Loading...
HomeMy WebLinkAboutCOM 0017.025 2018-2020 Of Harry Kim °' ". Paul K. Ferreira Mayor �'lt'' Police Chief �r�•us'µ►v► 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: t=CHIEFFROM: RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1) Name of Grant Program: Hawaii Police Department Traffic Services Grant Grantor: State Department of Transportation County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): PT20-01 (02-H-01) Amount of Grant: $105,840.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.10:3303.32 Grant Period (Commencement &Completion): October 1, 2019 to September 30, 2020 Purpose of Grant: To increase the number of officers trained in advanced traffic accident reconstruction. Is final report required by grantor? R Yes ❑ No Notification attached: R Yes ❑ No, because Comm. No. "Hawai'i County is an Equal Opportunity Provider and Employer" Ref. To: Ref. Dote FEB 11 2020 STATE OF HAWAII WGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: V")20-01(02-111-01) COPY Page 1 (To he completed by applicant agency) 1. G rant'ride a ai'i Polices e artn-te nt fr;ti" c Services (,,rual 2. Name and Address of Applicant Agency 4. Duration Ilawai'i Police Department Mouth--Day—Year 3491 apPulani St. .Hilo, Hl.96720 A. Grant Period From: IO/Olt-7019 Teri 09/30/2020 3. Agency Unit to Handle Grant(Name and Addresn)___ 13. Project Period I Hawai`i Polices Department From. 10/01/2019 349 Kapicolvni St.~ To, 09/34/2020 Hilo, Hawaii 9 720 5. Location of Project 6a. Type of Application (Check Appropriate Item) Hawaii'Police De:ftaAment ,__ _Initial --Revision _Continuation 344 Kapi`olani St. Hilo,Hawaii 967_'9 6b. Reimbursement Schedule Desired ! Monthly X Quarter]),_, 7. Grant Description(Summarize:the grant plan covering activities that address the major goals and objectives in approximately 100 retards. Limit to 6 lines.) The Haatai'i Polio,Departnittlt's lgo al is to intra erase the oil III ber(If ot°lievr-s trained in ratly anc:ed traffic Yarcxiticttt rt-.v ansa ilelitsta rand other traffic er€as'h r€:ltatecl cmirses, HPD mill conduct at lelv�t rant-, 11'TM co:tt-stt vi ilhin Hawaii ti.'ounta' it) carder to tr ain a greater number tat'caf iters rr"itlz theavailable funds. j . Federal funds allocated under this agreement shall not exceed $105,840-110 g 3. Approval Sirste#ttres _ __ _ Acceptance of Condit Igmz It is undevaonu and aerecd by the undcrsi nt d that a rei murscrraetat leant received as a result of'this grant apretment is subject to Public Lain 89-564(Hig hwa-Safety Act of 1966)and all administrative regulations governing grants established by the U.S,Department of"lransportadon and the State of l lmN aii. It is exprk;ssly aagTeed that this priject constitutes an official part of the Hawaii Highway`afety Program and that said applicant agency will meet that reruinnnents as set forth herein,including acezrapanyive,schedules A.Ll,R-11 C&D,which are incorporated herein and made a part of this grant airreentent. <kwhori:zsatian to c-ct tl with th.s l lL&,v?y d'a z'roicct is rc to st:d. 9a. Grant Director b. Authorizing Official cat Aerae ISttit Name- Paul Y,;Ferreira 'hone: Name- Harry I m hone: Title. Police Chief Isar; Title- ?Mayor Pax.: Address: Address: i llu E-Mail, r SEP 2 3 2019 {5i�netrtrr ) _ fi cat Managing Ditec�rSi trare� (Date=) `I'o tae prepared b ,a i'catat, use.se orate claeets as reyu red. Form HS 3-71 Rev. 8/6109 ViPP FORM & LEGALITY: TCO ORATION COUNSEL COUNTY OF HAWAII Date: ' {" a 7— 2--- 'STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT-PAIN It Grant No. PT20.01 (02-H-01) Page 2 (To be completed by Highway:safety Office ONLY) I{l, Grantee: Hawaii Island Police Department 11. Standard Area: Police`I"raffie Services 13 a. Federal fiscal Year 2020 12. Effective Date of Agreement: Oct. 1, 2019-Sept. 30,2020 13 b.Addendum: []Yes []No 14. Benefit of: r7State FTCOUfity 11.5. Action Taken 16.Funding Disposition & Status Fiscal Year Amount 2016 71,500.00 2017 $ 53,250.011 2018 $ 80,750.00 2019 $ 105,840,00 2020 $ 105,840.0() "Dotal $ 417,180.00 Present Obligation $ 105,8=10,00 Previously Obligated $ 311,3=111.17(1 TOTAL FUNDS OULIGATED 417-180,00 17, Budget Summary(Born Schedule B-Detailed Budget]Estimate)- Fiscal Year Grant Period Ending: Lost Category Original Cost Current Cost Estimates A. Personnel Casts $ 105, 40.00 $ B. Travel Expense C, Contractual,Consul(ant Services D, Equipment � 1 . Other Direct Costs TOTAL FEDERAL FUNIS $ 105.840.00 - 18. Grant Approval &Authorization to Expend Obligated Funds A. Approval Recommended By B.Agreement& Funding Authorized By (Program Area. Specialist) Acting Motor'Vehicle Safety Officer Name: Christy CoNvser Name: Lee Nagano Title: Highway Safety Specialist Title: Acting MVSO Phone 587-2360 Phone 587-61301 Email. �risty 1rLc0kvse.6el1aWaii.Cov Email. lee.naga000hawaii.so_v LAP SS a rtur (Dwe) (5% a ur '1 (Dote) STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT—PART III GrantNo: PT20-01(02-H-011 Page 3 To be completed by Highway Safety Office) 19. Addendum(For Highway Safety Office Use Only) i i SCHEDULE A i Schedule A HPD TRAFFIC SERVICES PROBLEM STATEMENT Identify the traffic safety related problem or deficiency that the proposed grant is intended to correct. Identify and gather appropriate data relevant to the problem. Collision1fatalities data appropriate to the identifledproblem and a brief analysis of the data is required. When available, at least three years of data should be presented and analyzed. When identifying the problem, take into consideration changes in population, traffic patterns and other demographic dynamics that may affect traffic safety. Hawai'i County continues to have a traffic safety problem and the need of enforcement personnel to enforce those laws. See Table I Hawai'i County Traffic Data. Table I Hawaii County Traffic Data 2014-2018 Year 2014 12015 2016 2017 2018 Major 1,530 1,541 1,458 1,373 1,226 Traffic Accidents Traffic 11 19 32 32 32 Fatalities Non- 6 2 2 1 1 Traffic Fatalities Impaired 6 13 23 17 25 Related Fatalities All police departments should have an efficient and effective Police Traffic Services (PTS) program to enforce laws, prevent crashes and their resulting deaths and injuries, assist the injured, document specific details of individual crashes, supervise crash clean-up, and restore safe and orderly movement of traffic. PTS is critical to the success of most traffic safety countermeasures, and to the prevention of traffic-related injuries. Training is one of the most important activities in a law enforcement agency, and it is essential to support the special requirements of traffic law enforcement and safety. It is essential for operational personnel to be prepared to effectively perform their duties. Training accomplishes a wide variety of Important and necessary goals. Proper training should: • Prepare officers to act decisively and correctly. ■ Increase compliance with agency enforcement goals. • Assist in meeting priorities. ■ Improve compliance with established policies. 3 • Result in greater productivity and effectiveness. ■ Foster cooperation and unity of purpose. ■ Help offset liability action. ■ Motivate and enhance officer professionalism. ■ Require traffic enforcement knowledge and skills for all recruits. ■ Require Law Enforcement Agencies to: o Provide traffic enforcement in-service training to experienced officers. o Provide specialized CMV in-service training to traffic officers as appropriate. o Conduct training to implement specialized traffic enforcement skills,techniques, or programs. o Train instructors using certified training in order to increase agency capabilities, and to ensure continuity of specialized enforcement skills and techniques. Table II shows the numbers of Hawaii Police Officers who were trained in advanced reconstruction and other traffic crash related courses from 2011 to 2017. Table II Hawaii Police De artment-Traiined Officers 2014-201$ Year 2014 2015 2016 2017 2018 Trained 6 5 4 8 5 Officers 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 specific item, be realistic with a reasonable probability of achievement, and be related to a specific timeframe(a "by"date). Please notate baseline from which the reductionlincrease will result. Hawaii Police Department's goal is to increase the number of officers trained in advanced traffic accident reconstruction and other traffic crash related courses. HPD will conduct at least one IPTM course within Hawaii County in order to training a greater number of officers with the available funds. GRANT OBJECTI ES Objectives are tasks or activities conducted in order to accomplish the grant goal(s) (e.g.,develop permanentfitting 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 timeframe(a "by"date). Please notate baseline from which the reductionlincrease will result. Hawaii Police Department(HPD) will send officers to the following classes: SCHEDULE B Exhibit Page 1 Detailed Budget Estimate Grant Na: PT20-01 (02-H-01) COST CATEGORY COST ESTIMATES A. Personnel Casts Employee Salaries and Benefits Position Title(s) and Full-Time/Part-Time Yearly Salary: Fringe Benefit Rate: % Time to be spent on project: hours Position Title(s)and Overtime Hourly Rate(s): Fringe Benefit Rate: % Time to be spent on project: hours B. Travel Expenses Event/Conference: Advanced Traffic Crash Courses&other Crash Courses Number of Travelers: seven(7) Air Travel: To: Oahu,Honolulu From: Hilo,Kailua-Kona,Hawaii Seven(7)officers to attend eight(8)weeks of training on Oahu.Total 48 days/40 nights. Airfare(7)officers x$254.04(round trip)x(8)weeks(1 $14,444.04 roundtrip/week)—$14,000.00 Surface Travel: Shuttle/Taxi Car Rental($l50/day,48 total days,fuel,taxes,etc.)x 2 vehicl $14,400.04 Private Car: ( miles @ per mile) Hotel Parking Expenses: Vehicle parking($30/night,40 total nights)x 2 vehicles $2,400.00 SCHEDULE B Exhibit III Page 2 Detailed Budget Estimate Grant No: PT20-01 (02-H-01) COST CATEGORY COST ESTIMATES Excess Lodging: 40 days @$150 per day x(7)officers $42,000.00 Per Diem: 48 days @$90 per day x(7)officers $30,240.00 Baggage Fee: $50 per trip x 1 bag x 8 round trips x(7)officers $2,800.00 Tuition,Course,Registration and Miscellaneous Fees: Individual cost: x No.of attendees: Sub.TotaI. $105i840:00 Cate o ' Sub..Tata1 . .;'. ; `'$105 840:00 C. Contractual/Consultant Services Cat o :Sub TotaI.> § ; 4 rz.Y { 50.00 D. Equipment 50.00 E. Other Direct Costs Cate`o ' .Sub Total ' X0.00 GRANT TOTAL $105,840.00 SCHEDULE B-I Exhibit III Grant No: PT20-01 (02-H-01) BUDGET NARRATIVE PAGE#1 of I Personnel Costs HPD will send seven officers to attend four different Institute of Police Technology and Management(IPTM) courses.-The training could be held within any of the four counties in the state of Hawaii. Travel ExDenses Travel funds will be used for staff for travel expenses to attend(IPTM)Traffic Crash Investigation courses. All IPTM courses will be held at a facility away from the airport,hotel and rental vehicles will be needed for t duration of the training. Contractual/Consultant Services Equiument Other Direct Costs 4 I i 3 4 ui EXHIBIT N SCHEDULE C SCHEDULE C Exhibit IV Grant No: PT20-01 (02-H-01) YRLESTONES PAGE#I Mouth Activity October 2019-December 31, 2019 Seven (7) HPD officers will attend a two week IPTM course in Hawaii County. January 2020-March 2020 Seven (7) HPD officers will attend a two week IPTM course on Oahu. April 2020-June 2020 Seven (7) HPD officers will attend a two week IPTM course on Oahu. July 2020-September 2020 Seven (7) HPD officers will attend a one-week IPTM course on Oahu. I 3 E -X-HIBIT V SCHEDULE D SCHEDULE D Exhibit V AGREEMENT OF UNDERSTANDING&COMPLIANCE Grant No: PT20-01 (02-H-01) 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: 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 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 fiamishings 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 i 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, 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 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 ftuther 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 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. 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 Iower 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. M.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 Il(2)of this application. i1 I E S State of California–Office of Traffic Safety GRANT AGREEMENT Exhibit A I CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C.CHAPTER 4 AND SEC.1906 Pus.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 j CFR§18.12, i 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, j policies and laws in effect with respect to the periods for which it receives grant funding.Applicable provisions include, but are not limited to,the following: • 23 U.S.C.Chapter 4—Highway Safety Act of 1966,as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1300—Uniform Procedures 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 C 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 I975,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 11 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 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/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 contractlagreement 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) i i The state will comply with provisions of the Hatch Act(5 U.S.C. 150 1-1508),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) i 'I Certification for Contracts,Grants,Loans,and Cooperative Agreements i 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 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 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://y%,ww.sam. 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{httos:thvww.saMXoy1). 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) 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."