFDA
FY -.1
Positions and Salaries
Overtime
DU11bl, Checkpoints
20.608
S
26,388.00
S 26,388:00
DUT Saturation Patrols
20.608
$'
3,240.00
S 3,240.00
Motofcycle.DUI Saturation Patrols
"
20.608
$
2,160.00
S 2,160:00
Benefits @ 6.925%
20:608
$
2,201.00
S 2,261.00
Traffic Enforcement Operations
20.600
$
9,456.06
$ 9,450;00
Distracted Driving Enforcement Operations
20.600
S
8,1 00.00
S 8,100.00
Motorcycle Safety. Operations
20.600
$
4,050.00
S 4;05000
Night -time CIOT Enforcement Operations
20.600
$
2;706:00
S 2,700.00
Traffic Safety Educational Presentations
20:600
$
1,800.00
$ 1,800.00
BikelPed Enforcement Operations
30 :600
$
24,300.00
$ 24,300.00
Bicycle Rodeos
20.600
S
6,960.00
$ 6,960.00
Benefits @ 6;925%
20.600
$
3,972.00
$ 3,972.00
Cate o" . Sub- Total
95,321.00
B. TRAVEL. EXPENSE
In-State
20.600
S
3,152.00
S
3,152.00
Out -of =State .
S
_
Cate "o Sub -Total _
$
3,152.0
IS
3,152.00
C CONTRACTUAL SERVICES
None
_
S
Is
-
`
Cate o Sub,-Total __ _
$
_
_
D. '.EQUIPMENT
None
Cate ory Sub - Total
E. ;OTHER DIRECT COSTS
Bicycle Helmets
20.600
S
2;500.00
S
2,500.00
Educational Materials
20.660
S
1;500.00
S
1,500.00
Portable Lighting System
20.600
S
4,950.00
$
4,950.00
Cate my Sub- Total'
$
8,950.00
$
8,95.0.00
F. INDIRECT COSTS
None
$
Category Sub -Total
$
_
_
GRANT TOTAL
S
167i423.00
$ ]07,423.00
OTS -38d (Rev. 6/14) Page 1 of I
SCHEDULE B -1
GRANT NO.
I BUDGET NARRATIVE Page l I
PERSONNEL. COS'T'S
Overtime
Overtime'for grant funded law enforcement operations may be conducted. by personnel such as a Lieutenant,
Sergeant, Corporal; Deputy, Officer, Community Services Officer, Dispatcher; etc., depending on the titles
used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish.
the grant goals and objectives.
Costs are estimated based on an overtime hourly rate range of $45.00/hour to $105.00/hour.
Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to
the maximum range specified.
Overtime Benefit Rates
Unemployment Insurance
0.185%
Workers Compensation
5:29Q%
Medicare
1.450%
TOTAL BENEFIT RATE
6.925 %
TRAVEL EXPENSE
In State - Casts: are 'included for appropriate. staff to attend conferences and training events supporting the
grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included.
Anticipated travel may include DUID Seminar and DRE training. All conferences, seminars or training not
specifically identified in.the Schedule B -1 (Budget Narrative) must be approved by OTS. All travel claimed
must he at the agency approved rate. Per Dieni may not be claimed for meals provided at conferences when
registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
None
EQUIPMENT
None
OTHER DIRECT COSTS
250 Bicycle Helmets - helmets to be distributed during bicycle rodeos and other bicycle safety related
events.
0,TS -3$f (Rev. 6/14)
SCHEDULE B -1
GRANT No. PS1502
BUDGET,NARRATIW Page 2
Educational Materials — used to purchase, develop or print brochures, pamphlets, fliers, coloring books,
posters; signs, and banners associated with grant activities, - and. traff c safety conference and training
material y Items shall include Pa traffic safety message and if space. is available the OTS logo. Additional
items may be purchased i a roved by OTS
1 Portable Light Tower -h gh intensity light. on a telescoping shaft and stabilized platform to illuminate a
wide area for greater visibility during night time hour operations. Costs may include a generator and
accessories.
INDIRECT COSTS
None
PROGRAM INCOME
There will be no program income generated ,from this grant.
ant.
(Rev.. 6/14)
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, regulations, and directives and
State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
• 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended
• 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR Chapter II - ( §§ 1200, 1205, 1206, 1250,125 1, & 1252) Regulations governing highway safety
programs
• NHTSA Order 462 -6C - Matching Rates for State and Community Highway Safety Programs
• Highway Safety Grant Funding Policy for Field - Administered Grants
NONDISCRIMINATION
The Grantee Agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (88), which
prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685 - 1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C.
74, and the Americans with Disabilities Act of 1990 (101), as amended (42 U.S.C. 12101, et seq.), which
prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of
1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination on the basis of age; (e) the Civil
Rights Restoration Act of 1987 (100), which requires Federal -aid recipients and all subrecipients to prevent
discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office
and Treatment Act of 1972 (92), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the
comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (91), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of
the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality
of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C.
3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 6) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being
made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application.
Certifications and Assurances (Rev. 2014)
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
BUY AMERICA ACT
Page 2
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, subgrants, and contracts under grant, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
Certifications and Assurances (Rev. 2014)
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certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
RESTRICTION ON STATE LOBBYING
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 prospective primary participant shall provide immediate written notice to the department or agency to
which this Grant Agreement is submitted if at any time the Grantee Agency official learns its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, Grant Agreement, and voluntarily exchtded, 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.
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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.
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Instructions for Lower Tier Certification
I . 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.
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
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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 Iower 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.
Certifcd6oiis and Assurances (Rev. 2014)