HomeMy WebLinkAboutCOM 0017.024 2018-2020 J��Y_Oc ktY
Harry Kim �'°'c '�. Paul K. Ferreira
Major tl" Police Chief
�r�oF•N►�
Kenneth Bugado Jr.
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street Hilo,Hawaii 96720-3998
(808)935-3311 Fax(808)961-8865
DATE: January 29, 2020
TO: AARON CHUNG, COUNCIL CHAIR AND
COUNCIL MEMBERS
VIA: QKA :fij ONTROLLER
FROM: K. FERREIRA, POLICE CHIEF
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1)
Name of Grant Program: Hawaii Police Department Seat Belt Enforcement
Grant
Grantor: State Department of Transportation
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): OP20-05 (01-H-02)
Amount of Grant: $96,585.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5219.76:3302.56
Grant Period (Commencement &Completion): October 1, 2019 to September 30, 2020
Purpose of Grant: To increase the number of seat belt and child restraint
citations issued.
Is final report required by grantor? Yes [] No
Notification attached: Yes [—] No, because
Comm. No.
Ref. To:
"Hawai'i County is an Equal Opportunity Provider and Employer" Ref. bate FEB 11 2020
I
i
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT
T I
Grant No; OP20.05(01-II-021
Pae 1 (To be completed by applicant a enc
1. Grant'Title
i
Hawai'i Police Department Seat Rett Enforcement
2. Name and Address of Applicant Agency 4. Duration
flawai'i Police Department Month—Day—Year
349 Kapi{olani'St:
Hilo,M.9+6720 A. Grant Period
From, 1.0/01/2019
To.09/30/2020
3. Agency Unit to Handle Grant(Name and Address) B. Project Period
.From. 10101/2019
Hawai'l Police Department To 09/30/2020
349 Kapilolani St.
Hilo, Hawaii 96720
5, Location of Project bra. Type of Application
(Check Appropriate Item)
Hawai"i Police Department _X—Initial Revision Continuation
349 KapPolani 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)2020, HPD will increase the average number citizen:contacts from 2018 and 2019 of 1074 by
2%d Conduct at least 100 seat belt checkpoints. Conduct at least eight( )child passenger seat checkpoints,
8. Federal funds allocated under this agreement shall not excud $96,585,00
9. Approval Signatures
Acceptance of Conditions: It is understood and agreed by the undersigned that a reimbursement grant received as a result ofthis.arant agreement is subject to
Public Law 89-564(/Highway Safety Act of 1966)and all administrative regulations governing grants established by the US,Department of Transportation
and the State of Hawaii, it is expressly agreed that this project constitutes an official}part of the Hawaii Highway Safcty:Program and that said applicant.
agency will meet the requirements as set forth herein,including accompanying schedules A,I3,B-1,C&.D,which are incorporated herein and made a part of
this grantagreernent. Authorization to roceed ewith this Highway Safety Pro'ei t is requested,
9a. Grant Director 9b. Authorizing Official of Agency Unit
Name, Paul K.Ferreira Phone; Name: rry Kim Phone:
'Title: Police Chief Fax: Title: Mayor Fax;
Address: Address:
E-Mail: E-Mail.
SEP 1 3 2019
(Signature) (Date) (Si azure)
To be Ere2ared by a221icant,use se crate sheets as required. Farm HS 3-71 Rev. 8/6/09
APPROVED AS TO FORM
LEGALITY..
C CIRATIOh COUNSEL
CQLfl1l'IY OF HAWAII
Date" f «',A 7 -2
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT-PART It
Grant o: OP20-05 (01-11-02)
Page 2 (Ter be completed;by High a Safety Office ONLY)
10. Grantee: Hawaii County Police Department
11. Standard Area: Occupant Protection 13 a. Federal Fiscal Year 20201
12, Effective Date of Agreement: Oct. 1, 2019-Sept, 30, 2020 13 b.Addendum: aYes hlo
14. Benefit of: OState MCounty
15. Action Taken. 1.6. Funding Disposition chi Status
FiscalYear Amount
2111 $ 78,480,00
2017 78,843,00
2018 $ 78,869.00
2019 $ 90,000,00
2020 S 96,585.00
Total S 422,777.00
Present Obligation S 96,585.00
Previously Obligated S 326;192.00
T'OTAt. FUNDS OBLIGATED $ 422,777.00
17. Budget Summary (from Schedule B -Detailed Budget Estimate) -Fiscal Year Grant Period Ending:
Cost Category Original Cost Current Cost Estimates
A. Personnel Costs $- 82,350:00
B. Travel Expense; $ 4,135.00
C. Contractual/Consultant Services $ 1,,500.00
D. Equipment $ 8,600;00 -
E, Other Direct Costs $
TOTAL FEDERAL FUNDS $ 96,585.00 $ -
18. Grant Aproval&Authorization to Expend Obligated Funds
A.Approval Recommended By 13. Agreement& Funding Authorized By
(Program Area Specialist) Acting Motor Vehicle Safety Officer
Name; Christy Cowser, Name; Lee Nagano
Title: Highway Safety Specialist Title: Acting MVSO
Pbone 587-2360 Phone 587-63.01
Email: ch istv,in.cowser lrawaii,7ov Finail iee.na ano` hawaii, ov
gnature) (Date) (Date)
STATE OF HAWAII HIGHWAY SAFETY O C
GRANT AG —PART
Grant No: OP20-05(01-II Zj
Page 3 o be comp feted b gkkway Safe Office
19. Addendum(Far Highway Safety Ofke Use Only)
I
I
i
EXMIT II
SCHEDULE A
Schedule A
HPD Seat Belt
]PROBLEM STATEMENT
ldent6 the ozee safety related problem or deficiency that the proposed grant is intended to correct.
ldent6 and gather appropriate data relevant to the problem, Collision1faialides data appropriate to the
identiftedproblem and a brief analysis of the data is required. When available, three years of data
should he presented and analyzed H%en Idenfifyingthe problem, take into consideration changes in
population, traffle patterns and other demographic dynamics that may affect time 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 2017, Hawail County reported 207 fatalities island wide. Of the 207 fatalities, 51
occupants (25010)were not restrained during the traffic collision. See Table I Unrestraint
Occupancy Fatalities for Hawail County(2010-2017).
Table I
Unrestraint Occupanc( Fatalities for'Hawa4l'"i County
Year Unrestrained Total Fatalities Percentage
2010 6 27 22%
2011 7 23 30%
2012 14 38 37%
2013 6 25 24%
2014 2 11 180/0
2015 5 19 26%
2016 6 32 19%
2017 Is 32 160
Total 151 207 125%
If all of the unrestrained occupants were in a motor vehicle and were wearing their seat belts
then 23 (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 Hawali Police Department (HPD) has issued 4,283 seat belt citations and 199 child
restraint citations over the past five years with grant funds. See Table II HPD Occupant
Protection Enforcement Statistics.
Table II
HPD Occupant Protection Enforcement Statistics
20142018
2014 2015 2016 2017 2018 Total
Grant 885 877 926 1,011 582 4,281
Funded
S.B.
Citations
Grant 44 48 38 42 27 199
Funded
C.R.
Citations
County 3,446 3,176 3,251 3,404 3,139 16,416
Funded
S.B.
Citations
County 401 331 308 339 161 1540
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 Mess than one year old) and by 54010 for toddlers (1-4 years old).
For infants and toddlers In light trucks, the corresponding reductions are 58% and 59%,
respectively'(NHTSKs NCSA 2003).
The 2017 Hawall Child Restraint Survey Report.:, Table III shows that Hawall County had the
second highest rate of infant restraint use at 90.48% and the lowest restraint use in toddlers at
40.45%.
Table III
Overall Restraint Use Rates for
Children Under 4 years of age
Island 2017 Child Restraint Report
Usage Rate Oahu Maul Hawaii Kaua r Total
Enfants 88.89% 75.68% 90.48% 92,59% 86.91%
Toddlers 48.79% 55.74% 40.45% 39,5410/a 46.13%
Total 56.79% 63.27% 50.00% 60.00% 57.52%
The 2017 Hawall Child Restraint Survey Report showed Hawall County showed an
Improvement with the infant use (94.74%), but another decline In the toddler use (65.77%).
The 2017 Winter Hawall Child Restraint Survey Report showed the infant use rate declined
again (60.000/o), 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,
GRANTGOALS
Goals serve as the foundation upon which the grant Is built. Goals are what you hope to accomplish by
implementing a ft%oc safety grant and represent an end result. Grant goals should he stated in
measurable terms(ie.,apercent reduction), be concise and dear with a specific irev4 be realistic with a"
reasonable probability of achievement, and be related to a specific tame frame(a `'by"date). Please
notate baseline front which the reductioWincrease will result
In Federal Fiscal Year (FFY) 2020, HPD will increase the average number citizen contacts from
2018 and 2019 of 1074 by 2%.
GRANT OBJECTIVES
Objectives are tasks or activities conducted in order to accomplish the grant goals) (e.g., develop
permanent fitangstations forchild restraints, aiforeementacttvilies, educational activities, etc). Grant
objectives should be stated in measurable terms(i.e., apercent reduction, number of training to he held,
number of roadblocks, eta), be concise and deal with a spevific item,he realistic with a reasonable
probability of achievement,and he related to a specific timeframe(a "by"date). Please notate baseline
from which the reductioeincrease will result.
In addition, HPD will.
I. Conduct at least 100 seat belt checkpoints.
2. Conduct at least eight(8)child passenger seat checkpoints.
3. Conduct media campaigns during"Click It or Ticket"and other enforcement periods.
4. Participate in the 2020 National"Click It or Ticket"Campaign.
5. Send one representative to the monthly Statewide Child Passenger Safety Meeting on
Oahu.
6. Purchase 40 tint meters to issue tint Violations to aid with observing seat belt and child
restraint violations.
7. Purchase 4 pop up Child Safety Station Signs.
AUTHOD 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 be the impact ofthe project on your idem fiedproblen;
andgoal(s)? Provide details on the method of evaluation.
HPD will properly record the number of seat belt and child restraint contacts made during FIFY
2020. Evaluate if HPD has obtained the grant goal and objectives listed above.
SCHEDULE B Exhibit III
Page 1
Detailed Budget Estimate
Grant No: OP20-05 t91-I3-+02'1
COST CATEGORY COST ESTIMATES
A. Personnel Costs
Em to ee Salaries and Benefits
Position Title(s)and Full-Time/Part-Time Yearly Salary:
I Su Mjsor--$6i0/ er hour
$60 x 3 hours x 104 cher oints $18,000.00
Fringe.Benefit Rate: 22°f $3,960.00
Time to be spent on project: 300 hours
Position Title(s)and Overtime Hourly Rate(s):
$55/hour each officer
$55 x 3 hours x 3 officers x 100 checkpoints $49,500.00
Fringe Benefit Rate: 22 % $10,890.00
Time to be spent on project: 300 hours
.'�....6jj�r ap,zFtr ryy �a{.�f-.�yr��tr
'''SteOr�F7MN—ii
B. Travel Expenses
In-State
Event/Conference: Monthly Child Passenger Safety IVleetins
Air Travel: (I I roundtrip) $2,750.00
To; Honolulu,Hawaii
From: Hilo,Hawaii
Surface Travel.
Car Rental (daily rate,#of days,fuel,taxes,etc.)
Private Car; mules @ per male)
SC RULE B Exhibit HI
Page
Detailed Budget Estimate
Grant No: OP20-05 C01-R-02)
COST CATEGORY COST ESTEVIATES
Per Diem: $220.00
11 days @$20 per day
Airport Parking in Hilo: $165.00
Tuition,Course,Registration and Miscellaneous Fees:.
Individual cost. x No.of attendees-
Event/Conference: Child Safety Seat Technician Training
Number of Travelers: 10
Air Travel:
To: Hawaii Island
From: —Hawaii Island
Surface Travel:.
Shuttle/Taxi
Car Rental(daily rate,#of days,fuel,taxes,etc.)
Private Gar. ( miles @ per mile)
Excess Lodging:
nights @$ per night
Per Diem: ,
Airport Parking
Tuition,Course,Registration and hfiscellaneous Fees:
Individual cast $100.00 x No of attendees: _(10) $1,004.00
y...i `j - .7 k f'�'.,� �.-. � 'w - h .Z. y2 � }l'} .Sa�','2 s�^^'' '^.i•�7(1 r'�Y t� � y R ,+ $if/ X/'�} , .. 'c
X14 ,_ v r_
Y ,� k a !°" dL:.'"-rv5
y s CtV r�Sull. .'Otal-y L w+ i',r 'I}�khSd. .,r
�.✓;"s"yC,,.:.S+,r ,`�i,
C Contractual/Consultant Services
Production of PSA related to Child Safety Seats $1,504.00
tr J k .,, �^Yts:R}x�S •.t.yk�`71!^r" 'im .,u,+ 1,x '7.' t- '>^-"rr"'�,r-t.. it�x c41'� �: t rt j�y�a /�/�
}"t`. i:` -Jj tit f `tls F'�.'d�l�-y �Ys.".'.4a`�.+..,ea" .wqr 'i '_{ w71i.0 00
:&,- a N J �. iy,.r-�.xTb �,G-.:.'W`�. v'.+',.?r��z{�,1-�`!^�i,7`,'r��7•:�?eJs§'!A',..:::4;3;'��-�sc.'7 d ws3 _
D. Equipment
(40)Tint Meters s$200 per unit $8,040.00
(4)Pop Up Child Safety Station Signs $600,.00
.. J :: c hs "'-'���► r t'�'►4£t� � � � 'x��? '`sY�iM1.te�'��*"4 � �:3 rt �S�V n/y
SCHEDULEB Exhibit
Page 3
Detailed Budget Estimate
Grant No: Q►P20-05(01-11-02)
COST CATEGORY COST ESTIMATES
E. Other Direct Costs
i ft {xd .. r�r}t'7s.I 4�rV■�r'ra+�C�'.E�f t ttF :�,'.r ��s`k{�'1�' t!`,+...N"�gs�u"Y.'t F ;;...■/•y'::,,�
,t., c: z::..ri..: t t. s. -.14�!t.i•.'AYP.tn�a.:5.;. 4 ..,.f�:�h!�*...s:KHc•:u.,,r. r • .�l ..i
GRANT=AL $96,585.00
i
SC RULE B-1 Exhibit III
Grant No: OP20-45(01• -021
BUDGET NARRATIVE PAGE#
Personnel Costs
PD will increase the average number citizen contacts from 2018 and 2019 of 1074 by 2%.
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 ExiDenses
Hawaii Police Department will send one representative to the monthly Child Passengers Safety Meeting on
Oahu.
Contractual/Consultant Services
E ui meat
(40)tint meters
(4)Pop Up Child Safety Station Signs
Other Direct Costs
i
EXHMIT IV
i
SCHEDULE C
SCHEDULEC Exhibit IV
Grant No: OP20-05&I.-IL-02)
AHUSTGNES PAGE#1
Month Activity
October 2019-December 2019 Seat Belt Enforcement projects conducted island wide.
Child Passenger Safety:Meetings on{Jahn.
January 2020-March 2020 Seat Belt Enforcement projects conducted island wide.
Child Passenger Safety Meetings on Oahu.
April 2020-June 2020 Seat Belt Enforcement projects conducted island wide.
Participate in the National"Click 1t or Ticket"
Campaign.Media campaign. Child Passenger Safety
Meetings on Oahu.
July 2024-September 2020 Seat Belt Enforcement projects conducted island wide.
Child Passenger Safety.Meeting on.Oahu.
3
i
� � I
i
{
3
i
a
i
EXMIT V
SCBEDiJ1rE D
SCHEDULED Exbibit V
AGREEMENT OF UNDERSTANDING&COMPLIANCE
Grant No: OP20-05 L01-11-9)
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 Way 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:
1.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 fimds 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 Rimisbings 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.
i
H. Property Agreement
A. It is mutuafly 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 fuer 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,
whose principal employment is in connection with any Highway Safety project,financed in whole or in
part by loans or grants under the Highway Safety Act of 1966,of the provisions of Section 12(a)of the
Hatch Act[5 H.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 20OOdA(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,geed,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
( )Refrain from extending any mer Federal financial assistance to the applicant agency under the
program with respect to which the failure or refusal occurred until satisfactory assurance of fixture
compliance has been received from the applicant agency.
V.Non-duplication of Grant Fund Expenditures
A. It ism y 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 We 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 NHTSA/FHWA 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. hgt�cdons for Certification
L 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.
i
I
i
. 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,"C4suspended,""ineligible," "lower tier covered
""person,"
LL ""principal,"
"proposal,"'
transaction,99 4 tparticipant, 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+CPR.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.
f. The prospective lower tier participant finrther 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 CPR 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.
i
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.
1X. 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 maxinrum 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 Manuel 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 11(2)of this application.
i
i
I
I
State of California–Office of Traffic Safety
GRANT AGREEMNT
Exhibit A
CERTIFICATIt7Ns AND AssuRANcEs
HIGHWAY SAT•ETY CxRANTS
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 previsions include,
but are not limited to,the following:
• 23 U.S.C.Chapter 4—Highway Safety Act of 1966,as amended
• 49 CFR Part 15--Unifom Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR Part 1300—Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
(applies to subreeipients as well as States)
The State highway safety agency 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 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 pants
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 N14TSA 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 B of49 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
contractlagroctrient sanctions as it or NHTSA determine are appropriate,including but not limited to
withholding payments to the contrwor/funding
recipient under the contract/agreement until the contractorflundingrecipient 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.
POLITICALACTIVITY(HATCH ACT)
(applies to subrecipients as well as States)
i
The State will comply with provisions ofthe 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.
i
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.
i
I.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 Foran 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 S 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
primary tier participant 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 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 der covered transaction with a person who is
proposed for debarment under 49 CFR pan 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—LowerTier Covered Transaction,"providedby 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(ht!ps.1/w%vw.sam.gov
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 MattemPrimary 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, civiljudgment,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 prospectiveparticipant 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 we 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(bttRs:#www.sam.go
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 Debarjnent,Suspension,Ineligibility and VoluntaryExclusion—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)
The State and each subrecipient will comply with the Buy America requirement(23 U.S.C.313)when purchasing items
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."