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CC - 3E - Resolution 2002-50 Authorizing The City Manager, Finance Director And Or The City Engineer To Execute All Agreements Necessary To Receive Funding For, And/Or Implement Traffic Safety Projectq7 TO: HONORABLE MAYOR AND MEMBERS ROSEM CITY COUNCIL FROM: BILL CR E, CITY MANAGER DATE: OCTOBER 15, 2002 RE: RESOLUTION NO. 2002-50 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING THE CITY MANAGER, FINANCE DIRECTOR AND/OR THE CITY ENGINEER TO EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE FUNDING FOR, AND/OR IMPLEMENT TRAFFIC SAFETY PROJECTS In January 2002, staff submitted a concept paper and budget to the State of California Office of Traffic Safety (OTS), requesting grant funding for the installation of a GIS-based Automated Collision/Citation Analysis and Tracking System. The Office of Traffic Safety approved the City's request, and will be providing a grant in the amount of $31,000 for the project. This resolution authorizes staff to execute the appropriate agreements to receive the funding. Collision statistics are currently compiled manually using the SWITRS reports that come to the City quarterly, with accident information that is up to 9 months old: The SWITRS information is compiled from Traffic Collision Reports completed by Sheriff deputies responding to accident scenes. The Sheriffs Department currently utilizes an analysis and tracking system. Installation of the proposed GIS-based Automated Collision/Citation Analysis and Tracking System by the City will allow the City to utilize and exchange data with the Sheriffs system on a near real time basis. Accurate and timely information is critical for engineering/enforcement studies and project budgeting. Selective enforcement programs, design of improvements and upgrade of substandard traffic control devices are difficult to justify and support without a comprehensive collision information and retrieval system. The GIS-based Automated Collision/Citation Analysis and Tracking System will provide the tool to develop accident reduction programs without consuming excessive staff time. COUNCIL O C T 2 2 2002 ITEM NO-!K ~ October 15, 2002 Page 2 The grant funds will provide for: 1) Cost of a software consultant providing licensing for proprietary GIS collision analysis software; 2) Providing a GIS map or adapting the Sheriffs Department's GIS map to the collision software; 3) Electronically "reading" a minimum of five years of SWITRS and Sheriffs Department's collision records; 4) Debugging discrepancies from collision records input; 5) Inputting the most recent 24-hour traffic count information into the system; 6) License for one ArcView GIS software; and, 7) Training for City staff on use of the collision software. Attached is a copy of the OTS Project Agreement for you reference. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2002-50. RESOLUTION NO. 2002-50' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING THE CITY MANAGER, FINANCE. DIRECTOR AND/OR THE CITY ENGINEER TO EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE FUNDING FOR, AND/OR IMPLEMENT TRAFFIC SAFETY PROJECTS WHEREAS, the City of Rosemead desires to undertake and successfully implement traffic safety projects designed to lowerthe deaths, injuries and property damage which result from traffic crashes; and WHEREAS, collision statistics are currently complied directly from collision reports available from the Sheriffs Department and from the Statewide Integrated Traffic Record System (SW ITRS) reports that come to the City quarterly from the California Highway Patrol and this information is not entered into any computerized system; and WHEREAS, the City of Rosemead was selected to receive a grant from the State of California Office of Traffic Safety to create a GIS-based Automated Collision/Citation Analysis and Tracking System that will be used in support of programs that will be used to reduce the frequency and severity of traffic collisions throughout the City; NOW THEREFORE', BE IT RESOLVED, that the City Council authorizes the City Manager, Finance Director and/orthe City Engineer to execute all agreements necessary to receive funding for, and/or implement traffic safety projects. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead on this 22nd day of October 2002. MAYOR ATTEST: CITY CLERK ~ 14ti~,k1,001, rState of California PROJECT NUMBER Business, Transportation & Housing Agency - , OFFICE OF TRAFFIC SAFETY RS0313 PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE GIS Based Automated Collision/Citation Analysis and Tracking System 2. NAME OF APPLICANT AGENCY 4. PROJECT PERIOD City of Rosemead Month - Day - Year From: 10/1/02 To: 12/31/03 3. AGENCY UNIT TO HANDLE PROJECT Department of Public Works PROJECT DESCRIPTION (Summarize the project plan covering the objectives, method of procedures, evaluation, and end product in approximately 100 words. Space is limited to 7 lines.)The primary goal of this project will be to create an effective easily maintained GIS based Automated Collision/Citation Analysis and Tracking System that will be used in support of programs that reduce the frequency and severity of traffic collisions throughout the City. The system will provide the City's transportation engineers and department managers with timely and accurate information upon which to base engineering and other traffic related safety decisions. The objectives include the following: 1. Identify and purchase computer hardware sufficient to operate the proposed database system. 2. Identify 5 critical intersections and 3 critical segments where collisions exceed established definitions of a high collision rate. 3. Create the ability to generate daily, weekly, monthly and annual reports and traffic safety statistics. 4. Train staff members in the use and maintenance of the new computerized system. 5. Establish regular meetings between Public Works/Traffic Engineering and Sheriff Department to coordinate and discuss data management issues and traffic safety strategies associated with the Project. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED $31,000.00 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR B. AUTHORIZING OFFICAL OF APPLICANT AGENCY NAME: KEN RUKAVINA PHONE: (626) 569-2151 NAME: BILL CROWE PHONE: (626) 569-2101 TITLE: CITY ENGINEER - TITLE: CITY MANAGER ADDRESS: ADDRESS: " 8838 E. VALLEY BOULEVARD 8838 E. VALLEY BOULEVARD - ROSEMEAD, CA 91770 ROSEMEAD, CA 91770 - (Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: KAREN OGAWA PHONE: (626) 569-2121 NAME: CITY OF ROSEMEAD TITLE: CHIEF FINANCIAL OFFICER ADDRESS: 8838 E. VALLEY BOULEVARD, ROSEMEAD, CA ADDRESS: 91770 8838 E. VALLEY BOULEVARD - ROSEMEAD, CA 91770 (Signature) (Date) SCHEDULE A PROJECT No: RS0313 PROJECT DESCRIPTION PAGE 1 Background A. General Characteristics - The City of Rosemead is a suburban community in the San Gabriel Valley in Southern California. The City has a population of approximately 54,800 residents within its 5.5 square miles. There are approximately 75 street miles serving the City with approximately 43 miles being local streets. The largest concentration of employment occurs in the southern area of the City and includes The Edison Company and Countrywide Home Loans. Though not directly within the City, the Montebello Towncenter is a major shopping mall whose traffic affects the City of Rosemead. 1~-' B. Streets and Highways - The City has approximately 75 miles of streets within its city boundaries. This includes 2 miles of State Highway (Route 164), 13 miles of major highways/arterials, 17 miles of secondary/collectors and 43 miles of local streets. There are two freeways serving the City of Rosemead. The I-10 San Bernardino Freeway bisects the City to create northerly and southerly areas. State Route 60 Pomona Freeway crosses the southerly end of the City. C. Operating Departments - The Public Works Department is responsible for the construction and maintenance of all public infrastructures in the City. The Traffic Engineering section falls within this department and is responsible for the installation and maintenance of all traffic control devices, signs, traffic signals, traffic safety analysis and improvements. The Los Angeles County Sheriffs Department has assigned specific officers to the City of Rosemead. These officers are responsible for the enforcement of traffic laws and respond to traffic collisions within the City. Currently, traffic collision data (SWITRS) is received through the State, based on collision data submitted by the Sheriffs Department to the California Highway Patrol (CHP). 1\ D. Existing Systems - The Public Works Department does not have an automated collision database system. The Traffic Engineering section maintains five complete years of SWITRS records and the most recent year's partial SWITRS records. The Sheriffs Department submits traffic collision data to the CHP who then produces the S WITRS records. There are no collision summaries prepared by the Traffic Engineering section due to the manner in which SWITRS data is presented and the fact that this data is usually received 6 to 9 months after the collisions have occurred. Problem Statement The City of Rosemead has experienced a steady increase in traffic and higher levels of congestion and growth in population of 2.3% since 1997. In general, the number of collisions occurring in the City has risen. The City does not have an automated traffic records system that can be used for pinpointing and analyzing high collision locations and correlating these statistics to enforcement activities, traffic controls or needed traffic safety improvements. The Traffic Engineering section staff must compile information by labor-intensive methods because of the limitations of current resources. OTS-38A (Rev 5/98) SCHEDULE A PRaECTNo: RS0313 PROJECT DESCRIPTION PACE 2 Collision statistics are currently compiled manually using the SWITRS reports that come to the City quarterly from the California Highway Patrol (CHP). Receipt of this information, though helpful, usually occurs 6 to 9 months after the collisions have been reported. This delay in information limits the effectiveness of the information. It is very labor intensive and time consuming to obtain even the most bas ic collision summaries. Information that would be highly desirable, but can seldom be assembled, includes lists of high collision locations, DUI collisions, bicycle and pedestrian concentrations by location and prevailing collision patterns at intersections and midblock locations. Additionally, due to limited personnel, collision diagrams are prepared infrequently. Table 1 provides a summary of collision data for 2001 from the SWITRS reports. This very generalized collision information shows the total number of collisions reported in the City. It is based on "Motor Vehicle Involved With". Table 1 City of Rosemead 2001 SWITRS Motor Vehicle Involved With Total Count Fatal Injury Property Dama a Onl on-collision 1 0 1 0 Pedestrian 23 2 21 0 Other Motor Vehicle 422 0 136 286 Motor Vehicle on Other Roadway 3 0 0 3 Parked Motor Vehicle 46 0 8 38 Bicycle 28 0 25 3 Fixed Object 26 0 7 19 Other Object 5 0 1 4 Tota 554 2 199 353 Total Severe Other Visible Complaint Victim T e Count Fatal Injury In'u of Pain on-collision 1 0 0 0 1 Pedestrian 27 2 5 6 14 Other Motor Vehicle 212 0 3 23 186 OTS-38A (Rev 5/98) SCHEDULE A PROJECTNO: RS0313 PROJECT DESCRIPTION PACE 3 Table 1 (continued) City of Rosemead 2001 SWITRS Total Severe Other Visible Com laint ictim Type Count Fatal Injury Injury of Pain Motor Vehicle on Other Roadway 0 0 0 0 0 Parked Motor Vehicle 11 0 0 3 8 Bicycle 25 0 1 7 17 Fixed Object 11 0 1 4 6 Other Object 2 0 0 1 1 Tota 289 2 10 44 233 The information in Table 1, though detailed, is not often helpful. SWITRS data does not provide a breakdown of intersections with the number of collisions occurring at each location. Traffic Engineering staff does not have the ability or budget to be proactive in this regards and thus the top ten collision intersections are unknown. Accurate and timely information is critical for engineering/enforcement studies and project budgeting. Selective enforcement programs, design of improvements and upgrade of substandard traffic control devices are difficult to justify and support without a comprehensive collision information and retrieval system. While staff time is limited to manually assemble, evaluate and maintain the basic information on high collision locations, a database tied to the City's GIS system would provide the tool to develop collision reduction programs without consuming excessive amounts of time. Attempts to Solve the Problem The City of Rosemead has attempted to address this problem using the following: 1. Traffic Engineering section analyzes individual intersection or midblock collision locations in response to requests or complaints. 2. Sheriff's Department deploys a radar speed trailer to educate motorists on maintaining proper speeds. 3. Sheriff's Department continues selective enforcement throughout the City. These have been generally successful but are "reactive" instead of "pro-active". Analysis of collision locations is only done in response to requests or complaints. This is due to the limited time and resources to effectively identify high collision locations on a regular basis. Project Objectives 1. To create an effective easily maintained GIS based Automated Collision/Citation Analysis and Tracking System by September 30, 2003 OTS-38A (Rev 5/98) SCHEDULE A PROJECTNO: RS0313 PROJECT DESCRIPTION PAGE 4 2. To use this system in support of programs that reduce the frequency and severity of traffic collisions throughout the City by September 30, 2003 3. To ensure timely and accurate information upon which to base engineering, enforcement and other traffic related safety decisions by September 30, 2003 4. To provide a comprehensive electronic traffic records system including hardware and software, for the Public Works/Traffic Engineering department by July 31, 2003. 5. To implement a software application to provide the means of producing a current report identifying the number and severity of collisions occurring at 5 critical locations by July 31, 2003. 6. To identify 5 critical intersections and 3 critical street segments where collisions exceed established definitions of a high collision by and September 30, 2003. 7. To implement software with the ability to correlate collisions with components such as roadway design, signal timing, visibility, traffic volumes, and other relevant factors not within the control of the drivers by July 31, 2003. 8. To provide the ability to generate daily, weekly, monthly or annual activity reports by July 31, 2003. Reports must be customizable and contain data relevant to traffic enforcement and/or traffic engineering activities. 9. To provide a software application with the means of producing current reports ranking collision locations by number and primary collision factor (PCF) by July 31, 2003. 10. To enable the secure and confidential exchange of data with the Los Angeles County Sheriff's Department and the City of Rosemead by September 30, 2003. 11. To ensure that the network system includes a relational database management system (RDMS) for storing and processing data for the following: a. Collision - Files containing all fields included in the current collision report (CHP Form 555). b. Roadway Location File - To develop a street centerline city GIS map of 75 miles of streets including the geographical coordinates of each identifiable node and the ability to provide data to an automated mapping application. The developed system must also provide for data output in the form of drawing or plotting software. c. Operational Characteristics - A computer application providing the ability to track average daily traffic volumes, peak hour volumes, turning movements, speed limits and actual speeds. It may include descriptors of adjacent lane use and environmental conditions affecting traffic. 12. To establish regular meetings between the Sheriff's Department and the Public Works/Traffic Engineering Department to share the collected traffic related data by September 30, 2003. 13. To reduce the time that it takes to identify high collision locations, produce special and statistical analyses, and collision research by 50% from the 2000 base year of two hours to one hour by September 30, 2003. The corresponding salary savings are to be tracked and reported. 14. To train 3 staff members in the usage and maintenance of the finalized version of the system software by September 30, 2003. 15. To email all press releases or media advisories, alerts, and material to the OTS Public Information Officer at piogots.ca.gov and OTS Regional Coordinator for approval prior to their release. 16. To use the following standard language in all press and media materials: "Funding for this program was provided by a grant from the California Office of Traffic Safety." OTS-38A (Rev 5/98) SCHEDULE A PROJECTNo: RS0313 PROJECT DESCRIPTION PAGE 5 17. To submit print clip articles by 9 a.m. to the OTS Public Information Officer by email at pio@ots.ca.gov and OTS Regional Coordinator, or via fax at (916) 262-2960. Include publication name and date the article was published on all clips. Proiect Goal The goal of a roadway safety project is to identify, develop and support programs that will enhance the systems and the staff expertise to enable agencies to improve efficiency and accuracy of its identification, analysis and subsequent mitigation of critical collision locations. Method of Procedure Phase 1 - Program Preparation and Consultant Selection (October 2002 to December 2002) 1. Determine the specific project, system and equipment requirements and prepare a request for proposals. 2. Evaluate consultant proposals based on their qualifications, past experience and ability to perform the identified tasks for a reasonable fee. 3. Prepare the City's GIS system to accept new system software. Note: This initial Phase may change depending on consultation with City Attorney on consultant selection for this specific project. Phase 2 - System Implementation (January 2003 to June 2003) 1. Purchase and install necessary computer equipment and load software in Public Works Department. 2. Refine software and import five years of collision data into GIS collision program. Phase 3 - Traffic Safety Analysis (January 2003 to September 2003) 1. Process collision data to identify 5 critical intersections and 3 critical street segments. 2. Produce activity reports, generate collision diagrams and plot electronic "pin" maps. 3. Establish regular meetings with the Sheriff's Department and the Public Works Department. 4. Establish a secure and confidential process to exchange data with the Sheriff's Department. Phase 4 - Trainine (June 2003 to September 2003) • Train 3 staff members on the use, maintenance and procedures of the system. Phase 5 - Data Gathering and Analysis (August 2003 to September 2003) • Statistical data relating to the project goals and objectives will be collected, analyzed and incorporated in Quarterly Reports. Phase 6 - Final Report and Executive Summary (October 2003) • Begin the Final Report and Executive Summary in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7. Both will be submitted to OTS within 60 days following the termination date of the project. OTS•38A (Rev 5/98) SCHEDULE A PROJECTNo: RS0313 PROJECT DESCRIPTION PAGE 6 Method of Evaluation Using the data compiled, the project manager will evaluate:. 1. How well the stated project goals and objectives were accomplished; 2. If all the activities outlined in the Method of Procedures were performed in accordance with the Grant Agreement; and 3. If the project was cost effective. Statement of Intent It is the intent of the City of Rosemead to continue to use, develop and maintain the GIS based Automated Collision/Citation Analysis and Tracking System. The City further intends to generate collision records and diagrams in support of traffic safety improvements. All these measures will be accomplished at the City's expense after the expiration date of this program. OTS-38A (Rev 5/98) SCHEDULE A-1 Project No: RS0313 Project Description ADMINISTRATIVE SUPPORT STATEMENT -Explain what type of priority this project has in your jurisdiction. This project is fully supported by the City of Rosemead's Administrative Department, Public Works/Traffic Engineering Department and enforcement personnel (Los Angeles County Sheriffs Department - Temple Station). The Public Works/Traffic Engineering Department will be the primary users of the GIS based Automated Collision/Citation Analysis and Tracking System. The Los Angeles County Sheriffs Department has stated their support of this project in the attached letter. The project is supported by the City Council by Resolution Number The City of Rosemead has allocated the funds shown below in support of the project. AGENCY CONTRIBUTION - Explain what services or funds are being contributed by your agency in support of this project. The City of Rosemead will provide all salaries, overhead and benefits for the city staff involved in this project. The one year contribution is estimated as follows: Contributed Item % FY-1 City Engineer 5% $ 2,200.00 Traffic Engineering Deputy 15% $ 7,800.00 Sheriff s Department 5% $ 4,100.00 Subtotal $ 14,100.00 Benefits (26%) $ 3,666.00 Administrative Support $ 1,000.00 Total Agency Contribution 18 76 . OTS-38A-1 (Rev 5198) SCHEDULE B PAGE I Detailed Budget Estimate PROJECTNo. RS 0313 COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO PROJECT A. PERSONNEL COSTS FY-1 10/1/02 9/30/03 FY-2 10/1/03 12/31/03 FY-3 FY-4 Positions and Salaries No Personnel Costs $0.00 $0.00 $0.00 Employee Benefits Category Sub-Total $0.00 $0.00 $0.00 B. Travel Expense OTS approved conferences $1,800.00 $0.00 $1,800.00 Category Sub-Total $1,800.00 $0.00 $1,800.00 C. Contractual Services Software Consultant - System Im lemenation $14,500.00 $9,200.00 $23,700.00 Category Sub-Total $14,500.00 $9,200.00 $23,700.00 OTS-38d (Rev 5/98) SCHEDULEB PAGE 2 Detailed Budget Estimate PROJECT No. RS0313 COST CATEGORY F FISCAL YEAR ESTIMATES TOTAL COST TO PROJECT D. NON-EXPENDABLE PROPERTY FY-I 10/1/02 9/30/03 FY-2 10/1/03 12/31/03 FY-3 FY-4 None $0.00 $0.00 $0.00 Category Sub-Total $0.00 $0.00 $0.00 E. OTHER DIRECT COST Computer $3,300.00 $0.00 $3,300.00 Printer/Plotter $2,200.00 $0.00 $2,200.00 Category Sub-Total $5,500.00 $0.00 $5,500.00 F. INDIRECT COSTS None $0.00 $0.00 $0.00 Category Sub-Total $0.00 $0.00 $0.00 Project Total $31,000.00 OTS-38e (Rev 5/98) SCHEDULE B-I PROJECTNo: RS0313 BUDGET NARRATIVE PAGE 1 Personnel Costs There are no personnel costs associated with this grant request. Travel Expenses This expense will be incurred for participation in OTS approved conferences such as the National Traffic Records Forum. Contractual Services This item covers the following: 1. Cost of a software consultant providing licensing for proprietary GIS collision analysis software; 2. Providing a GIS map or adapting the Sheriff Department's GIS map to the collision software; 3. Electronically "reading" a minimum of five years of SWITRS and Sheriff Department's collision records; 4. Debugging discrepancies from collision records input; 5. Inputting the most recent twenty-four hour traffic count information into the system; 6. License for one ArcView GIS software; and 7. Training of City staff on use of collision software. Non-expendable Property There are no non-expendable property costs associated with this grant request. Other Direct Costs This item covers the following: 1. One IBM compatible computer workstation with monitor and peripherals to input, edit, store and retrieve collision data, execute collision software and print reports; and 2. One large format color printer. Costs include tax, shipping and handling. Indirect Costs There are no indirect costs associated with this grant request. Program Income There will be no program income generated as a result of this project. OTS-38B-1 (Rev 5/98) STATE OF CALIFORNIA / OFFICE OF TRAFFIC SAFETY ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS OTS-33 (Rev. 5/21/01) Terms, Conditions, and Certifications Specific to the Agreement Between the Office of Traffic Safety and thelApplicant Agency PROJECT NUMBER of Rosemead The following are included herein and constitute a part of this RS0313 OTS-38 -Page I Schedule B-1 -Budget Narrative Schedule A - Project Description Schedule C = Quarterly Evaluation Data (when required) Schedule A-I - Administrative Support OTS-33 - Terms, Conditions, and Statement Certification's Specific to the Agreement Between OTS and the Applicant Agency Schedule B - Detailed Budget Estimate General Terms, Conditions, and Certifications Rev. 4/01)*, *See OTS Grant Program Manual, Volume II, Chapter 6. Volume II is available on-line at www.ots.ca.gov. TERMS AND CONDITIONS It is understood and agreed by the Project Director and Authorizing Official that any grant received as a result of this Agreement is subject to all federal and state regulations governing grants and to those controls expressed in the California Traffic Grant Program Manuals which include, but are not limited to: 1. Quarterly Performance Reports and Reimbursement Claims must be submitted by the Project Director to the Office of Traffic Safety by January 31, April 30, July 31, and October 31, during each year of project operation, 2. OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a grantee fails to comply with any term or condition of the grant contract or program guidelines (Volume II, Chapter 3.9); This may include, but is not limited to, the following: I • Failure to submit acceptable and timely reimbursement claims. • Failure to submit acceptable and timely quarterly performance reports; and • Failure to submit an acceptable and timely Schedule C (Quarterly Evaluation Data OTS-38g). (Applies only when a Schedule C has been required.) I 3. If, during the term of the grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the grant award upon written notice to the project director. I 4. By October 31, "continuing" projects must submit a September 30 claim and a written justification to support carrying forward prior year unexpended funds. September 30 claims and written justifications, supporting the carrying forward of prior year unexpended funds, submitted after November 30, will not be processed. Theiprior claim (i.e., June 30) will be considered the year-end claim in order to close out the fe September 30. In addition, prior year unexpended funds new projects. 5. I fiscal year ending be deobligated and allocated to All documentation required to request a project revision (i.e., time extensions, budget category changes, and etc.) must be submitted to OTS prior to the effective date of change(s). For example: OTS will not consider a request for a grant period time extension unless all necessary paperwork is submitted prior to the existing grant termination date. Prior approval is required for all project revisions (Volume II, Chapter 18). 6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 7. Additional terms and conditions identified in the OTS Grant Program Manual, Volume II, Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-13), are incorporated herein by reference and made a part of this document. I We, the officials named below, hereby swear that we are duly authorized legally, to bind the contractor or grant recipient to the above described terms and conditions. Executed on the date and in the county below, and is made under penalty of pedury;under the laws of the State of California. I PROJECT DI ECFOR's NAME Ken Rukavina DATE EXECUTED EXECUTED IN THE COUNTY OF Los Angeles PROJECT DIRECTOR'S SIGNATURE City Engineer AUTHORIZING OFFICIAL'S NAME Bill Crowe DATE EXECUTED I EXECUTED IN THE COUNTY OF Los Aneel6s AUTHORIZING OFFICIAL'S -2- I EXHIBIT 6-B (Rev. 4/01) Page I of 18 Pages General Terms, Conditions, and G ifications These terms and conditions, when applicable, are to be incorporated by reference and made a part of, but not necessarily limited to, the following documents) grants, subgrants, contracts, subcontracts, interagency agreements, invitations for bid, and requests for proposal for goods or services for which Office of Traffic Safety grant funding reimbursement is requested. 1. Amendment. No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC800) 2. Antitrust claims. The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Code sections set out below. i a. The Government Code chapter on antitrust claims contaIins the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions'or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. I 2). "Public purchasing body" means the state or the subdivision or agency making a public purchase. (Reference: GC Section 4550) b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all lights, title, and interest in and to all causes of action it my have under Section 4 of the Clayton Act (15 USC 15 [Title 15 Commerce and Trade, Chapter 1, Monopolies and Combinations in Restraint of Trade, Section 15, Suits by Persons Injured]) or under the Cartwright Act (Chapter2 ) commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (Reference: GC Section 4552) I C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action as under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not i EXHIBIT 6-B (Rev. 4/01) Page 2 of 18 Pages i paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (Reference: GC Section 4553) d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which' the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (Reference: GC Section ,4554) i 3. Approval. This agreement is of no force or effect until signed by both parties and approved by the Office of Traffic Safety. Subgrantee, contractor, or subcontractor may not commence performance until such approval has been obtained. (Reference: California Department of General Services (DGS) Standard Agreement "General Terms and Conditions," form GTC800) I 4. Assignment. This agreement is not assignable by the contractor, either in whole or in part, without the consent of the Office of Traffic Safety in the form of a formal written amendment. (Reference: DGS Standard Agreement "Gleneral Terms and Conditions," form GTC800) 5. Audits and access to records. Contractor agrees that the California Office of Traffic Safety, the National Highway Traffic Safety Administration, or their designated representative(s), shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the state to audit records and interview staff in any subcontract related to the performance of this agreement. (Reference: Government Code (GC) 8546.7, Public Contract Code (PCC) 10115 et. seq., California Code of Regulations (CCR) Title 2, Section 1 i 896). 6. Availability of funds. It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. i This contract is valid and enforceable only if sufficient funds are made available to the state by the United States Government for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner. EXHIBIT 6-B (Rev. 4/01) Page 3 of 18 Pages The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds. The Administrator has the option to void the contract under the thirty-day cancellation clause or to amend the contract to reflect any reduction for funds. I (Reference: State Contracting Manual, Chapter 3) 7. Buy America Act. (Applies only to Federal-aid construction projects located on federal- aid highways, highways classified as local roads and rural minor collectors and transportation enhancement projects.) Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases 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. Clear justification foi the purchase of non-domestic items must be in the form of a waiver request submitted'to and approved by the Secretary of Transportation. (Reference: "Buy America Act" 23 USC 101 Note) 8. Byrd Anti-Lobbying Amendment (31 USC 1352). Contractors who apply or bid for an award of $100,000. or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress-in connection with obtaining any federal contract, grant, or any other award covered by 31 USC 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. i 9. Certification clauses. The Contractor Certification Clauses contained in Exhibit 6-13, Chapter 6, Volume II, Grant Program Manual, published by the California Office of Traffic Safety are hereby incorporated by reference and made a part of this agreement by this reference as if attached hereto. 10. Child support compliance act. "For any agreement in excess of $100,000, the contractor acknowledges in accordance with, that: a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and i 1 EXHIBIT 6-B (Rev. 4/01) Page 4'of 18 Pages b). The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." (Reference: DGS Standard Agreement "(General Terms and Conditions," form GTC800) 11. 12. 13. 14. (33 USC 1251 et seq.), as amended. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.). Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). i Compensation. The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred iu the performance hereof, including travel, per diem, and taxes, unless otherwise eixpressly so provided. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC800) Consultant contracts. Competition. No grantee shall draft, or cause to be drafted, any invitation to bid or request for proposal, in connection with the awarding of a consulting services contract, in such a manner as to limit the bidding directly to any one bidder. At least three competitive bids or proposals shall be secured for each consulting services contract. (Reference: PCC 10372 and 10373) Progress schedule. Grantees entering into a contractual lagreement for consultant services totaling one thousand dollars ($1,000) or more shall include detailed criteria and a mandatory progress schedule. (Reference: PCC § 10371) Progress payments: Grantees may provide for progress payments to consultants for work performed or costs incurred in the performance of the contract. Not less than 10 percent of the contract amount shall be withheld pending final completion of the contract and an evaluation of the contractor's performance. If the contract consists of the performance of separate and distinct tasks, then any funds so withheld with regard to a particular task may be paid upon completion of that task and an evaluation of the contractor's performance. (Reference: PCC § 10379) Contract Work Hours and Safety Standards Act (40'USC 327-333). Where applicable, all contracts awarded by recipients in excess, of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of. mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-333), as EXHIBIT 6-B (Rev. 4/01) Page 5 of 18 Pages supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 _ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation of transmission of intelligence. 15. Convict/forced labor. No foreign-made equipment, materials, or supplies furnished pursuant to this contract may be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. (Reference: PCC § 6108) 16. Copeland "Anti-Kickback" Act (18 USC 874 and 40 USC 276c). All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 USC 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the federal awarding agency. 17. Copyrights (41 CFR 105-71.134). The federal awarding agency reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 18. Credits (OTS Grant Program Manual, Volume Il, Chapter 7). The Final Report, in addition to any other credits, shall include the following statement: "This project is a part of the California Traffic Safety Program and was made possible through the support of the California Office of Traffic Safety; Business, Transportation and Housing Agency; State of California; and the National Highway Traffic Safety Administration (or Federal Highway Administration if the project is roadway related.)" 19. Davis-Bacon Act, as amended (40 USC 276a to a-7). When required by federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) and as supplemented by Department of Labor 1\ EXHIBIT 6-B (Rev. 4/01) Page 6'of 18 Pages regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the federal awarding agency. 20. Debarred and suspended parties. Grantees, subgrantees, contractors, and subcontractors must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." (Reference: 49 CFR 18.35) 21. Disadvantaged business enterprise/small business affirmative steps: Grantees, subgrantees, contractors, or subcontractors will take all necessary affirmative steps to assure that disadvantaged business enterprises (DBE), as defined in 49 CFR Section 26.5, and labor surplus area firms are used when possible. Affirmative steps shall include: Placing qualified DBEs and small businesses on solicitation lists. Assuring that DBEs and small businesses are solicited whenever they are potential sources. . Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and DBEs. Establishing delivery schedules, where the requirement permits, which encourage participation by small and DBEs. Using the services and assistance of the Samll Business Administration, and the Minority Business Development Agency of the Department of Commerce. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. (Reference: 49 CFR 18) 22. Disclaimer (OTS Grant Program Manual, Volume Il, Chapter 7). The Final Report shall include the following statement: The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of EXHIBIT 6-B (Rev. 4/01) Page 7 of 18 Pages California, the National Highway Traffic Safety Administration, or the Federal Highway Administration." 23. Disclosure requirements. (a) Any document or written report prepared for or under the direction of a state or local agency, which is prepared in whole or in part by nonemployees of such agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report; provided, however, that the total cost for work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the total contract amount may represent compensation for multiple documents or written reports. (Reference: GC § 7550) 24. Disputes. Contractor shall continue with the responsibilities under this agreement during any dispute. (Reference: DGS Standard Agreements "General Terms and Conditions," form GTC800) 25. Equipment. Equipment acquired under this agreement for use in highway safety program areas shall be used and kept in operation for highway safety purposes by the state; or the state, by formal agreement with appropriate officials of a political subdivision or state agency, shall cause such equipment to be used and kept in operation for highway safety purposes. (Reference: 23 CFR 1200.21) 26. Equal employment opportunity. All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (Reference: OMB Circular A-110, Appendix A-reference applies to Clauses 31 through 37) 27. Financial management system. The grantee, subgrantee, contractor, or subcontractor will comply with all applicable state, local, and federal procurement procedures and will maintain a financial management system that complies with the minimum requirements of 49 CFR 18.20. 28. Governing law. This contract is governed by and shall be interpreted in accordance with the laws of the State of California. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC800) 29 Indemnification: Contractor agrees to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or EXHIBIT 6-B (Rev. 4/01) Page 8 of 18 Pages resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by contractor in the performance of this agreement. (Reference: DGS Standard Agreement "General Terms.and Conditions," form GTC800) 30. Independent contractor. Contractor, and the agents and employees of contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the state. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC800) 31. Intangible property. (a) The recipient (grantee, subgrantee, contractor, or subcontractor) may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under award. The California Office of Traffic Safety and the National Highway Traffic Safety Administration reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. (b) Recipients are subject to applicable regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements." (c) The federal government has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes. (d) (1) In addition, in response to a Freedom of Information Act (FOIA) request for research data relating to published research findings produced under an award that were used by the federal government in developing an agency action that has the force and effect of law, the federal warding agency shall request, and the recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the federal' awarding agency obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect costs incurred by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 USC 552(A)(4)(a)). EXHIBIT 6-B (Rev. 4/01) Page 9 of 18 Pages (2) The following definitions apply for purposes of paragraph (d) of this section: (i) Research data is defined as the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, but not any of the following: preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. This "recorded" material excludes physical objects (e.g., laboratory samples). Research data also do not include: (A) Trade secrets, commercial information, materials necessary to be held confidential by a researcher until they are published, or similar information which is protected under law; and (B) Personnel and medical information and similar information the disclosure of which would consisute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study. (ii) Published is defined as either when: (A) Research findings are published in a peer-reviewed scientific of technical journal; or (B) A federal agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. (iii) Used by the federal government in developing an agency action that has the force and effect of law is defined as when an agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. (e) Title to intangible property and debt instruments acquired under an award or subaward vests upon acquisition in the recipient. The recipient shall use that property for the originally-authorized purpose, and the recipient shall not encumber the property without approval of the federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of OMB Circular A-110, paragraph 34(g). (Reference: Office of Management and Budget (OMB) Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, and OMB Circular A-102 Grants and Cooperative Agreements with State and Local Governments) 32. LoRos. The OTS, Business, Transportation and Housing Agency, and California energy logos will appear on all promotional materials where appropriate and practical. Contact the appropriate OTS regional coordinator for computer disk copies of the logos. EXHIBIT 6-B (Rev. 4/01) Page 10 of 18 Pages 33. Non-discrimination clause. State requirements: During the performance of this agreement, contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. T Federal requirements: In addition to state non-discrimination requirements, grantees, subgrantees, contractors, and subcontractors will comply with all federal statutes and implementing regulations relating to nondiscrimination. Federal nondiscrimination statutes include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin and 49 CFR Part 21; (b) Title IX of the Education Amendments of 1972, as amended (20 USC 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicaps; Americans with Disabilities Act of 1990 42 USC 12101 et seq. and implementing regulations, relating to nondiscrimination on the basis of disability, 29 CFR Parts 160, 1602 (Title I, EEOC), 28 CFR Part 35 (Title II, Department of Justice) 49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation) 28 CFR Part 36 (Title III, Department of Justice), 47 CFR 64.601 et seq. (Title IV, FCC), and 49 CFR Part 27 (d) the Age Discrimination Act of 1975, as amended (42 USC 6101-6107, which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse of alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 USC 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of house; (i) any other nondiscrimination provisions in the specific statute(s) under which application for EXHIBIT 6-B (Rev. 4/01) Page 11 of 18 Pages federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement. 34. Political Activity (Hatch Act). All individuals employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, including grants from the California Office of Traffic Safety, have been made aware of the provisions of 5 USC, Government Organization and Employees; Part II, Civil Service Functions and Responsibilities; Chapter 15, Political Activity of Certain State and Local Employees; Sections 1501 through 1508. This statute does not include individuals employed by an educational or research institution; establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization. (Reference: 5 USC 1501-1508 and 5 CFR 151) 35. Priority hiring considerations: For contracts in excess of $200,000, the contractor, in accordance with the California Public Contracting Code § 10353, shall consider filling vacancies in positions funded by the contract to qualified recipients of aid under Chapter ` 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, in accordance with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. This section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be applicable to any contracts for a project as defined in Section 10105. (Section 10105 defines a project as the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement of any kind which will exceed a total cost calculated pursuant to subdivision (b)." This section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be construed so as to do any of the following: (a) Interfere with or create a violation of the terms of valid collective bargaining agreements. (b) Require the contractor to hire an unqualified recipient of aid. (c) Interfere with, or create a violation of, any federal affirmative action obligation of a contractor for hiring disabled veterans or veterans of the Vietnam era. EXHIBIT 6-B (Rev. 4/01) Page 12 of 18 Pages (d) Interfere with, or create a violation of, the. requirements of Section 12990 of the Government Code. (Reference: PCC § 10353) 36. Program Income (41 CFR 105-71.125 and OTS Grant Program Manual, Volume H, Chapter 11. Project/contract activities that generate revenues as a result of NHTSA- OTS funding must be reported to OTS. Written notification of the source and amount of such income must be made to OTS at the earliest opportunity. A separate account must be maintained for the collection, expenditure, and disposition of program income. Program income generated shall be utilized to further the objectives of the project or reduce current project costs. Records shall be held for a period of three years after the final reimbursement and close of the project/contract. 37. Recycling certification. The contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this agreement, regardless of whether the produce meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (Reference: PCC § 10233, 10308.5, 10354) 38. Rights to inventions made under a contract or agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the federal government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 39. Solicitation (OTS Program Manual, Volume II, Chapter 6). No employee of the applicant agency, the contractor, or any agency acting on behalf of the agency, may solicit or accept gratuities, favors, or anything of monetary value from contractors or potential contractors. 40. Termination for cause. The Administrator may terminate this agreement and be relieved of any payments should the Contractor fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the Administrator may proceed with the work in any manner deemed proper by the Administrator. All costs to the state shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC800) EXHIBIT 6-B (Rev. 4/01) Page 13 of 18 Pages 41. Termination without cause. The Administrator may terminate unilaterally and without cause upon thirty days written notice to the Contractor. All work performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. (Reference: State Contracting Manual, Chapter 3) 42. Timeliness. Time is of the essence in this agreement. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC800) 43. Unenforceable provision. In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be effected thereby. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC800) 44. Year 2000 language. "The contractor warrants and represents that the goods or services sold, leased, or licensed to the state of California, its agencies, or its political subdivisions, pursuant to the contract are "Year 2000 compliant." For purposes of this contract, a good or service is Year 2000 compliant if it will continue to fully function before, at, and after the Year 2000 without interruption and, if applicable, with full ability to accurately and unambiguously process, display, compare, calculate, manipulate, and otherwise utilize date information. This warrant and representation supersedes all warranty disclaimers and limitations and all limitations on liability provided by or through the contractor." (Reference: DGS Standard Agreements "General Terms and Conditions," form GTC800) Certifications and Assurances STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements (GC 12990 (a-f) and CCR, Title 2, Section 8103). (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; EXHIBIT 6-B (Rev. 4/01) Page 14 of 18 Pages 3) any available counseling, rehabilitation, and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. C. Every employee who works on the proposed agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the agreement. Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement or both and grantee, subgrantee, contractor, or subcontractor may be ineligible for award of any future state agreements if the Office of Traffic Safety or the National Highway Traffic Safety Administration determines that any of the following has occurred: (1) the grantee, subgrantee, contractor, or subcontractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) (The Drug-Free Workplace Act of 1988 49 CFR Part 29 Subpart F) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee, subgrantee, contractor, or subcontractor certifies that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against contractor within the immediately preceding two-year period because of contractor's failure to comply with an order of a federal court which orders contractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. CONFLICT OF INTEREST. Grantee, subgrantee, contractor, or subcontractor needs to be aware of the following provisions regarding current or former state employees. If grantee, subgrantee, contractor, or subcontractor has any questions on the status of any person rendering services or involved with the agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410) 1) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and EXHIBIT 6-B (Rev. 4/01) Page 15 of 18 Pages which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411) 1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or, any part of the decision-making process relevant tot the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving state service. If grantee, subgrantee, contractor, or subcontractor violates any provisions of above paragraphs, such action by grantee, subgrantee, contractor, or subcontractor shall render this agreement void. (PCC 10420) Members or boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430(e)) 2. LABOR CODE/WORKERS' COMPENSATION: Grantee, subgrantee, contractor, or subcontractor needs to be aware of the provisions which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions, and grantee, subgrantee, contractor, or subcontractor affirms to comply with such provisions before commencing the performance of the work of this agreement. (Labor Code Section 3700) AMERICANS WITH DISABILITIES ACT: Grantee, subgrantee, contractor, or subcontractor assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 USC 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the grantee's, subgrantee's, contractor's, or subcontractor's name as listed on this agreement. Upon receipt of legal documentation of the name change an amendment will be processed. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. EXHIBIT 6-B (Rev. 4/01) Page 1'6 of 18 Pages 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in Revenue and Taxation Code (R&TC) Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. C. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: Upon request, a county, city, district, or other local public body must provide the state with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. AIR OR WATER POLLUTION VIOLATION: Under the state laws, the grantee, subgrantee, contractor, or subcontractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. CERTIFICATION REGARDING NON-DUPLICATION OF GRANT FUNDING The certifying applicant has no ongoing or completed projects under agreement with other federal funding sources which duplicate or overlap any work contemplated or described in this traffic safety project. It is further agreed that any pending or proposed request for other federal grant funds which would duplicate or overlap work under this traffic safety project will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of federal fund expenditures subsequently determined by audit will be subject to recovery by the Office of Traffic Safety. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for grants, subgrants, contracts, subcontracts, and cooperative agreements. EXHIBIT 6-B (Rev. 4/01) Page 17 of 18 Pages Signatories to this agreement certify to the best of their knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the above signed, 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 above signed shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) Signatories to this agreement shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, contracts, and subcontracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. i 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, US 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. CERTIFICATION REGARDING STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with National Highway Traffic Safety Administration 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, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, EXHIBIT 6-B (Rev. 4/01) Page 18 of 18 Pages 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. (49 CFR 29) ENVIRONMENTAL IMPACT Signatories to this agreement hereby declare that no significant environmental impact will result from implementing this project or service. If, under a future amendment, this project or service will be modified in such a manner that a project would be instituted that could affect environmental quality to the extent that a review and statement would be necessary, the Office of Traffic Safety has certified to the National Highway Traffic Safety Administration that it is prepared to take the action necessary to comply with the National Environmental Policy Act of 1969 (42 USC 4321 et seq.). (Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 CFR 1500 et seq.) It is understood the certifying applicant will purchase only energy efficient equipment, whenever possible and appropriate. LIMITED ENGLISH PROFICIENCY (LEP) The certifying applicant will take reasonable steps to ensure meaningful access by persons with limited English proficiency to the information and services provided through federal financial assistance.