HomeMy WebLinkAboutCOM 0017.022 2018-2020 J�q V OF. y,
Harry Kim �°''c� lli'�' Paul K. Ferreira
Mayor " Police Chief
i
'1Tp OP'Nt.N
Kenneth Bugado Jr.
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,Hawaii 96720-3998
(808}935-3311 o Fax(808)961-8865
DATE: January 29, 2020
TO: AARON CHUNG, COUNCIL CHAIR AND
COUNCIL MEMBERS
VIA: KA TRI
NTROLLER
FROM: A, POLICE CHIEF
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1)
Name of Grant Program: Hawaii Police Department Distracted Driving Grant
Grantor: State Department of Transportation
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): DD20-09 (01-H-02)
Amount of Grant: $62,220.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5216.41:3308.73
Grant Period (Commencement & Completion): October 1, 2019 to September 30, 2020
Purpose of Grant: To reduce the number of drivers using an electronic
device while operating a motor vehicle.
Is final report required by grantor? Yes [] No
Notification attached: Yes ❑ No, because
Comm. No.
"Hawai`i County is an Equal Opportunity Provider and Employer" Ref.To:
Ref. Date FEB 11 2020
STATE OF HAWAII IIIGHWAY SAFETY OFFICE
GRANT AGREEMENT
PDY
Grant No: DI720-094-H-R
06 C (D
Page 1 o be completed by applicant agency)
1. Grant'Title
HaNvai'i Police Department Distracted Driving Grant
2. Name and Address of Applicant Agency 4. Duration
Hawai'i Police Department Month—Day—Year
349 Kapi`olani St.
Hilo,W. 96720 A. Grant Period
From: 10101/2019
To: 09/3072020
3. Agency Unit to Handle Grant(lame and Address) R, Project Period'
From. 1010112019
awai'i.Police Department To: 09/30/2020
349 Kapi'olani St.
Hilo, lawati'i 96720
5. .Location of Project 6a, Type of Application
(Cheep AppropriateItem)
Hawaii Police Department _ _Initial Revision _Continuation
349 Kapi`olani St.
Hilo,Hawaii 96720 6b. Reimbursement Schedule Desired
Monthly X Quarterly
7. Grant Description (Summarize the grunt plan covering activities that address the major goals and objectives in
approximately 100 words. Limit to 6 linos.)
HPD will increase the number of Distracted Driver Checkpoints by 10%from 2018's&20I9's average of 115 project. HPD will
mule 500 or more citizen contacts while investigating METS violations into HRS 291C-137 with/grant funds in Federal Fiscal
Year(FFA')2020. Conduct media campaigns and/or send educational letters to,registered vehicle owners relative to violations of
HRS 291 C-137 MED.Increase enforcement of distracted driving during the rational campaign period.
S. Federal funds allocated under this agreement shall not exceed
9. Approval Si 'natures
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 Safe�Act of 1906)and all administrative regulations governing grants established by the C3:S.Department of Transportation
and the State of Hawaii: It is expressly agreed that this project constitutes an official part of Hawaii Highway Safety Program and that said applicant
agency will meet the requirements as set forth herein,including accompanying schedules A,B,B-1,C&D,which are incorporated herein and made a part of
this grant agreement. Authorization:to proceed.with this Hl hvta Safety Pro'ect is requested,
9a. Grant Director 9b. Authorizing Official of Agency/Unit
Name Paul K_Ferreira Phone: Name. A,,Harry Kim Phone:
Title: Police Chief Fax: Title: Mayor or Fa :
Address: Address:
E-Mail: E-Mail:
SEP 13 201 ------° '
(Sz ctture (Dale) (Sipgl e (gate)
To be pppqed by licwt,use s sheets as re uired. Form HS 3-71 Rev,816109
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APPROVE D AS TO FORM
LEGALITY:
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-,PW CORP ION COU SEL
COUNTY OF HAWAII-
Date!
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STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT-PART 11
Qt min
Grant No: Hd20-09 (&-H--:1)
Page 2(To e completed by Highway Safety OfficeONLY)
10. Grantee: Hawaii Police Department
11. standard Area: Distracted Driving 113 a. Federal Fiscal Year 2020
12. Effective hate of Agreement: Oct. 1, 2019-Sept. 301 2020 113 b, Addendum: EYes FXJNo
14. Benefit of; State ly1 county
15. Action Taken 16.Funding;Disposition & Status
Grant agreement approved on 9/30/20 1 9: Fiscal Year. Amount
2016 $ 57,430.00
2017 .577430,00
2018 S 51,430,00
2019 S 62,220.00
2020 $ 62;220.00
Total $ 296,730.00
Present Obligation 62,220.00
Previously Obligated $ 234,51(}.00
TOTAL FUNDIS OBLIGATED $ 216,730.00
17. Budget Suinwary(fro nn Schedule B-detailed Budget Fstlinate)-Fiscal Year Grant Period Ending: Sep 30,_2020
Cost Category Original Cost Current Cost Estimates
A. Personnel Costs $' 62;220.00 S 62,220300
B. Travel Expense,
C. Contractual/Consultant Services
D. Equipment
E. Other Direct Casts.
TOTALFEDERALFUNDS $ 62,220.00 S 62,220.00
18. Grant Approval. Authorization to Expend Obligated Funds
A.Approval Recommended By B. Agreement& Funding Authorized By
Program Area Specialist Acting motor Vehicle Safety Administrator
Name. l:..ianne D.Yamamoto Name: Lee Nagana
Title: Highway Safety Specialist 'Title. Acting Motor Vehicle Safety Administrator
Phone (808) 587.6315 Phone (808) 5576301
Email: lianne.yamaznotoCwhawaii.gov Email: tee.iiagano@hawaii.gov
IR
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(Sigl7ahl? ) (Date) (Si nqf- r"e) (Date)
I
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEI►f NT—PART M
Grant No: DD20-09 2 -H
Page 3 go be completed!j H' hwa Safely
Off ep
19E. Addendum(For Highway Safety Office Use Only)
EXHIBIT H
SCBMULE A-
SCHEDULEA Exhibit 11
Grant No: D 9 -H�t
GRANT DESCRIPTION
Distracted driving is any non-driving activity a person engages in that has the potential to distract him or her
from the primary task of driving and increase the risk of crashing. There are three main types of distractions;
Visual-taking your eyes off the road, Ma_nual-taldng your hands off the wheel, and Qng itive-taking your mind
off what you are doing. (NHTSA)
According to a NHTSA report In 2017 (3,166) people were killed in distracted driving related crashes.
Additionally six percent of all drivers involved in fatal crashes were reported as distracted driving at the time of
the crashes, In 2017 there were 599 non-occupants (pedestrians, bicyclists, and others) killed in distraction-
affected crashes.
Using a cell phone while driving, whether it is hand-held or hands-free, delays a driver's reactions as much as
having a blood concentration at the legal lime of.08 percent. (Source: University of Utah)
Drivers who use hand-held devices are flour times as likely to get Into crashes serious enough to injure
themselves. (Source: Insurance Institute for Highway Safety)
HawaV i County seeing that this Is a growing problem nationwide added to the Hawai`I County Code, Section
24-167.1 - Use of Mobile Electronic Devices While Operating a Vehicle which took effect on January 1, 2010.
Officers Island wide issued a total of 5,292 citations for non-compliance with this law (January 1, 2010-March
19, 2013). On March 19, 2013, the State of Hawaii enacted HRS 291.0-137 (Act 74) Mobile Electronic Device
(MED). Officers Island wide Issued a total of 13,747 citations for non-compliance with this law (March 19,
2013-September 30, 2018). Table I shows the number of MED citations issued per year (2014-2018) with
grant-funding In relation to county-funded.
Table I
2014 2015 2016 2017 2018 Total
Grant- 559 473 551 864 704 3151
funded
County- 2,362 1,860 1,932 2,1.66 2,,397 10,717
funded
Total ;,r921 2,333 Z1483 3 030 1 3,101 1 13,868
With the use of the funding from the Distracted Driver Grant, the Hawall Police Department (HPD) will
concentrate enforcement efforts on an overtime basis to reduce the number of violators using an electronic
device while operating a vehicle.
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 cleat 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 baasellne,front which the reductlonfrncrease will result.
HPD will increase the number of Distracted Driver Checkpoints by 10% from 2018's & 2019's average of 115
project. HPD will make 500 or more citizen contacts while Investigating MED violations into HRS 291C-137
with grant funds in Federal Fiscal Year(FFY) 2020.
GRANT OBJECTIVES
GRANT DESCRIPTION
Objectives are tasks or activities conducted in order W accomplish the grant goal(s)(e.g., develop permanent fitting
stations for child restraints, enforcement activities,educational activities, eta) Grant objectives should he stated in
measurable terms(i.e., apercent reduction,number of training to he held,number ofroadblocks, etc.), be concise and
deal with a specific item, be realistic with a reasonable probability of achievement,and be related to a specific time, ame
(a "by"date), Please notate baseline from which the reduction/increase will result
In addition, HPD Will:
1. Conduct 150 distracted driver checkpoints island wide to enforce HRS 29IC-137 MED Violations
2. Contact 500 occupants and drivers regarding seat belt and/or child restraint violations �hlle at
distracted driver checkpoints.
3. Conduct media campaigns and/or send educational letters to registered vehicle owners relative to
Violations of HRS 29I0-137 MED.
4. Increase enforcement of distracted driving during the national campaign period.
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 ofyour
project? What will he the impact of the pro, on your idenifiedproblem and goal(s)? Provide details on the method of
evaluation.
HPD will properly record the number of grant-funded MED contacts at checkpoints. Evaluate if HPD has
obtained the grant goal and objectives listed above.
SCHEDULE B
Page I
Detailed Budget Estimate
Grant No.: DD20-09 L01-11-02)
COST CATEGORY COST ESTIMATES
A. Personnei Costs
EmpIme Salaries and Benefits
Position Title(s)and Full-Time/Part-Time Yearly Salary:
Supervisor—$60.00lper hour
$60.00 x 2 hours x 150 checkpoints $18,000.00
Fringe Benefit Rate: 22 % $3,9+60.00
Time to be spent on project: 300 hours
Position Title(s) and Overtime Hourly Rate(s):
Officers-$55.00/per hour
$55.00 x 2 hours x 2 officers x 150 checkpoints $33,000.00
Fringe Benefit Rate: 22 % $7,260.00
Time to be spent on project: 300 hours
Category Subs-Total $62,220.00
B. Travel Expenses
In-State
Event(Conference:
Number of Travelers:
Aix Travel:
To:
From:
Surface Travel:
Shuttle/Taxi
Car Rental(daily rate,#of days,fuel,taxes,etc.)
SCHEDULE
Page 1
Detailed Budget Estimate
Grant No.:DD20-09 L01-H-02)
COST CATEGORY COST]ESTIMATES
Private Car: __miles @ per mile)
Excess Lodging:
nights r@ S per night
Per Diem:
days @ S per day
Baggage Fee:
Tuition,Course,Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
Sub-Total: $0.00
Out-of-
Event/Conference-
Number
ut-cifEvent/Conference:Dumber of Travelers:
Air Travel:
To:
From:
Surface Travel:
Shuttle/Taxi
Car Rental(daily rate,W of days,fuel,taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging:
nights @$ per night
Per Lien:
days @$ per day
Baggage Fee:
3
SCHEDULE B j
Page 1
Detailed Budget Estimate
Grant No.: DD20-09 f01-H 021
COST CATEGORY COST ESTIMATES
Tuition,Course,Registration and Miscellaneous Fees:
Individual cost; x No. of attendees:
Sub-Total; $0.00
Category Sub-Total $0.00
i
C. Contractual/Consultant Services
Category Sub-Total $0.00
D. Equipment
Category Sub-Total $0-00
E. Other Direct Costs
Category Sub-Total $0.00
GRANT TOTAL $62,220.00
SC ULE B� Exhibit IH
Grant u: D ..�_
BUDGET NA12RATM PAGE#f of 1
—Personnel Costs
Hawaii Police Department will conduct 150 checkpoints throughout the grant period. These activities will be
conducted on an overtime basis. The checkpoints will be staffed by supervisors(Lieutenant and/or
Sergeant)and officers. Cast are estimated based on an average overtime hourly rate of $60.00 per hour for
supervisors and$55.00 per hour for officers. Average;hourly rates are used because exact overtime rates vary
within the department depending on rank and gears of service.Which personnel will be stag
checckpointtis is undetermined at the outset of the grant period. Hourly rates do not include fringe benefits,
Travel Expenses
Contractual/Censultant Services
Equipment
Other direct Costs
t
IV
S, CEEDLJLE C
SCHEDULE C Exhibit Iry
Grant No: DDZQ-ff fg Qi)
MILESTONES PAGE##I
Month Activity
October 2019-Decernber 2019 Distracted Driving enforcement.
January 2020-March 2020 Distracted Driving enforcement.
April 2020-June 2020 Distracted Driving enforcement and Media Release for
Distracted Driver Campaign. increase checkpoints during
April for Distracted Driver Month..
July 2020-September 2020 Distracted Driving enforcement.
SCHEDULE D
i
SCHEDULE D
Certifications and Assurances
for Fiscal Year 2020 Hawaii Highway Safety Grants
(23 U.S.C.Chapter 4;Sm 1906,Pub.L. 109-59,As Amended)
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:
GENERAL REQUIREMENTS
The APPLICANT will comply with applicable statutes and regulations,including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966,as amended
Sec. 1906,Pub.L 109-59,as amended by See.4011,Pub. L. 114-94
• 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs
• 2 CFR part 200—Uniform Administrative Requirements,Cost Principles, and Audit Requirements for
Federal Awards
• 2 CFR part 1241 —Department of Transportation,Uniform Administrative Requirements,Cost
Principles,and Audit Requirements for Federal Awards
NONDISCREWWATION
The APPLICANT will comply with all Federal statutes and implementing regulations relating to
nondiscrimination{"Federal Nondiscrimination Authorities").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
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
i
the basis of sex);
3
• Section 504 of the Rehabilitation Act of 1973,(29 U.S.C. 794 et.req.), as amended,(prohibits
discrimination on the basis of disability)and 49 CFR part 27;
3
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq), (prohibits discrimination
on the basis of age);
7
• The Civil Rights Restoration Act of 1957,(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 1.2898,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 LEI'
persons have meaningful access to programs(70 FII 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, calor, 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 contractihnding 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 B 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/f ttiding agreement,the State highway safety agency will have the right to impose
such contractlagreement 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 subagreement
and in every solicitation for a subcontract or sub-agreement,that receives Federal funds under this
program.
POLITICAL ACTIVITY(HATCH ACT)
The APPLICANT 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
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 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 oft 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, civiijudgment, 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.
S. 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.
i
Certification Regarding Debarment,Suspension,Ineligibility and Tia tory Exciusion--
Lr ower 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
The APPLICANT will comply with the Buy America requirement(23 U.S.C. 313)when purchasing items
using Federal funds. Buy America requires a State,or Applicant,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 FUNIS TO CHECK FOR HELMET USAGE
The APPLICANT 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.