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HomeMy WebLinkAboutState of California - Office of Traffic Safety - 2020-10-01 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS21006 1. GRANT TITLE Pedestrian and Bicycle Safety Program 2. NAME OF AGENCY 3. Grant Period Huntington Beach From: 10/01/2020 4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2021 Huntington Beach Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Vision Zero campaigns, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $50,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A— Problem Statement, Goals and Objectives and Method of Procedure • Schedule B— Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A—Certifications and Assurances • Exhibit B*—OTS Grant Program Manual • Exhibit C—Grant Electronic Management System (GEMS)Access *Items shown with an asterisk(*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: Thoby Archer ADDRESS: Robert Handy TITLE: Sergeant Chief of Police EMAIL: tarcher@hbpd.org rhandy@hbpd.org PHONE: (714)374-1610 714-536-5903 ADDRESS: 2000 Main Street 2000 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 r�Gu Jul 29,2020 _ — Aug 5,2020 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Kathy Baldwin ADDRESS: Barbara Rooney Accounting Technician II Director kbaldwin@hbpd.org barbara.rooney@ots.ca.gov (714)536-5935 (916) 509-3030 2000 Main Street 2208 Kausen Drive Suite 300 Huntington Beach, CA 92648 Elk Grove, CA 95758 Jul 29,2020 'r-+ •. :t_ r - Aug 5,2020 (Signature) (Date) (Signature) (Date) 7/13/2020 1:57:08 PM Page 1 of 16 7/13/2020 1:57:08 PM Page 2 of 16 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION NAME: Carolyn Vu DUNS#: 078143948 ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 2000 Main Street CITY: Huntington Beach ZIP+4: 92648-2763 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 402PS-21 20.600 0521-0890-101 2020 2020 BA/20 $50,000.00 AGREEMENT $50,000.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $50,000.00 I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and AGREEMENT purpose of the expenditure stated above. $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE ��rolxn yu Aug 5,2020 $50,000.00 7/13/2020 1:57:08 PM Page 3 of 16 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS21006 Schedule A 1. PROBLEM STATEMENT Huntington Beach is a city with a population of over 200,000. During the summer and tourist months, we attract a transient population of over 500,000. Huntington Beach is host to a number of major special events such as the Surf City Marathon, 1 OK, AVP Volleyball competition, 4th of July Parade and Firework Show, US Open of Surfing (9-day event), weekly Main Street Fair, two-day Jazz Festival, multiple car shows, The Great Pacific Airshow with an attendance estimated in excess of 2 million over the three-day event. In addition, there are plans to add a jet ski competition and other events, which create a draw for pedestrians and cyclists alike. In addition to the events the City of Huntington Beach hosts, there are multiple major concert events held on the state beach throughout the year with attendance in excess of 20,000, such as the Country Coastal Jam, which in the past has featured headliner Tim McGraw. Again, these events attract a significant amount of pedestrians and cyclists. More importantly, all of these events are adjacent to a bike path which runs the length of the beach, and borders Pacific Coast Highway. Every year we have multiple injured pedestrians and bicyclists on Pacific Coast Highway and the bike path. In Huntington Beach, we not only have the average adolescent who rides a bicycle as their only means of transportation, we also have a significant population who elect to ride bicycles to alleviate traffic and parking issues, as well as the recreational cyclists who often choose to incorporate the scenic stretch of Pacific Coast Highway into their rides. During the summer months and specific events, the pathway is congested with pedestrians, bicyclists, skateboards. This causes inherent risks where pedestrians are moving at much slower speed than bicyclists and skateboarders. We continue to be one of the highest ranked cities in bicycle and pedestrian related collisions. Over the past few years we have been in the top two cities for bicycle related collision compared to other cities our size. We have seen a steady increase in the past three years of bicyclists and pedestrians being killed and injured. In 2019, we had 7 pedestrians killed. We currently have a Pedestrian / Bicycle Education grant with OTS, but have only completed the first quarter. We have formed partnerships with our Junior Lifeguard program, to reach multiple underage bicyclists during the summer months. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of pedestrians killed under age 15 in traffic crashes. 6. Reduce the number of pedestrians injured under age 15 in traffic crashes. 7. Reduce the number of pedestrians killed over age 65 in traffic crashes. 8. Reduce the number of pedestrians injured over age 65 in traffic crashes. 9. Reduce the number of bicyclists killed in traffic crashes. 10. Reduce the number of bicyclists injured in traffic crashes. 11. Reduce the number of bicyclists under age 15 killed in traffic crashes. 12. Reduce the number of bicyclists under age 15 injured in traffic crashes. 13. Increase bicycle helmet usage. B. Objectives: Target Number 7/13/2020 1:57:08 PM Page 4 of 16 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate in traffic safety fairs and/or community events with an effort to reach 4 individuals. 3. Work closely with community-based organizations at both the neighborhood and 4 community level with an effort to reach individuals. 4. Participate in the following campaigns, National Walk to School Day, National 3 Bicycle Safety Month and California's Pedestrian Safety Month. 5. Conduct pedestrian and/or bicycle safety presentations at community groups with 4 an effort to reach individuals. 6. Conduct pedestrian and/or bicycle safety classroom presentations with an effort to 12 reach students. 7. Conduct pedestrian and/or bicycle safety courses with an effort to reach community members. 8. Develop a pedestrian and/or bicycle safety program and materials to be adopted 1 as an on-going program in schools with an effort to reach students. 9. Distribute pedestrian safety equipment to children that may include reflective 1 armbands and/or zipper pulls. 10. Distribute bicycle headlights and tail lights during bicycle safety community events 1 or bicycle safety courses. 11. Develop bicycle and pedestrian safety educational materials to be distributed 1 during classroom presentations, workshops, and community events. 12. Participate in Safe Routes to School coalition meetings. 1 13. Conduct community outreach events with an effort to reach adults and senior 1 citizens. 14. Collaborate with health care providers and/or senior citizen centers to promote 1 pedestrian safety. 15. Conduct pedestrian safety presentations with an effort to reach older adults. 1 16. Conduct bicycle rodeos with an effort to reach individuals. 2 17. Distribute and properly fit bicycle helmets at bicycle rodeos, workshops, and 350 community events. 18. Conduct bicycle helmet inspections and make necessary adjustments at schools 4 and community events. 19. Train individuals to be League Certified Instructors. 4 20. Conduct community bicycle rides promoting safe bicycling in the community with 4 an effort to reach bicyclists. 21. Collaborate with law enforcement agencies to increase knowledge and awareness 1 of pedestrian and bicycle safety. 22. Conduct bicycle rodeos with an effort to reach students. 2 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (11t Quarter of Grant Year) • Develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. Media Requirements • Issue a press release announcing the kick-off of the grant by November 15, but no earlier than October 1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases and any related media advisories, alerts, and materials must be emailed for approval to the OTS Public Information Officer at pio(a)-ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. B. Phase 2— Program Operations (Throughout Grant Year) 7/13/2020 1:57:08 PM Page 5 of 16 • Continue regular social media outreach. • Collaborate with community relations officer to identify all requests from community groups to for events. • Identify future educational and equipment needs in order to ensure programs continued success. Media Requirements • Send all grant-related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer(PIO) at pio(a-),ots.ca.gov, with a copy to your OTS Coordinator. The following requirements are for grant-related activities and are different from those regarding any grant kick-off release or announcement. • If an OTS-supplied, template-based press release is used, there is no need for pre-approval, however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS-supplied template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release distribution date, but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time-valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre-publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pioo_ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant-related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio(a-)-ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Space permitting, include the OTS logo, on grant-funded print materials; consult your OTS Coordinator for specifics and format-appropriate logos. • Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from any of the above require ents might be contemplated. C. Phase 3— Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 7/13/2020 1:57:08 PM Page 6 of 16 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS21006 Schedule B FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT NUnnBER(CFDA)... � .,. .. ; 402PS-21 20.600 State and Community Highway $50,000.00 Safety (COST CATEGORY " FUND UNIT COST OR UNITS TOTAL COST TO . NUMBER RATE r GRANT, A. PERSONNEL COSTS Positions and Salaries Straight Time $0.00 Overtime Education Overtime 402PS-21 $92.00 282 $25,944.00 Category Sub-Total $25,944.00 B. TRAVEL EXPENSES In State Travel 402PS-21 $4,500.00 1 $4,500.00 $0.00 Category Sub-Total $4,500.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS Bicycle Helmets 402PS-21 $10.00 350 $3,500.00 Educational Materials 402PS-21 $6,000.00 1 $6,000.00 Pedestrian Safety Equipment 402PS-21 $5,500.00 1 $5,500.00 Bicycle Safety Equipment 402PS-21 $4,556.00 1 $4,556.00 Category Sub-Total $19,556.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $50,000.00 7/13/2020 1:57:08 PM Page 7 of 16 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS21006 Schedule B-1 5` BUDGET NARRATIVE PERSONNEL COSTS Education Overtime - Overtime hours for officers conducting objective related work hours. $92.00 x 282 hours= $25,944 Traffic Safety - $7,728.00 Pedestrian / Bicycle Safety Presentation-s $4,416 Classroom Presentations- $1,656 Community Outreach Events- $1,472 Pedestrian Safety Presentations to Seniors- $368 Community Bicycle Rides- $2,944 Bike Rodeos- $7,360 TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include cost of LCI training. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES EQUIPMENT OTHER DIRECT COSTS Bicycle Helmets - Helmets to be distributed during bicycle rodeos and other bicycle safety related events. Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. Pedestrian Safety Equipment - Such as reflective armbands, tape and/or zipper pulls to distribute at training and safety events to increase safety and visibility. Additional items may be purchased if approved by OTS. Bicycle Safety Equipment - Safety equipment such as bicycle headlights/taillights, reflectors, and reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related events. Additional items may be purchased if approved by OTS. INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. 7/13/2020 1:57:08 PM Page 8 of 16 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS21006 Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59,AS AMENDED) Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place State in a high-risk grantee status in accordance with 49 CFR 18.12. The Officials named on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include but are not limited to the following: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4— Highway Safety Act of 1966, as amended • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 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 ("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 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). 7/13/2020 1:57:08 PM Page 9 of 16 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 contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 7/13/2020 1:57:08 PM Page 10 of 16 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (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. 7/13/2020 1:57:08 PM Page 11 of 16 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.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 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 7/13/2020 1:57:08 PM Page 12 of 16 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 7/13/2020 1:57:08 PM Page 13 of 16 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. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 7/13/2020 1:57:08 PM Page 14 of 16 State of California—Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access PS21006 Exhibit C INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (APRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. „. GRANT DETAILS _ Grant Number: PS21006 Agency Name: Huntington Beach Police Department Grant Title: Pedestrian and Bicycle Safety Program Agreement Total: $50,000.00 Authorizing Official: Robert Handy Fiscal Official: Kathy Baldwin Grant Director: Thoby Archer CURRENT GEMS USERS) 1. Thoby Archer Title: Sergeant Media Contact: Yes Phone: (714) 374-1610 Email: tarcher@hbpd.org 2. Kathy Baldwin Title: Accounting Technician II Media Contact: No Phone: (714) 536-5935 Email: kbaldwin@hbpd.org 7/13/2020 1:57:08 PM Page 15 of 16 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes ❑ No[:] Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 2 Add as a media contact? Yes❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 3 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 4 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access❑ Name Job Title Email address Phone number GEMS User 5 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number Form completed by: �¢ ; ��?? ,. Date: Jul 29,2020 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user 4:64 237777 Thoby Archer Signature Name Jul 29,2020 Grant Director Date Title 7/13/2020 1:57:08 PM Page 16 of 16 Grant Final Audit Report 2020-08-05 Created;' 2020 07 13 By: Jim Owens(Jim.owens@ots.ca.gov)- Status: Signed Transaction ID: CBJCHBCAABAAg2MAX390XMalLespPxllmxfTyg6pDlld "Grant Agreement - PS21006" History Document created by Jim Owens (Jim.owens@ots.ca.gov) 2020-07-13-8:57:20 PM GMT-IP address:96.43.153.8 Document emailed to Thoby Archer(tarcher@hbpd.org)for signature 2020-07-13-8:57:26 PM GMT 15 Email viewed by Thoby Archer(tarcher@hbpd.org) 2020-07-13-9:09:49 PM GMT-IP address:192.5.222.3 fj Email viewed by Thoby Archer(tarcher@hbpd.org) 2020-07-20-10:03:17 PM GMT-IP address:166.137.163.58 Email viewed by Thoby Archer(tarcher@hbpd.org) 2020-07-29-4:22:21 PM GMT-IP address:192.5.222.2 Document e-signed by Thoby Archer(tarcher@hbpd.org) Signature Date:2020-07-29-4:23:03 PM GMT-Time Source:server-IP address: 192.5.222.2 Document emailed to Thoby Archer(tarcher@hbpd.org)for signature 2020-07-29-4:23:04 PM GMT Email viewed by Thoby Archer(tarcher@hbpd.org) 2020-07-29-4:23:26 PM GMT-IP address: 192.5.222.2 Document e-signed by Thoby Archer(tarcher@hbpd.org) Signature Date:2020-07-29-4:23:55 PM GMT-Time Source:server-IP address:192.5.222.2 Document emailed to Kathy Baldwin (kbaldwin@hbpd.org)for signature 2020-07-29-4:23:57 PM GMT Email viewed by Kathy Baldwin (kbaldwin@hbpd.org) 2020-07-29-5:31:13 PM GMT-IP address:192.5.222.2 a TRAMS Adobe Sip SAFETY Document e-signed by Kathy Baldwin (kbaldwin@hbpd.org) Signature Date:2020-07-29-5:52:31 PM GMT-Time Source:server-IP address: 192.5.222.2 ` Document emailed to Robert Handy(rhandy@hbpd.org)for signature 2020-07-29-5:52:33 PM GMT Email viewed by Robert Handy (rhandy@hbpd.org) 2020-08-05-6:03:52 PM GMT-IP address:192.5.222.3 a Document e-signed by Robert Handy(rhandy@hbpd.org) Signature Date:2020-08-05-6:06:13 PM GMT-Time Source:server-IP address: 192.5.222.3 Document emailed to Carolyn Vu (carolyn.vu@ots.ca.gov)for signature 2020-08-05-6:06:15 PM GMT Email viewed by Carolyn Vu (carolyn.vu@ots.ca.gov) 2020-08-05-6:10:15 PM GMT-IP address: 104.47.65.254 10 Document e-signed by Carolyn Vu (carolyn.vu@ots.ca.gov) Signature Date:2020-08-05-6:10:32 PM GMT-Time Source:server-IP address:76.20.59.121 Document emailed to Barbara Rooney (barbara.rooney@ots.ca.gov)for signature 2020-08-05-6:10:34 PM GMT Email viewed by Barbara Rooney (barbara.rooney@ots.ca.gov) 2020-08-05-11:58:37 PM GMT-IP address: 104.47.65.254 Document e-signed by Barbara Rooney(barbara.rooney@ots.ca.gov) Signature Date:2020-08-05-11:59:23 PM GMT-Time Source:server-IP address: 174.194.195.207 Signed document emailed to Thoby Archer(tarcher@hbpd.org), Barbara Rooney(barbara.rooney@ots.ca.gov), Robert Handy (rhandy@hbpd.org), Carolyn Vu (carolyn.vu@ots.ca.gov), and 3 more 2020-08-05-11:59:23 PM GMT CM fUiHe Adobe Sign SAFETY