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HomeMy WebLinkAboutP-25-015 TDG Engineering Inc.pdf CO,U County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet•Graphics• Purchasing •Security•Technology O� 185 R �O AE`' PROCUREMENT AGREEMENT Agreement Number P-25-015 February 6, 2025 TDG Engineering, Inc. 8484 Georgia Avenue, Suite 800 Silver Spring, MD 20910 The County of Fresno (County) hereby contracts with TDG Engineering, Inc. (Contractor)to provide Safe Route to School Site Assessments in accordance with the text of this agreement, Attachment"A", and Attachment"B", by this reference made a part hereof. TERM: This Agreement shall become effective January 1, 2025, and shall remain in effect through December 31, 2025. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" attached, at the rates set forth in Attachment"A". ORDERS: Orders will be placed on an as-needed basis by Public Works and Planning under this contract. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of two hundred thousand dollars ($200,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice shall be sent to the requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* PROCUREMENT AGREEMENT NUMBER: P-25-015 Page 2 Toole Design Group, LLC, D.B.A. TDG Engineering February 6, 2025 INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: Either party reserves the right to terminate this Agreement upon thirty(30)days written notice. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available following prior written notice to Contractor, to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the County's right to obtain indemnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, and employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor's policy. B. Automobile Liability: Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. C. Professional Liability: Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must be prior to the date on which services began under this Agreement; (2)the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall P-25-015 TDG Engineering, Inc PROCUREMENT AGREEMENT NUMBER: P-25-015 Page 3 Toole Design Group, LLC, D.B.A. TDG Engineering February 6, 2025 purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. D. Worker's Compensation: Workers compensation insurance as required by the laws of the State of California with statutory limits. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Public Works and Planning, 2220 Tulare St. 611 Floor, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance, written notice given to County. Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. P-25-015 TDG Engineering, Inc PROCUREMENT AGREEMENT NUMBER: P-25-015 Page 4 Toole Design Group, LLC, D.B.A. TDG Engineering February 6, 2025 Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement (excluding Attachment"A" and Attachment"B")and (2)the text of this Agreement including Attachments "A" and "B". GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in the County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1)a digital signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF document)version of an original handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative orjudicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. P-25-015 TDG Engineering, Inc PROCUREMENT AGREEMENT NUMBER: P-25-015 Page 5 Toole Design Group, LLC, D.B.A. TDG Engineering February 6, 2025 Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or LISPS. Please refer any inquiries in this matter to Heather Stevens, Purchasing Analyst, at 559-600-7115 or heastevens(a-)fresnocountyca.gov. FOR THE COUNTY OF FRESNO Digitally signed Riley Blckbur Riley Blackburn Date:2025.0228y10:26:21a0800n Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 P-25-015 TDG Engineering, Inc PROCUREMENT AGREEMENT NUMBER: P-25-015 Page 6 Toole Design Group, LLC, D.B.A. TDG Engineering February 6, 2025 CONTRACTOR TO COMPLETE: Company: TDG Engineering, Inc Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ■� Corporation ❑ General Partnership 8484 Georgia Ave, Suite 800 Silver Spring MD 20910 Address City State Zip (301 ) 927 1900 contracts@tooledesign.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Jennifer Toole I President Roswell Eldridge) Treasurer Title: Print Name &Title: '?0SW64 LGcfYicfge Signature: V Signature: Roswell E[dr;dge(Fee 28,20251 :20 EST) ACCOUNTING USE ONLY ORG No.: 45104513 Account No.: 7295 Requisition No.: 5132500022 (7/2024) P-25-015 TDG Engineering, Inc P-25-015 Attachment A MEMORANDUM January 13, 2025 To: Erin Haagenson and Sandra Huerta Organization: County of Fresno Public Works and Planning From: Lauren Pepe, TDG Engineering, Inc. Project: Fresno County Safe Routes to School Action Plan Re: Scope of Work TASK 1 : PROJECT MANAGEMENT TASK 1.1 PROJECT ADMINISTRATION Task 1.1.A. Kickoff Meeting A successful project begins with a shared understanding of project goals and desired outcomes. TDG Engineering, Inc. will convene and facilitate a kickoff meeting with Fresno County ("the County") staff to review and confirm project timeline, goals, schedule, and data needs. During this meeting, we will clarify the County's project management and administrative expectations. Following the kickoff meeting, TDG Engineering, Inc. will revise and finalize the project scope and schedule. Task 1.1.B. Project Administration Project Manager Lauren Pepe will be available as needed, and schedule regular coordination calls to provide project updates, review ongoing work, and collaborate on upcoming tasks and deliverables. Lauren will schedule in-person meetings in conjunction with project milestones and engagement events, or as other needs arise. TDG Engineering, Inc. will submit monthly invoices to the County each month. The invoices will include a transmittal letter, progress report, and budget status summary by task and total budget. TASK 1 DELIVERABLES ■ Kickoff meeting agenda and minutes ■ Facilitation of regular coordination meetings ■ Invoice Packages TASK 2: SCHOOL ASSESSMENTS AND RECOMMENDATIONS TASK 2.1 TRAFFIC ASSESSMENTS Task 2.1.A Review Existing Safety Conditions Prior to conducting walk audits, TDG Engineering, Inc. will review collision locations, types, and severity, and identify existing safety gaps within a half-mile radius of all participating schools. This data will inform our walk audit routes by flagging crash hot spots and any missing critical infrastructure (such as sidewalks or marked crossings). ENVISIONING WHAT COULD BE, THEN BUILDING IT P-25-015 Attachment A Task 2.2.8 Conduct Walk Audits TDG Engineering, Inc. will coordinate and lead Field Safety Assessments, or"walk audits," at each of the 15 identified elementary, middle, and high schools: 1. Cantua Creek Elementary School 10. Caruthers Elementary School 2. Fipps Primary School 11. Tranquility Elementary School 3. Riverdale Elementary School 12. Tranquility High School 4. Riverdale High School 13. Calwa Elementary School 5. Washington Colony Elementary School 14. Adams Elementary School 6. Washington Union High School 15. Powers-Ginsberg Elementary School 7. Del Ray Elementary School 8. West Park Elementary School 9. Caruthers High School Walk audits will be conducted with a combination of Fresno County staff, principals, school administrators, and any staff who help facilitate pick-up and drop-off. Depending on the County's preferences, teachers, parents, and high-school students may also participate in walk-audits. The walk audits will focus on school bus stops and key streets within a half mile radius around each school. For each school we recommend conducting a morning drop- off observation, followed by a walk audit and then pick-up observation in the afternoon. This will allow us to evaluate activities and conditions during times of peak school travel demand. To facilitate the walk audits, we will undertake the following tasks: Walk Audit Preparation Our team will prepare a walk audit route map for each school that will be provided to the County in advance of the audit. The routes will include up to a half mile radius around each school, focusing on the school perimeter and key walking/biking routes; route maps will show an aerial view with labeled streets and the school site and enrollment boundaries. The County will coordinate with relevant school leaders in advance of the audits (which may include sharing the walk audit map, hosting a virtual pre-audit meeting with school principals, and inviting participants); TDG Engineering, Inc. will attend any virtual meetings associated with the audit. Pre-Walk Prep Meeting TDG Engineering, Inc. will gather participants prior to the audit so the Field Assessment Lead can respond to questions and describe the project purpose, provide maps and materials, and review any previously identified issues. Our team will encourage participants to focus on existing barriers and challenges, and to consider conditions relative to the needs and abilities of children and youth. Conducting Walk Audits Our observations and analysis will focus on three key elements: ■ Infrastructure Conditions, including review of the presence, quality, and design of sidewalks, school bus stops, lighting, school area signs and pavement markings, pathways, bicycle lanes, bicycle parking, drop- off/pick-up areas, accessibility and visibility, and personal safety. 2 P-25-015 Attachment A ■ Street Crossing Conditions, including review of traffic signal features, signal phasing and operations for all travel modes, marked crosswalk conditions, curb ramp presence and compatibility, and crossing guard presence and level of training. ■ Traffic Circulation and Behavior, including review of student and parent/caregiver behaviors, particularly in relation to walking patterns, bicycling routes, general motorist behavior, and actions during drop-off and pick-up, traffic volumes, speeds, and patterns. TASK 2.2 COMMUNITY OUTREACH AND ENGAGEMENT Our team, in partnership with the County and stakeholders, will solicit input from students, parents, and school staff about safety concerns around their schools, ideas for improvements, and their priorities. We will design our engagement techniques to gather actionable information that will help inform the recommendations. Our materials and techniques will be age-appropriate, accessible, and translated into Spanish. Engagement may include: ■ A student-, teacher-and parent-friendly interactive webmap survey ■ Development of outreach fliers to be distributed through schools ■ Pop-up tabling at school community events to spread the word about the safe routes initiative and collect input about challenges getting to school ■ Guidance for administration of Safe Routes to School encouragement events, such as walk to school days or coordinating a "walking school bus" Final outreach and engagement strategies will be determined in consultation with County staff and will be commensurate with the budget available for this task. Key findings from engagement will inform the recommendations and will be summarized in the final report. TASK 2.3 RECOMMENDATIONS TDG Engineering, Inc. will develop infrastructure recommendations for each school based upon our existing conditions analysis, traffic assessment/walk audit findings, and stakeholder feedback. For each of the 15 schools, we will develop the following materials: ■ Site-specific recommendations ■ Database, spreadsheet, or memo detailing the justification for each recommendation TASK 2 DELIVERABLES Task 2.1 Traffic Assessments ■ Facilitation of arrival and dismissal observations and walk audits for each school (up to 15) ■ Walk audit materials for each school (up to 15) Task 2.2 Community Outreach and Engagement ■ Development of survey/webmap ■ Development of outreach fliers to be distributed through schools ■ Attendance at up to two pop-up events 3 P-25-015 Attachment A ■ Guidance/toolkit for administration of encouragement events Task 2.3 Recommendations ■ Recommendations report for each of the 15 schools TASK 3: IMPLEMENTATION AND ACTION PLAN TASK 3.1 IMPLEMENTATION For this task, our team will develop detailed implementation strategies that will include a set of prioritized recommendations. The overarching implementation strategy and the specific prioritization criteria will be data- driven and informed by County and community input. Prioritized recommendations may feature: ■ Planning-level cost estimates ■ Feasibility considerations (i.e. issues pertaining to civil, right-of-way, geometric design, traffic operations and parking, signal timing, utilities, drainage, etc.) ■ Timeline for implementation (short-, medium-, or long-term), including opportunities for pilots or rapid implementation The final deliverable will be a set of tailored implementation strategies that are right sized to the staffing and funding resources available to the County. TASK 3.2 DRAFT SAFE ROUTES TO SCHOOL ACTION PLAN TDG Engineering, Inc. will prepare a draft Safe Routes to School Action Plan for the County's review. The Draft Plan will include: ■ Existing Conditions Data Analysis ■ Traffic Assessments Findings Summary ■ Implementation Strategy (as developed in Task 3.1) TASK 3.3 FINAL SAFE ROUTES TO SCHOOL ACTION PLAN Our team will revise the Draft Plan based on County feedback and will deliver the Final Report in PDF and editable Microsoft-Word format. At this point, all data, files, and documentation used and created in the development of the plan will be provided to the County. TASK 3 DELIVERABLES ■ Implementation strategy ■ Draft and Final Plan documents ■ All project files in PDF format and editable formats to be determined in coordination with County staff, including outreach materials, maps, and GIS files TASK 4: PLANNING LEVEL DESIGN CONCEPTS TASK 4.1 DRAFT CONCEPTUAL LAYOUTS 4 P-25-015 Attachment A Having identified priority projects during Task 3, the TDG Engineering, Inc. Team will produce corresponding planning-level conceptual designs for up to five priority projects. TASK 4.2 FINAL CONCEPTUAL LAYOUTS TDG Engineering, Inc. will revise the planning-level conceptual designs based on County staff feedback, culminating in grant application-ready conceptual designs. TASK 4 DELIVERABLES ■ Draft and final conceptual layouts for priority projects (up to five) 5 N - O o ^ N T p - O � - �n m Vi N a/i N N h Vi Lf N N Vi N'h N H O N N c o tD n N m m e 8 8 8 8 m £ m = a a3 0 m _ � W d f > _ ❑ F 6 0 ❑ " z n r E v o v a v N m m � w O E � a Q a" - � p v o a ao C y � L U 3 Q ti a a LO O r CD o b � E N v N 3 C E 71 � d 8 c m � C O iD of of C � W m u v _ uxi - r - £ a a � e ❑ m 0 a w a 10 w N C W F F F H G m +' C � O R C O E y s E E c Y o m d a c oc u, o t o • O L m 0 0 "i N O C p 00 ❑ — ,E E .o L w E � � — m E E O N rl N m m rl N m O .i N N N N M IYI IYI Q Q A F P-25-015 Attachment A Employee Diane Lambert 220.0 Mia Candy 228.0 Lauren Pepe 174.0 Ellie Gertler 162.0 Serena Powell 122.0 Alison Mills 282.0 Christi Nielsen 166.0 Andrew Kotalik 196.0 Freddie Winter 166.0 Hugh Kelley 142.0 Sam Person 130.0 Sofia Pollmann/Janessa Mendoza 178.0 Ellie Fiore 308.0 Adam Vest 324.0 P-25-015 Attachment A LEGEND Consultant work period Major deliverable DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT 1.1 Project Administration 2.1 Traffic Assessments 2.2 Community Outreach&Engagement 2.3 Recommendations 3.1 Implementation 3.2 Draft Plan 3.3 Final Plan Task4-Planning Level Design Concepts 4.1 Draft Conceptual Layouts 4.2 Final Conceptual Layouts State of California—Office of Traffic Safety P-25-015 Attachment "B" GRANT NUMBER GRANT AGREEMENT PS25042 Exhibit A Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] 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); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3(U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • 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 11 and 111 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 (preventing 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); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency(LEP)); • Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government(advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). 9/6/2024 11:47:58 AM Page 10 of 16 The preceding statutory and regulatory cites heran VA 9W0"taWe "Acts" and "Regulations," respectively. GENERALASSURANCES In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each "activity," "facility," or"program," as defined in § 2 1.2 3(b) and (C) of 49 CFR part 21 will be (with regard to an "activity")facilitated, or will be (with regard to a"facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The[name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 9/6/2024 11:47:58 AM Page 11 of 16 P-25-015 Attachment "B" By signing this ASSURANCE, the State highway safety agency also agrees to comply(and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply)with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2)from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY(HATCH ACT) (applies to all 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 all 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: 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; 9/6/2024 11:47:58 AM Page 12 of 16 2. If any funds other than Federal approphaR,5FQj1-i5s4 tpW 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-awards 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 all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 9/6/2024 11:47:58 AM Page 13 of 16 otherwise ineligible to participate in co\RQ6-W&h bNI§n1&144ffy 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 (h ttps✓/www.sam.qoo. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS— PRIMARY TIER COVERED TRANSACTIONS 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local)terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 9/6/2024 11:47:58 AM Page 14 of 16 otherwise ineligible to participate in co\RQ6-W&hdbNbn'TW4e'ay 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.gov1). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION— LOWER TIER COVERED TRANSACTIONS 1 . The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (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. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities,favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. 9/6/2024 11:47:58 AM Page 15 of 16 DISCLOSURE REQUIREMENTS P-25-015 Attachment "B" No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may(a)terminate the award, or(b)determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s)with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s)that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all 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. 9/6/2024 11:47:58 AM Page 16 of 16 020AK.00383.00 P-25-015 TDG Engineering Inc - signed Final Audit Report 2025-02-28 Created: 2025-02-26 By: Noren Hartman(nhartman@tooledesign.com) Status: Signed Transaction ID: CBJCHBCAABAAu4DOj-iyGQeS-SczfgpMUbOwVuOgmUzW "020AK.00383.00 P-25-015 TDG Engineering Inc - signed" Hist ory Document created by Noren Hartman (nhartman@tooledesign.com) 2025-02-26-3:30:26 PM GMT Document emailed to RJ Eldridge (reldridge@tooledesign.com)for signature 2025-02-26-3:31:29 PM GMT Email viewed by RJ Eldridge (reldridge@tooledesign.com) 2025-02-28-4:19:33 PM GMT Signer RJ Eldridge (reldridge@tooledesign.com) entered name at signing as Roswell Eldridge 2025-02-28-4:20:15 PM GMT Document e-signed by Roswell Eldridge (reldridge@tooledesign.com) Signature Date:2025-02-28-4:20:17 PM GMT-Time Source:server Agreement completed. 2025-02-28-4:20:17 PM GMT Q Adobe Acrobat Sign