Loading...
HomeMy WebLinkAboutCOM 0052.019 2016-2018 • Harry Kim -cP ��oF h,,,1Lii?57, Paul K. Ferreira Police Chief Mayor a ••• 11;..-;47-00"I J.,�� i Kenneth Bugado Jr. Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998+ 7 (808)935-3311 • Fax(808)961-8865 _ Co r is 'RC2 —i�. DATE: September 7, 2018 x>rrf TO: VALERIE T. POINDEXTER, COUNCIL CHAIR AND w • COUNCIL MEMBERS --- ' co -- VIA: ir • •S.- lirTROLLER FROM: P• U K. FERREIRA, POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1) Name of Grant Program: Occupant Protection Program Grantor: State Department of Transportation County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): OP 19-05(01-H-02) Amount of Grant: $90,000.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5219.76:3302.56 Grant Period(Commencement& Completion): October 1, 2018 to September 30, 2019 Purpose of Grant: To increase the number of seatbelt and child restraint citations issued. Is final report required by grantor? x Yes ❑No Notification attached: x Yes n No, because Comm. No. 52 ICI Ref. To: Ref. Date SLP 2 5 ZU1 "Hawai'i County is an Equal Opportunity Provider and Employer" Form NGA11/05 EXHIBIT I STATE OF HAWAII HIGHWAY SAFETY PROJECT GRANT AGREEMENT STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: OP19-05(01-H-02) Page 1 (To be completed by applicant agency) 1. Grant Title Hawaii Police Department Seat Belt Enforcement 2. ' Name and Address of Applicant Agency 4. Duration Hawai'i Police Department Month—Day—Year 349 Kapi`olani St. Hilo,III.96720 A. Grant Period From: 10/01/2018 To:09/30/2019 3. Agency Unit to Handle Grant(Name and Address) B. Project Period From: 10/01/2018 Hawaii Police Department To: 09/30/2019 349 Kapi`olani St. Hilo,Hawaii 96720 5. Location of Project 6a. Type of Application (Check Appropriate Item) Hawaii Police Department X_Initial _Revision Continuation 349 Kapi`olani St. Hilo,Hawai'i 96720 6b. Reimbursement Schedule Desired Monthly X Quarterly 7. Grant Description(Summarize the grant plan covering activities that address the major goals and objectives in approximately 100 words. Limit to 6 lines.) In Federal Fiscal Year(FFY)2019,HPD will issue 950 or more seat belt citations and 50 or more child restraint citations during grant-funded projects.Conduct at least 92 seat belt and child passenger checkpoints. 8. Federal funds allocated under this agreement shall not exceed $90,000.00 9. Approval Signatures Acceptance of Conditions: It is understood and agreed by the undersigned that a reimbursement grant received as a result of this grant agreement is subject to Public Law 89-564(Highway Safety Act of 1966)and all administrative regulations governing grants established by the U.S.Department of Transportation and the State of Hawaii. It is expressly agreed that this project constitutes an official part of the Hawaii Highway Safety Program and that said applicant agency will meet the requirements as set forth herein,including accompanying schedules A,B,B-I,C&D,`which are incorporated herein and made a part of this grant agreement. Authorization to proceed with this Highway Safety Project is requested. 9a. Grant Director 9b. Authorizing Official of Agency Unit Name: Paul K.Ferreira Phone: Name: Harry Kim Phone: Title: Police Chief Fax: Title: Mayor Fax: Address: Address: E-Mail: E-Mail: SEP 10 2018 (Signature) (Date) (Signature) (Date) To be prepared by applicant,use separate sheets as required. Form HS 3-71 Rev. 8/6/09 • Signature Attachment: Grant Title: Hawaii Police Department Seatbelt Enforcement Grant Grantor: State Department of Transportation Motor Vehicle Safety Office Grant Period: 10/1/2018-9/30/2019 Amount of Grant: $90,000.00 Fiscal Year: 2018-2019 APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii Date: • I STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT–PART II Grant No: OP19-05(01-H-02) Page 2(To be completed by Highway Safety Office) 10. Grantee:Hawaii Police Department 11. Standard Area:Seat Belt Enforcement 13a. Federal Fiscal Year 2019 13b. Addendum: Yes x No 12. Effective Date of Agreement: Oct 1,2018–Sept 30,2019 — – — 14. Benefit of: State _x County 15. Action Taken 16.Funding Disposition&Status Grant agreement approved Fiscal Year Amount 2014 _$85,000.00 _2015 _$78,480.00 2016 _$78,480.00 12017 _$78,483.00 2018 _$78,869.00 =2019 _$90,000.00 Total $489,312.00 Present Obligation $90,000.00 Previously Obligated $399,312.00 TOTAL FUNDS OBLIGATED $489,312.00 17. Budget Summary(From Schedule B–Detailed Budget Estimate)–Fiscal Year Grant Period Ending: Cost Category Cost Estimates A. Personnel Cost A. $79,056.00 B. Travel Expenses B. $3,135.00 C. Contractual/Consultant Services C. $0.00 D. Equipment D. $7,809.00 E. Other Direct Costs E. $0.00. F. Indirect Costs F. $0.00 TOTAL FEDERAL FUNDS $90,000.00 18. Grant Approval&Authorization to Expend Obligated Funds A. Approval Recommended By B. Agreement&Funding Authorized By (Program Area Specialist) (Highway Safety Manager) Name:Lee Nagano Name:Lee Nagano Title: Highway Safety Manager Title: Highway Safety Manager Phone/E-Mail: lee.nagano@hawaii.gov Phone/E-Mail: lee.nagano@hawaii.gov (Signature) (Date) (Signature) (Date) STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT—PART III Grant No: OP19-05(O1-H-02) Page 3(To be completed by Highway Safety Office) 19. Addendum(For Highway Safety Office Use Only) E BIT II SCHEDULE A Schedule A HPD Seat Belt PROBLEM STATEMENT Identibi the traffic safety related problem or deficiency that the proposed grant is intended to correct. Identify and gather appropriate data relevant to the problem. Collision/fatalities data appropriate to the identified problem and a brief analysis of the data is required. When available, three years of data should be presented and analyzed. When identging the problem, take into consideration changes in population, traffic patterns and other demographic dynamics that may affect traffic safety. Safety belts, when used correctly, reduce the risk of fatal injury to front-seat passenger car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent. For light truck occupants, safety belts reduce the risk of fatal injury by 60 percent and moderate-to- critical injury by 65 percent. In fatal crashes from 2003-2007 only 2.0 percent of passenger vehicle occupants who were restrained were ejected from their vehicles, while 35.3 percent of the unrestrained occupants were ejected. Unrestrained occupants were therefore 17.7 times as likely to be ejected from their vehicles, compared to restrained occupants(NHTSA 2009). From 2010 to 2016, Hawaii County reported 175 fatalities island wide. Of the 175 fatalities, 46 occupants (26%) were not restrained during the traffic collision. See Table I Unrestraint Occupancy Fatalities for Hawaii County(2010-2016). Table I Unrestraint Occupancy Fatalities for Hawaii County Year Unrestrained Total Fatalities Percentage 2010 6 27 22% 2011 7 23 30% 2012 14 38 37% 2013 6 25 24% 2014 2 11 18% 2015 5 19 26% 2016 6 32 19% Total 46 175 26% If all of the unrestrained occupants were in a motor vehicle and were wearing their seat belts then 20 (based on 45% effectiveness of seat belts in fatal crashes) of them would be alive today. The survival rate would be higher if the unrestrained occupants were in a light truck based on 60% effectiveness of seat belts in fatal crashes. The Hawai'i Police Department (HPD) has issued 6,727 seat belt citations and 336 child restraint citations over the past six years with grant funds. See Table II HPD Occupant Protection Enforcement Statistics. Table II HPD Occupant Protection Enforcement Statistics 2011-2016 2011 2012 2013 2014 2015 2016 2017 Total Grant 1,208 983 837 885 877 926 1,011 6,727 Funded S.B. Citations Grant 78 46 40 44 48 38 42 336 Funded C.R. Citations County 2,598 2,926 2,958 . 3,446 3,176 3,251 3,404 21,759 Funded S.B. Citations County 498 564 472 401 331 308 339 2,913 Funded C.R. Citations Research on the effectiveness of child safety seats in passenger cars has found them.to reduce fatal injury by 71%for infants (less than one year old) and by 54%for toddlers (1-4 years old). For infants and toddlers in light trucks, the corresponding reductions are 58% and 59%, respectively(NHTSA's NCSA 2003). The 2013 Hawaii Child Restraint Survey Report, Table III shows that Hawaii County had the lowest use rate of infant and toddler restraint use in 2013, which was a drastic decline from the 2012 report of 90.91%(infant); 95.35% (toddlers); and 93.13% (overall). Table III Overall Restraint Use Rates for Children Under 4 years of age By Island, 2013 Child Restraint Report Usage Rate Oahu Maui Hawaii Kauai Total Infants 100% 100% 50% 100% 87.5% Toddlers 8239% 93.33% 68.12% 79.03% 80.72% Total 85.11% 94% . 65.82% 80.88% 81.45% The 2014 Hawaii Child Restraint Survey Report showed Hawaii County showed in improvement with the infant use (94.74%), but another decline in the toddler use (65.77%). The 2016 Winter Hawaii Child Restraint Survey Report showed the infant use rate declined again (60.00%), which was also the lowest use rate in the State. The toddler use rate for Hawaii County was 58.14%. Studies show that Hawaii County continues to decline in both toddler and infant child restraint use, and continued funding for enforcement is vital for HPD to increase its occupant protection safety use. HPD believes in aggressive enforcement island wide is the best solution to reducing the fatality rate as a result of unrestrained vehicle occupants. GRANT GOALS Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant and represent an end result. Grant goals should be stated in measurable terms(i.e., a percent reduction), be concise and deal with a speck item, be realistic with a reasonable probability of achievement, and be related to a specific time frame(a "by"date). Please notate baseline from which the reduction/increase will result. In Federal Fiscal Year (FFY) 2018, HPD will issue 900 or more seat belt citations and 50 or more child restraint citations during grant-funded projects. GRANT OBJECTIVES Objectives are tasks or activities conducted in order to accomplish the grant goal(s) (e.g., develop permanent fitting stations for child restraints, enforcement activities, educational activities, etc.). Grant objectives should be stated in measurable terms(i.e., a percent reduction, number of training to be held, number of roadblocks, etc.), be concise and deal with a specific item, be realistic with a reasonable probability of achievement, and be related to a specific time frame(a "by"date). Please notate baseline from which the reduction/increase will result. In addition, HPD will: 1. Conduct at least 92 seat belt checkpoints. 2. Conduct at least eight(8)child passenger seat checkpoints. 3. Issue 250 or more Mobile Electronic Device(MED)citations with grant funds. 4. Issue 800 or more citations for other violations,both moving and regulatory. 5. Conduct media campaigns during"Click It or Ticket"and other enforcement periods. 6. Participate in the 2019 National"Click It or Ticket"Campaign. 7. Send one representative to the monthly Statewide Child Passenger Safety Meeting on Oahu. 8. Purchase 34 tint meters to issue tint violations to aid with observing seat belt and child restraint violations. 9. Purchase a 20 x 30 foot canopy tent to use for child passenger seat inspections at community events. METHOD OF EVALUATION Using data gathered throughout the grant period, the grant manager will evaluate(1)how well the stated grant goals and objectives were accomplished, and(2)was the grant cost effective? How are you going to show effectiveness of your project? What will be the impact of the project on your identified problem and goal(s)? Provide details on the method of evaluation. HPD will properly record the number of seat belt and child restraint citations Issued during FFY 2019. Evaluate if HPD has obtained the grant goal and objectives listed above. EXHIBIT III SC1IEDULEB • SCHEDULE B Exhibit HI Page 1 Detailed Budget Estimate Grant No: 009-o5.(o1-H-o -) COST CATEGORY COST ESTIMATES A. Personnel Costs Employee Salaries and Benefits Position Title(s)and Full-Time/Part-Time Yearly Salary: Position Title(s)and Overtime Hourly Rate(s): 1 Supervisor--$60/per hour $60 x 3 hours x 96 checkpoints $17,280.00 Fringe Benefit Rate: 22 % $3,801.60 Time to be spent on project: 288 hours 3 officers-$55/hour each officer $55 x 3 hours x 3 officers x 96 checkpoints $47,520.00 Fringe Benefit Rate: 22 % $10,454.40 Time to be spent on project: 288 hours Category Sub-Tota➢ $79,056.00 SCHEDULE B Exhibit III Page 2 Detailed Budget Estimate Grant No: OP 1 S -OS(o r-H-tie) COST CATEGORY COST ESTIMATES B. Travel Expenses In-State Event/Conference: Monthly Child Passenger Safety Meeting Air Travel: (11 roundtrip) $2,750.00 To: Honolulu,Hawaii From: Hilo,Hawaii Surface Travel: Car Rental(daily rate,#of days, fuel,taxes,etc.) Private Car: (_ miles @ per mile) Per Diem: $220.00 11 days @$20 per day Airport Parking in Hilo: $165.00 Tuition, Course,Registration and Miscellaneous Fees: Individual cost: x No. of attendees: Category Sub-Total $3,135.00 SCHEDULE B Exhibit III Page 3 Detailed Budget Estimate Grant No: oPI 9 -oc(o/-k --oa) COST CATEGORY COST ESTIMATES C. Contractual/Consultant Services Category Sub-Total $0.00 D. Equipment (35)Tint Meters- $200 per unit $7,000.00 (1)20 X 30 Canopy Tent $809.00 Category Sub-Total $7,809.00 E. Other Direct Costs Category Sub-Total $0.00 GRANT TOTAL $90,000.00 SCHEDULE B-1 Exhibit III Grant No: (IP i'i 'GS(o/-/(--o ) BUDGET NARRATIVE PAGE# Personnel Costs Hawai'i Police Department will conduct at least Checkpoints throughout the grant period. These activities will be conducted on an overtime basis. The checkpoint will be staffed with one(1) supervisor and three(3)officers. Costs are estimated based on an average overtime hourly rate of $60 per hour for supervisors and$55 per hour for officers. Average hourly rates are used because exact overtime rates vary within the department depending on rank and years of service. Which personnel will be staffing which checkpoint is undetermined at the outset of the grant period. Hourly rates do not include fringe benefits. Travel Expenses Hawaii Police Department will send one representative to the monthly Child Passengers Safety Meeting on Oahu. Contractual/Consultant Services Equipment (35)Tint Meters (1)20 X 30 Canopy Tent Other Direct Costs EXHIBIT IV SO DULE C . SCHEDULE C Exhibit IV Grant No: OP19-05(O1-H-02) MILESTONES PAGE#1 Month Activity October 2018-December 2018 Seat Belt Enforcement projects conducted island wide. Child Passenger Safety Meetings on Oahu. January 2019-March 2019 Seat Belt Enforcement projects conducted island wide. Child Passenger Safety Meetings on Oahu. April 2019-June 2019 Seat Belt Enforcement projects conducted island wide. Participate in the National"Click It or Ticket" Campaign.Media campaign. Child Passenger Safety Meetings on Oahu. July 2019-September 2019 Seat Belt Enforcement projects conducted island wide. Child Passenger Safety Meeting on Oahu. E IBIT V SC I DULE D SCHEDULE D Exhibit V AGREEMENT OF UNDERSTANDING& COMPLIANCE Grant No: THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and through its Director of Transportation,hereinafter referred to as"State,"and the Governmental Unit named in this application,hereinafter referred to as"Applicant." WHEREAS,the National Highway Safety Act of 1966 (Public Law 89-564)provides Federal funds to the STATE for approved highway safety projects,'and WHEREAS, STATE may make said funds available to various state, county or municipal agencies or governments or political subdivisions upon application and approval by STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION,and WHEREAS, STATE is obligated to reimburse the UNITED STATES DEPARTMENT OF TRANSPORTATION out of its funds for any ineligible or unauthorized expenditures for which Federal funds have been claimed and payment received,and WHEREAS,the above name APPLICANT has submitted an application for Federal funds for highway safety projects. NOW,THEREFORE,IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOOD AND VALUABLE CONSIDERATION,THE PARTIES AGREE AS FOLLOWS: I. Reimbursement of Eligible Expenditures A. It is mutually agreed and promised that upon written application by APPLICANT and approval by STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION, STATE shall obligate said Federal funds to APPLICANT'S account for reimbursement of eligible expenditures as set forth in the application. B. It is mutually agreed and promised that APPLICANT shall reimburse STATE for any ineligible or unauthorized expenditures for which Federal funds have been claimed and payment received as determined by a State or Federal audit. Costs are not allowable for construction, rehabilitation,remodeling,or for office furnishings and fixtures-for State, local or private buildings or structures. The following are examples of items considered as furnishings or fixtures,for which reimbursement is not eligible: Desks Credenzas Storage Cabinets Chairs Bookcases Portable Partitions Tables Filing Cabinets Pictures, Wall Clocks Shelving Floor Coverings Draperies Coat Racks Office Planters Fixed Lighting/Lamps C. It is further agreed and promised that where reimbursement is made to APPLICANT in installments, STATE shall have the right to withhold any installments to make up reimbursement received for any ineligible or unauthorized expenditures until such time as the ineligible claim is made up or corrected by APPLICANT. II. Property Agreement A. It is mutually agreed and promised that the APPLICANT shall immediately notify the STATE if any equipment purchased under this project ceases to be used in the manner as set forth by the project agreement. In such event,APPLICANT further agrees to either give credit to the project cost or to another active Highway Safety project for the residual value of such equipment in an amount to be determined by the STATE,or to transfer or otherwise dispose of such equipment as directed by STATE. B. It is mutually agreed and promised by the APPLICANT that no purchased equipment under this project will be conveyed,sold, salvaged,transferred,etc.without the express written approval of the STATE. C. It is mutually agreed and promised that the APPLICANT shall maintain or cause to be maintained for its useful life,any equipment purchased under this project. III. Application of Hatch Act A. It is mutually agreed and promised that the APPLICANT shall notify all employees of the APPLICANT, whoseis in connection with any employment rinci al em to Highway Safety project,financed in whole or in P P P Y � part by loans or grants under the Highway Safety Act of 1966,of the provisions of Section 12 (a) of the Hatch Act[5 U.S.C. 118K(a)]. IV.Equal Opportunity A. It is mutually agreed and promised that pursuant to the requirements of Section 22 (a)of the Federal-Aid Highway Act of 1968, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),and the Age Discrimination Act of 1975,the APPLICANT,as a condition to receiving approval of this application submitted under the Highway Safety Act of 1966,hereby gives its assurance that employment in connection with the subject Highway Safety Program project will be provided without regard to race, color,creed, sex,handicap, age,or national origin. The APPLICANT further agrees that,as a condition to receiving approval of this application,it will be subject to,and will comply with,Title VI of the Civil Rights Act of 1964,78 Stat. 252,42 U.S.C.2000d to 2000d-4 (hereinafter referred to as the Act),and all applicable requirements pursuant to the Regulations of the Department of Commerce(Title 15,Code of Federal Regulations,Part 8,which have been adopted by the Department of Transportation,and hereinafter referred to as the Regulations),to the end that,in accordance with the Act and the Regulations,no person in the United States shall on the ground of race,color, creed,sex,handicap,age, or national origin be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under the subject Highway Safety Program or project. B. It is mutually agreed and promised that if the APPLICANT fails or refuses to comply with its undertaking as set forth in these provisions,the STATE of the UNITED STATES DEPARTMENT OF TRANSPORTATION may take any or all of these following actions. (1)Cancel,terminate,or suspend in whole or in part the agreement,contract, or other arrangement with respect to which the failure or refusal occurred;and (2)Refrain from extending any further Federal financial assistance to the applicant agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the applicant agency. • V.Non-duplication of Grant Fund Expenditures A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed projects under agreement with any other Federal fund source which duplicate or overlap any work contemplated or described in this project. B. It is mutually agreed and promised that the APPLICANT will either revise this project or revise any pending or proposed request for other Federal grant funds which would duplicate or overlap work under this project to exclude any such duplication of grant fund expenditures. C. It is further mutually agreed and understood that the APPLICANT shall reimburse the STATE OF HAWAII for any such duplicate expenditures for which Federal grant funds have been claimed and payment received as determined by State or Federal audit. VI. Project Income and Applicable Credits A. It is mutually agreed and understood that the APPLICANT shall apply all proceeds or credits generated under the project,such as but not restricted to:The sale of real or personal property royalties received from copyrights and patents, sale of publications or from personal or incidental services,to the project in accordance with OMB Circular A-87(FMC 74-7) or A-21,as applicable and NHTSAIFHWA Order 460-4/7510.1. VII. Copyrights and Patents A. It is mutually agreed that any copyrightable materials produced in the course of a project may be the property of the State or applicant agency;however,provisions should be made to obtain for the United States Government,the State Governments and their political subdivisions a royalty-free nonexclusive, and irrevocable license to use in any manner such copyrightable material. B. It is mutually agreed that the ownership of all rights accruing from any patentable discoveries or inventions resulting from a project should be covered in the agreement. An irrevocable,nonexclusive, nontransferable, and royalty-free license to practice each discovery or invention in the manufacture, use and disposition,according to law,of any article or material,and in the use of any method developed as part of the work under the agreement should be obtained for the United States Government,the State Governments and their political subdivisions. VIII. Certification Regarding Debarment and Suspension A. Instructions for Certification 1. By signing and submitting this proposal,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 proposal 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,""proposal,"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 proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal 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 Part9, 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 proposal that is it will include this 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 List. 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 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. IX. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion— Lower Tier Covered Transactions 1. The prospective lower tier participant certifies,by submission of this proposal,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 participants shall attach an explanation to this proposal. X. Minority Business Enterprise Requirements It is the policy of the Department of Transportation that minority business enterprises,as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently,the MBE requirements of 49 CFR Part 23 apply to this agreement. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard,all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race,color,national origin,or sex in the award and performance of DOT-assisted contracts. XI.Requirements A. It is mutually agreed and promised that the applicant shall follow the State and Federal requirements and guidelines set forth in the State of Hawaii Project Procedures Manual as amended. All project expenditure records are to be retained for at least three years after the date of the final expenditure report. XII.Authorization to Proceed A. It is mutually agreed between the STATE and the APPLICANT that this AGREEMENT OF UNDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S agreement and authorization to proceed as set forth in PART II (2)of this application. J E : IBIT A - • • • L J State of California–Office of Traffic Safety GRANT AGREEMENT Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C.CHAPTER 4 AND SEC.1906,PUB.L.109-59,AS AMENDED) 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 CFRPart1300—Uniform 1300 Uniform Procedure s for State Highway Safety Grant Programs NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination "Federal Nondiscrimination Authorities").( s ).These include but are not limited to: • Title VI of the Civil Rights Act of 1964 42 U.S.C.2000d et seq.,78 stat.252),(prohibits htbits discrimination on the basis of race,color,national origin)and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973,(23 U.S.C.324 et seq.),and Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683 and 1685-1686)(prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.794 et seq.),as amended,(prohibits discrimination on the basis of disability)and 49 CFR part 27; • The Age Discrimination Act of 1975,as amended,(42 U.S.C.6101 et seq.),(prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987,(Pub.L. 100-209),(broadens scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal aid recipients,subrecipients and contractors,whether such programs or activities are Federally-funded or not); • Titles II and III of the Americans with Disabilities Act(42 U.S.C. 12131-12189)(prohibits discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing)and 49 CFR parts 37 and 38; • Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations(prevents discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);and • Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency(guards against Title VI national origin discrimination/discrimination because of limited English proficiency(LEP)by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs(70 FR 74087-74100). The State highway safety agency • Will take all measures necessary to ensure that no person in the United States shall,on the grounds of race,color, national origin,disability,sex,age,limited English proficiency,or membership in any other class protected by Federal Nondiscrimination Authorities,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any of its programs or activities,so long as any portion of the program is Federally-assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients,contractors, subcontractors,and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non-Discrimination Authorities identified in this Assurance; • Agrees to comply(and require its subrecipients,contractors,subcontractors,and consultants to comply)with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records,accounts, documents,information,facilities,and staff,and to cooperate and comply with any program or compliance reviews,and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement,the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations,as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation,as set forth in appendix 13 of 49 CFR part 21 and herein; c. To permit access to its books,records,accounts,other sources of information,and its facilities as required by the State highway safety office,US DOT or NHTSA; d. That,in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement,the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate,including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies;and/or cancelling,terminating,or suspending a contract or funding agreement,in whole or in part;and e. To insert this clause,including paragraphs(a)through(e),in every subcontract and sub agreement and in every solicitation for a subcontract or sub-agreement,that receives Federal funds under this program. POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State 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 (applies to subrecipients as well as States) 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 3I,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. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) 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 (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification(States) 1.By signing and submitting this proposal,the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 primary tier 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 prospective rima to furnish a primary tier participant ant p 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 prospective primary tier participant 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 or may pursue suspension or debarment. 4.The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms covered transaction, civil judgment,debarment,suspension,ineligible,participant, person,principal, and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations, 6.The prospective primary tier participant agrees by submitting this proposal 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. 7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification"including the"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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any prospective lower tier participants,each participant may,but is not required to,check the System for Award Management Exclusions website(https://www.sam.mw/). 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 the transaction for cause or default. Certification Regarding Debarment,Suspension,and Other Responsibility Matters-Primary Tier Covered Transactions (1)The prospective primary tier participant certifies to the best of its knowledge and belief,that it and its principals: (a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b)Have not within a three-year period preceding this proposal 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, records,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/proposal had one or more public transactions (Federal,State,or local)terminated for cause or default. (2)Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1.By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 or debarment. 3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal 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, civil judgment,debarment,suspension,ineligible,participant, person,principal, and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective lower tier participant agrees by submitting this proposal 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 proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification"including the"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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any prospective lower tier participants,each participant may,but is not required to,check the System for Award Management Exclusions website(https://www.sam.gov/). 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 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 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 proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions 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 proposal. BUY AMERICA ACT (applies to subrecipients as well as States) Thet S ate and each subrecipient will comply with the Buy America requirement(23 U.S.C.313)whenurchasin items P g using Federal funds.Buy America requires a State,or subrecipient,to purchase with Federal funds only steel,iron and manufactured products produced in the United States,unless the Secretary of Transportation determines that such domestically produced items 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. In order to use Federal funds to purchase foreign produced items,the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C.Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. LAW ENFORCEMENT AGENCIES All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section 13519.4,subdivision(e),defines"racial profiling"as the"practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped." Then,subdivision(f)of that section goes on to provide,"A law enforcement officer shall not engage in racial profiling."