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HomeMy WebLinkAboutRES NO 129-13RESOLUTION NO. 129-13 A RESOLUTION DETERMINING THAT THE CHIEF OF POLICE IS APPOINTED AS AGENT AUTHORIZED TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE KERN ALLIED AGENCIES PARTICIPATING IN THE KERN AVOID 18 PROJECT FUNDED BY A GRANT FROM THE CALIFORNIA OFFICE OFTRAFFIC SAFETY. WHEREAS, the Bakersfield Police Department (BPD) has been awarded a grantfrom the California State Office of Traffic Safety (OTS) in the amount of $195,000.00 to serve as the host agency for AVOID 18 ( "Project ") a Regional DUI effort in Kern County, WHEREAS, the goal of the Project is to reduce alcohol - involved fatalities and injuries and raise general public awareness regarding the problems associatecwith drinking and driving; and WHEREAS, a portion of the grant provides $78,051.00 for allied agencies to participate in the Project, and OTS requires each participating agency to formally commit to the program by executing a Memorandum of Understanding (MOU);and WHEREAS, the Bakersfield Police Department, as grantee, is responsible for obtaining MOUs from each participating agency prior to authorizing funds toward allied agency DUI operations; and WHEREAS, the Chief of Police needs the ability to promptly and efficiently execute MOUs with said allied agencies dueto the strict time requirements of the OTS grant. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Bakersfield has determined that the Chief of Police is appointed as agent authorized to execute Memorandums of Understanding (MOUs) with the Kern allied agencies participating in the Project funded by a grant from the California Office of TrafficSafety. NOW, BE IT FURTHER RESOLVED, that the Chief of Police, or his designee is hereby authorized and empowered to execute in the name of the City of Bakersfield, all necessary, contracts, payment requests, agreements and amendments thereto for the purpose of securing grant funds, implementing and carrying out the purposes specified in the grant application, and drawing down grant funds as necessary --------- -000---- - - - - -- -- Page 1 of 2 Pages -- p��AK�91P11 F- r V C1 ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on - cl I 2013 by the following vote: A E COUNCILMEMBER: RIVET2A, MAXWELL, WEIR SMKH, HANSON, SUL'AN, JOHNSON COUNCILMEMBER: ham_ ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED OCT 16 1013 _9" W4&x� CITY CLERK and Ex OffUkersfield Clerk of the Council of the City of iviuyvi APPROVED AS TO FORM: VIRGINIA GENNARO, City Attorney By 712' RICHARD IGER Associate City Attorney O``0AKF9`S -� > m H- r -Page 2 of 2 Pages - v 0 ORIGINAL AGREEMENT NO. MEMORANDUM OF UNDERSTANDING BETWEEN THE BAKERSFIELD POLICE DEPARTMENT AND PARTICIPATING AGENCY THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU ") is made and entered into this day of , 2013, by and between the Bakersfield Police Department (hereinafter "BPD ") and Participating Agency (hereinafter "AGENCY "). RECITALS WHEREAS, BPD was awarded a grant from California Office of Traffic Safety ( "OTS ") to serve as the host agency for Kern AVOID the 18 ( "Project "); and WHEREAS, Project aims to reduce alcohol related fatal and injury traffic collisions in Kern County by conducting DUI Drivers License checkpoints, DUI saturation patrols, court stings, warrant sweeps and other enforcement events throughout the grant cycle; and WHEREAS, BPD has an agreement with OTS to allow allied agencies to participate in the Project by executing a Memorandum of Understanding ( "MOU "); and WHEREAS, AGENCY desires to participate in the Project by entering into this MOU. NOW, THEREFORE, incorporating the foregoing recitals herein, BPD and AGENCY mutually agree as follows: 1. PURPOSE. To work together in an effort to plan, organize and conduct DUI Drivers License checkpoints, DUI saturation patrols, warrant sweeps, court stings and other DUI - related enforcement events, with the expectation of reducing the number of persons injured or killed each year in DUI - related collisions in Kern County. 2. TERM. The term for this MOU shall end on September 30, 2014. 3. STARTING WORK. AGENCY shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by AGENCY and BPD. o� ,PA6;gT -- Page 1 of 7 Pages V O ORIGINAL 4. RESPONSIBILITIES OF BPD. 4.1. Administer the Project agreement with OTS, including submitting all required financial and programmatic reports. 4.2. Reimburse allied agencies for personnel costs associated with grant funded activities from previous quarter. Eligible costs include hourly overtime costs for officers, deputies, sergeants, community service officers, dispatchers and clerical positions. Medicare (1.45 %) is also reimbursable, but must be clearly documented in accounting /payroll reports. "Straight time" and administrative overhead will not be reimbursed. 4.3. Participate in all project - related enforcement activities and take turns coordinating and hosting enforcement operations on a mutually agreeable rotational basis with the other participating agencies. 4.4. Schedule Project related meetings as needed to coordinate activities. 4.5. Manage and control grant funds available to participating agencies, to ensure expenditures stay within the budget detailed in the OTS AVOID Grant Agreement, herein attached as Exhibit "A ". 4.6. Review, Manage and Facilitate all requests for funding from participating agencies. 4.7. Allow use of the AVOID DUI Checkpoint Vehicle along with related checkpoint equipment on a first come basis for any participating agency as needed. 5. RESPONSIBILITIES OF AGENCY. 5.1. Assign staff to assist with all Project - related enforcement activities, including the Memorial Day holiday, July 4th holiday, Labor Day holiday period, Winter Maximum Enforcement period, and other identified enforcement events /activities as identified by the multi- agency coordinating committee. 5.2. To take turns coordinating and hosting enforcement operations on a mutually agreeable rotational basis with the other participating agencies. 5.3. Attend Project related meetings to schedule /coordinate and debrief activities as needed. -- Page 2 of 7 Pages -- gAKFp9 r m U r- Q ORIGINAL 5.4. Submit invoices with back up documentation (copies of salary schedules and overtime payroll records) to BPD promptly following enforcement activities. For quarters 1 -3, all invoices must be received by the Office of the Chief of Police, City of Bakersfield within 30 days after the end of each quarter (01/30, 04/30, and 7/30). Invoices received after these dates will not be reimbursed. For the 4th quarter, all invoices must be received within 20 days after the end of the quarter (10/20) due to OTS reporting requirements. Invoices received after 10/20 will not be reimbursed. 5.5. Conduct budgeted grant activities by agency personnel on an overtime basis. Grant funded operations may be conducted by personnel such as Sergeant, Officer, Corporal, Deputy, Community Services Officer and Dispatcher depending on the titles used by the agency. Personnel will be deployed as needed to accomplish the grant goals and objectives. A deployment plan, estimating staffing levels and approximate costs for each activity must be submitted to and approved by the BPD prior to deployment of any personnel. Agency shall use the form herein attached as Exhibit "B" to submit a deployment plan. An electronic version of this form will be provided for Agency's convenience. 5.6. Collect and submit statistics on project activities necessary for completion of specific grant reporting requirements prior to being reimbursed for expenses incurred from this grant. 5.7. Assume responsibility for the conduct and actions of their personnel. 5.8. Ensure that AGENCY does not exceed estimated expenses submitted to and approved by BPD, and acknowledge that BPD has sole discretion in the appropriation and allocation of funds in the unlikely event that total expenses exceed available grant funds. 6. CONFIDENTIALITY. Information provided to AGENCY by BPD is to be considered confidential information. AGENCY shall not reveal any information provided by BPD, for the purpose of this MOU, to any party not authorized by BPD. �gAKF, 0 -- Page 3 of 7 Pages -- v ORIGINS 7. COMPENSATION. 7.1 Costs are estimated based on an overtime hourly rate range of $54.61 per hour to $68.69 per hour (benefits are not included in the overtime rate). 7.2 Overtime reimbursement (overtime hourly rate) will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. 7.3 Medicare at 1.45% may be reimbursed if documented as an actual cost by AGENCY. 8. Amendments. This MOU may be amended at any time by mutual agreement of the parties without additional consideration, provided that before any amendment shall take effect, it shall be reduced to writing and signed by the parties. 9. Assignment. Neither this MOU nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this MOU (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 10. Captions. Captions and headings in this MOU are solely for the convenience of the parties, are not a part of this MOU, and shall not be used to interpret or determine the validity of this MOU or any of its provisions. 11. Notices. All notices relative to this MOU shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: BPD: BAKERSFIELD POLICE DEPARTMENT 1601 Truxtun Avenue Bakersfield, California 93301 > m -- Page 4 of 7 Pages -- o ORIGINAL AGENCY: Participating Agency 12. Compliance With All Laws. AGENCY shall, at AGENCY's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this MOU, and shall faithfully observe in all activities relating to or growing out of this MOU all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force. 13. Independent Contractor. This MOU calls for the performance of the services of the parties as independent contractors entering into a cooperative agreement. No party is an agent or employee of any other party for any purpose and is not entitled to any of the benefits provided by any party to its employees. This MOU shall not be construed as forming a partnership or any other association between parties. 14. Liability. No party shall be liable to the other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury or death of persons arising solely from any act or omission of the other party's officers, agents, or employees. 15. Bindina Effect. The rights and obligations of this MOU shall inure to the benefit of, and be binding upon, the parties to the MOU and their heirs, administrators, executors, personal representatives, successors and assigns. 16. Corporate Authority. Each individual signing this MOU on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this MOU. 17. Execution. This MOU is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this MOU. Section 1654 of the California Civil Code shall not apply to the interpretation of this MOU. 18. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this MOU and the intent of the parties to this MOU. -- Page 5 of 7 Pages -- o`�0AK�9`S -c� v o ORIGINAL 19. Meraer and Modification. This MOU sets forth the entire agreement between the parties and supersedes all other oral or written representations. 20. Termination. This MOU may be terminated by any party upon ten (10) days' written notice, served by mail or personal service, to all other parties. 21. Resource Allocation. All obligations of BPD under the terms of this MOU are subject to the appropriation and allocation of resources by BPD. The rest of this page was intentionally left blank -- Page 6 of 7 Pages -- �gAKE9 > m v O ORIGINAL IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed, the day and year first -above written. FOR THE BPD: GREG WILLIAMSON Chief of Police APPROVED AS TO CONTENT: VIRGINIA GENNARO City Attorney RICHARD IGER Associate City Attorney COUNTERSIGNED: NELSON SMITH Finance Director FOR THE AGENCY: Name: Title: Agency Counsel I1C TA 04- Title: Attachment - Exhibit "A" (2013 OTS AVOID Grant agreement #ALI 44 1) -- Page 7 of 7 Pages -- O��AK,69 s � r � o ORIGINAL State of California — Office of Traffic Safety GRANT AGREEMENT - Page 1 nTG'1R (Rry 6!11) GRANT NUMBER AL1441 1. GRANT TITLE DUI Avoid Campaign 2. NAME OF APPLICANT AGENCY 4. GRANT PERIOD Bakersfield Police Department From: 10/1/13 3. AGENCY UNIT TO HANDLE GRANT Bakersfield Police Department To: 9/30/14 5. GRANT DESCRIPTION To reduce alcohol - involved fatalities and injuries and raise general public awareness regarding the problems associated with drinking and driving increased DUI enforcement and intensive media campaigns will be conducted on a county -wide basis. Participating law enforcement agencies throughout the county, including the Alcohol Beverage Control and the California Highway Patrol will conduct DUI enforcement activities during the NHTSA summer and winter holiday mobilizations, Memorial Day and July 4th Weekends, as well as special events with identified DUI problems. Activities include DUI checkpoints, DUI saturation patrols, multi- agency DUI task force operations, warrant/probation sweeps and court sting operations for repeat DUI offenders. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: S 195,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A (OTS -38b) — Problem Statement, Goals and • Schedule C (OTS -38g) — Quarterly Evaluation Data Form Objectives and Method of Procedure (if applicable) • Schedule B (OTS -38d) — Detailed Budget Estimate and • Exhibit A — Certifications and Assurances Sub - Budget Estimate (if applicable) • Exhibit B* - OTS Grant Program Manual • Schedule B -1 (OTS -38f) — Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk ( *), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.eov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. APPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: JOE MULLINS PHONE: 661- 326 -3731 NAME: GREG WILLIAMSON PHONE: 661- 326 -3831 TITLE: Lieutenant FAX: 661- 852 -2156 TITLE: Chief of Police FAX: 661 - 861 -0451 ADDRESS: PO BOX 59 ADDRESS. PO BOX 59 Bakersfield, CA 93302 Bakersfield, CA 93302 ersfieldpd.us F -MAII.: jmull' s @bakersfieldpd.us E -MAI : gwilliam71r--,_, bf i3 1 a - 3o 13 (Signature (Date) gnature) (Date) C. FIS AL OR ACCOUNTING OFFICIAL D. OFF AU ORIZED TO RECEIVE PAYMENTS NAME: DARRIN BRANSON PHONE: 661-326-3831 NAME: Finance Department TITLE: Business Manager FAX: 661-852-2153 ADDRESS: PO Box 59 ADDRESS: PO Box 59 Bakersfield, CA 93302 Bakersfield, CA 93302 9. DUNS NUMBER E-MAIL: dbranson @bakersfieldpd.us DUNS #: 063810972 REGISTERED 1600 TRUXTUN AVE STE. 300 �30 i 13 ADDRESS & BAKERSFIELD CA 93301 zip: (Signature) (Daie) v m r 0 ORIGINAL AVOID SCHEDULE A GRANT No. AL1441 GRANT DESCRIPTION PAGE 1 PROBLEM STATEMENT An annual review of fatal driving under the influence (DUI) collisions reveals that DUI incidents are typically at their highest during the winter holiday period (Christmas and New Years), the end of summer vacation/Labor Day period, and also Memorial Day and Independence Day weekends. Other times with high incidence of DUI crimes and collisions include Halloween, Super Bowl Sunday, Cinco de Mayo and local festivals /events with identified DUI problems. Significant progress has been made in reducing the frequency of fatal DUI collisions when law enforcement agencies coordinate awareness campaigns and enforcement efforts with local, regional and national efforts. Nationwide, traffic deaths have declined dramatically; however, DUI deaths have not dropped at the same rate which indicates the need to continue to coordinate efforts between law enforcement, community- based - organizations, and media outreach. PERFORMANCE MEASURES GRANT GOALS 1. To reduce the number of persons killed countywide in traffic collisions. 2. To reduce the number of persons injured countywide in traffic collisions. 3. To reduce the number of persons killed countywide in alcohol - involved collisions. 4. To reduce the number of persons injured countywide in alcohol- involved collisions. 5. To reduce the number of persons killed countywide in alcohol- involved collisions during holiday enforcement periods. 6. To reduce the number of persons injured in alcohol - involved collisions countywide during holiday enforcement periods. 7. To reduce the number of persons killed in drug - involved collisions countywide during holiday enforcement periods. 8. To reduce the number of persons injured in drug- involved collisions countywide during holiday enforcement periods GRANT OBJECTIVES 1. To issue a press release announcing the kick -off of the grant by November 15. The press releases and media advisories, alerts, and materials should be emailed to the OTS Public Information Officer at pio(,ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. OTS -38b (Rev. 6/13) �gAKF9 o s.� Exhibit "A" Page 2 of 22 t r v o ORIGINAL AVOID SCHEDULE A GRANT No. AL1441 GRANT DESCRIPTION PAGE 2 2. To include, when appropriate, that an at -fault driver was suspected of or was in fact drug impaired (if possible note the drug involved, e.g., marijuana, prescription drugs, etc.) when reporting to the media the details from a crash or crash investigation. To send all grant- related pre- activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio(a),ots.ca.gov, with a copy to your OTS Coordinator. If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed a draft press release should first be sent to the OTS PIO for approval. Drafts should be sent for approval as early as possible to ensure adequate turn- around time. Optimum lead time would be 10 -20 days prior to the operation. Media communications reporting the results of grant activities such as ENFORCEMENT OPERATIONS are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre - publicity, but are encouraged to offer embargoed media coverage and to report the results. 4. To use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. 5. To email the OTS Public Information Officer at piokots.ca.gov, and copy your OTS Coordinator, at least 30 days in advance a short description of any significant grant related traffic safety event or program so that OTS has enough notice to arrange for attendance and/or participation in the event. 6. To submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.), which is meant for general public use, to the OTS Public Information Officer at pio(d�ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the production or duplication. 7. To include the OTS logo, space permitting, on grant funded print materials; consult your OTS Coordinator for specifics relating to this grant. 8. To conduct the first Avoid Coalition meeting comprised of members representing local, county and state law enforcement by October 31. The Coalition will approve all public information concepts and materials, and create all enforcement operational plans. Roster of attendees and tentative operation plans should be included in the first QPR. ,;bN K4 OTS -38b (Rev. 6/13) o� Exhibit "A" Page 3 of 22 o V ORIGINAL AVOID SCHEDULE A GRANT NO. AL1441 GRANT DESCRIPTION PAGE 3 9. To conduct the following enforcement operations during Halloween (October 31, 2013). • 1 DUI Saturation Patrols 10. To conduct the following enforcement operations and public awareness efforts during the NHTSA Winter Holiday Mobilization (December 13, 2013 through January 1, 2014). • 2 DUI /Driver's License Checkpoints • 4 DUI Saturation Patrols • 1 Multi- Agency DUI Task Force Operations • 1 Warrant Service Operations • 1 Media Event 11. To conduct the following enforcement operations during Super Bowl Sunday (February 2, 2014). • 2 DUI Saturation Patrols 12. To conduct the following enforcement operations during St. Patrick's Day (March 17, 2014). • 2 DUI Saturation Patrols 13. To conduct the following enforcement operations during Cinco de Mayo (May 3 through May 5, 2014). • 3 DUI Saturation Patrols 14. To conduct the following enforcement operations during the NHTSA Memorial Day Holiday (May 23 through May 26, 2014). • 1 DUI /Driver's License Checkpoints • 3 DUI Saturation Patrols 15. To conduct the following enforcement operations during the NHTSA Independence Day Holiday (July 3 through July 6, 2014). • 1 DUI /Driver's License Checkpoints • 3 DUI Saturation Patrols OTS -38b (Rev. 6/13) O��AKF9.c� s Exhibit "A" Page 4 of 22 U � ORIGINAL AVOID SCHEDULE A GRANT No. AL1441 GRANT DESCRIPTION PAGE 4 16. To conduct the following enforcement operations and public awareness efforts during the NHTSA Summer Holiday Mobilization (August 17 through September 1, 2014). • 2 DUI /Driver's License Checkpoints • 4 DUI Saturation Patrols • 1 Multi - Agency DUI Task Force Operations • 1 Warrant Service Operations • 1 Media Event 17. To conduct the following enforcement operations during county fairs, festivals, and other community events with identified DUI problems. • 7 DUI Saturation Patrols 18. To increase DUI arrests during each NHTSA holiday /mobilization enforcement period: • Winter Holiday Mobilization • Summer Holiday Mobilization • All other Avoid DUI Campaigns 19. To conduct Avoid public information campaigns during each Winter Holiday Mobilization, Summer Holiday Mobilization, Memorial Day, Independence Day, Halloween, Super Bowl Sunday, St. Patrick's Day, Cinco de Mayo, county fairs, festivals and other community events with identified DUI problems. Note: OTS will provide templates to adapt and use for DUI operations. 20. To submit operational data for the following NHSTA Holiday Mobilization Campaigns to the OTS Avoid Coordinator within 45 days after each mobilization. Note: This data is important as it is ,forwarded to NHTSA for national campaign reporting. • Winter Holiday Mobilization • Summer Holiday Mobilization 21. To assist OTS in coordinating an annual MADD /Avoid DUI Recognition Seminar to disseminate DUI information and enforcement strategies to enforcement agencies along with MADD to recognize members efforts to lower deaths and injuries by September 30. 22. To assist in coordinating at least one 16 -hour, POST- certified "Advanced Roadside Impaired Driving Enforcement" training course. OTS -38b (Rev. 6/13) v D Exhibit "A" Page 5 of 22 ORIGINAL AVOID SCHEDULE A GRANT NO. AL1441 GRANT DESCRIPTION PAGE 5 NOTE. Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. NOTE: To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release for each checkpoint operation. For combination DUI /DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI /DL checkpoint. Signs.for DUI /DL checkpoint operations should read "DUI /Driver's License Checkpoint Ahead. " OTS does not, fund or support independent DL checkpoints. Only on an exception basis, and with OTS pre - approval will OTS fund checkpoint operations that begin prior to 1800 hours. METHOD OF PROCEDURE Phase 1 — Program Preparation (0 Quarter) Develop a Memorandum of Understanding (MOU) with each participating agency that details enforcement activities to be conducted and personnel, number of hours required, and rate of compensation for each position. Checkpoint supervisor(s) should attend OTS- sponsored "DUI Checkpoints — Planning and Management" eight - hour, POST - certified training by December 31 (this is waived if the supervisor has already attended the training). Officers are encouraged to attend this training as well. Form an "Avoid Coalition" comprised of representatives of all agencies participating in the program to coordinate and develop DUI operational plans, schedules and media efforts by October 30 of each grant year. Conduct the first Avoid Coalition meeting comprised of members representing local, county and state law enforcement by October 31. The Coalition should approve all public information concepts and materials, and create all enforcement operational plans. Develop an Enforcement Operational Plan for each phase of the campaign by: October 15th for the Fall and Winter DUI Enforcement Schedules. March 1 st for the Spring and July Enforcement Schedules. July 1 st for the Summer Enforcement Schedules. ,�,NxF9 OTS -38b (Rev. 6/13) Ok. &I, Exhibit "A" Page 6 of 22 U ORIGINAL AVOID SCHEDULE A GRANT No. AL1441 GRANT DESCRIPTION PAGE 6 Gain commitment from law enforcement executives in the county on the campaigns and encourage them to emphasize DUI enforcement during all phases with officers on regular patrols and by allocating overtime hours to extra units, participating in forming special teams, conducting DUI checkpoints and contributing to all public information elements of the campaigns. Maintain judicial support of the program by communicating program goals and activities to the court. Collaborate with Alcoholic Beverage Control, District Attorney's Offices, and community based organizations to gain program support. Encourage that at least 50% of sworn police department personnel conducting DUI enforcement with grant funding have received NHTSA - CERTIFIED Standardized Field Sobriety Testing (SFST) training. Prepare complete press information for allied agencies and broadcast reporters during each campaign period including a main press release, campaign calendar, departmental plans and fact sheet. The material will emphasize the campaign's serious, aggressive enforcement and the high cost of DUI in terms of money, criminal consequences and human misery. The information for each campaign period will be completed by December 1; May 15; June 15 and August 1. Partner, where applicable, with other County Avoid programs and OTS for regional Avoid media efforts to maximize the overall goal of the Avoid Grants — Enforcement and Public Awareness. Phase 2 — Proaram Operations (2 "d, 3 d and 4th Quarters) Schedule and conduct enforcement and public information campaigns for each campaign period according to the Operational Plan. Phase 3 — Data Gathering & Reporting — (Throughout Grant Period) Measure the grant's impact on crime by tracking non - traffic - related arrests that initiate from DUI checkpoints and/or other grant supported activities or operations. Some of the crime statistics to be collected include narcotic arrests, confiscated weapons, stolen vehicles recovered, criminal misdemeanor arrests, criminal felony arrests, and felony warrant arrests. Following each of the Winter and Summer NHSTA Holiday Mobilization Campaigns, the collection of required data from all grant funded DUI activities will be recorded and the NHTSA Mobilization Data Sheet will be completed and forwarded via fax or email to the OTS Avoid Coordinator (it will then be reported to NHTSA for inclusion in their National Mobilization campaign statistics). OTS -38b (Rev. 6/13) Exhibit "A" Page 7 of 22 OI > m H r U � ORIGINAL AVOID SCHEDULE. A GRANT No. AL1441 GRANT DESCRIPTION PAGE 7 Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year -to -date comparisons of goals and objectives. A separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the project efforts. Reports shall be completed and submitted in accordance with OTS requirements specified in the Grant Program Manual. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will prepare the Executive Summary to accompany the final QPR. The Executive Summary will: (1) briefly state the original problem; (2) specify the most significant goals and objectives; (3) highlight the most significant activities that contributed to the success of the program and the strategies used to accomplish the goals; and (4) describe the program's accomplishments as they relate to the goals and objectives. ADMINISTRATIVE SUPPORT This program has full support of the city or county of Bakersfield. Every effort will be made to continue the activities after the grant conclusion. OTS -38b (Rev. 6/13) Exhibit "A" Page S of 22 F- r v o ORIGINAL SCHEDULE B - Host DETAILED BUDGET ESTIMATE GRANT NO. AL 1441 Bakersfield Avoid - Host Fund Number CFDA # Program Title 164AL 20.608 Minimum Penalties For Repeat Offenders For Driving While COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA 10/1/13 thru 9/30/14 Positions and Salaries Overtime Task Force Operations DUI Saturation Patrol Operation PIO Duties Grant Management Warrant Service Operations DUI Checkpoints 20.608 20.608 20.608 20.608 20.608 20.608 $ $ $ $ $ $ 2,770.00 39,858.00 1,500.00 13,080.00 1,964.00 44,570.00 $ $ $ $ $ 1 $ 2,770.00 39,858.00 1,500.00 13,080.00 1,964.00 44,570.00 Category Sub-Totall 103,743.00 1 $ 103,743.00 B. TRAVEL EXPENSE In -State 120.6081 $ 5,000.00 1 $ 5,000.00 Category Sub-Totall $ 5,000.00 $ 5,000.00 C. CONTRACTUAL SERVICES Allied Agency Operations Phlebotomist 20.608 20.608 $ $ 78,051.00 2,100.00 $ $ 78,051.00 2,100.00 Cate ory Sub -Total $ 80,151.00 $ 80,151.00 D. EQUIPMENT None $ - $ Category Sub -Total $ - $ E. OTHER DIRECT COSTS DUI Checkpoint Supplies Training Meetings 20.608 20.608 $ $ 5,000.00 1,106.00 $ $ 5,000.00 1,106.00 Cate o Sub -Total $ 6,106.00 $ 6,106.00 F. INDIRECT COSTS None $ - Category Sub -Total $ - $ - GRANT TOTAL $ 195 000.00 $ 195,000.00 o��AKF9 s Exhibit "A" Page 9 of 22 v 0 ORIGINAL SCHEDULE B - Allied Agencies DETAILED BUDGET ESTIMATE GRANT NO. AL1441 Bakersfield Avoid - Allied Agencies Fund Number CFDA # Program Title 164AL 20.608 Minimum Penalties For Repeat Offenders For Driving While COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA 10/1/13 thru 9/30/14 Positions and Salaries Overtime Task Force Operations DUI Saturation Patrol Operation Warrant Service Operations DUI Checkpoints 20.608 20.608 20.608 20.608 $ $ $ $ 1,681.00 35,427.00 4,276.00 36,667.00 $ $ $ $ 1,681.00 35,427.00 4,276.00 36,667.00 Category Sub-Totall I $ 78,051.00 $ 78,051.00 B. TRAVEL EXPENSE None $ - $ - Cate o Sub -Total $ - $ C. CONTRACTUAL SERVICES None 1 $ - $ - Category Sub-Totall I $ - $ D. EQUIPMENT None $ - $ - Category Sub -Total $ - $ E. OTHER DIRECT COSTS None $ - $ - Category Sub-Totall I $ - $ F. INDIRECT COSTS None $ Cate go Sub -Total $ - $ - GRANT TOTAL $ 78,051.00 $ 78,051.00 O��AK�9T s � r U O Exhibit "A" Page 10 of 22 ORIGINAL SCHEDULE B - Allied Agencies DETAILED BUDGET ESTIMATE GRANT NO. AL1441 Bakersfield Avoid -Phlebotomist Fund Number CFDA # Program Title 164AL 20.608 Minimum Penalties For Repeat Offenders For Driving While COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA 10/1/13 thru 9/30/14 Positions and Salaries None $ $ ' Category Sub -Total $ - Is B. TRAVEL EXPENSE None $ $ ' Category Sub -Total $ - $ C. CONTRACTUAL SERVICES Phlebotomist 20.6081 $ 2,100.00 $ 2,100.00 Category Sub -Total $ 2,100.00 $ 2,100.00 D. EQUIPMENT None $ $ - Category Sub -Total $ - $ E. OTHER DIRECT COSTS None $ $ - Category Sub -Total $ - $ F. INDIRECT COSTS None $ ' Category Sub -Total $ - $ - GRANT TOTALI I $ 2,100.00 S 2,100.00 o`` gAKF9� r Exhibit "A" Page 11 of 22 U O ORIGINAL SCHEDULE B -1 GRANT No. AL1441 HOST - BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Budgeted grant activities will be conducted by agency personnel on an overtime basis. Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. The primary personnel duties for the AVOID host agency will be for staffing the following operations: DUI/DL Checkpoints, DUI Saturation Patrols, Multi- Agency DUI Task Force Operations, Warrant Service Operations and Court Stings. Grant management duties will include planning and coordinating multi- agency activities, collection of statistical data for OTS reporting, assisting in claims preparation along with oversight of the grant activities and quarterly reporting. Public Information Officer (PIO) duties include conducting media events, preparing and disseminating press releases, arrest and collision data collection and other duties related to the media objectives. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range (excluding benefits). Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified and benefits. Costs of the operation may include overtime benefits for unemployment insurance, social security/FICA/OASDI, workers compensation, Medicare and state disability /SDI not to exceed 25% of actual overtime reimbursement. Overtime reimbursement will reflect actual cost of the personnel conducting the appropriate operation. Costs are estimated based on an overtime hourly rate range of $30.78 hour to $76.96/hour. No benef :s will be paid as part of this grant. TRAVEL EXPENSE In State - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Vehicular Homicide Seminar and OTS Leadership and Training Seminar. All conferences, seminars or training not specifically identified in the Schedule B -1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. OTS -38f (Rev. 6/13) ,e,A,Kt s Exhibit "A" Page 12 of 22 M v o ORIGINAL_ SCHEDULE B -1 GRANT No. AL1441 HOST - BUDGET NARRATIVE Page 2 CONTRACTUAL SERVICES Allied Agency Operations - Memorandums of Understanding (MOU) or contracts will be developed with each participating allied agency that details overtime costs to be reimbursed. Allied agency personnel may participate in the following operations: DUI /DL Checkpoints, DUI Saturation Patrols, Multi- Agency DUI Task Force Operations, Warrant Service Operations, and Court Stings Operations. Phlebotomist - to draw and collect blood samples from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law. OTS funds will not be used for "testing" of the evidence EQUIPMENT None OTHER DIRECT COSTS DUI Checkpoint Supplies - on -scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti- fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost offood and beverages will not be reimbursed Training Meetings - meetings in which the primary purpose is the dissemination of traffic safety- related technical information. Costs may include meals, transportation, rental of meeting facilities, audio /visual equipment rental, printing and awards such as pins and plaques. Adequate records including an agenda must be maintained to document that the primary purpose of the meeting was for dissemination of traffic safety technical information. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS -39f (Rev. 6/13) AKe ,9 cP Exhibit "A" Page 13 of 22 rm V 4 ORIGINAL SCHEDULE B -1 GRANT No. AL1441 ALLIED - BUDGET NARRATIVE Page 1 I PERSONNEL COSTS Overtime Budgeted grant activities will be conducted by agency personnel on an overtime basis. Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. The primary personnel duties for the Allied Agencies will be for staffing the following operations: DUI /DL Checkpoints, DUI Saturation Patrols, Multi- Agency DUI Task Force Operations, and Warrant Service Operations. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range (excluding benefits). Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified and benefits. Costs of the operation may include overtime benefits for unemployment insurance, social security/FICA /OASDI, workers compensation, Medicare and state disability /SDI not to exceed 25% of actual overtime reimbursement. Overtime reimbursement will reflect actual cost of the personnel conducting the appropriate operation. Costs are estimated based on an overtime hourly rate range of $55.70/hour to $70.06/hour. No benefits will be paid from this grant. TRAVEL EXPENSE None CONTRACTUAL SERVICES None EQUIPMENT None OTHER DIRECT COSTS NONE OTS -38f (Rev. 6/13) >- m Exhibit "A" Page 14 of 22t V ORIGINAL SCHEDULE B -1 GRANT No. AL1441 I ALLIED - BUDGET NARRATIVE Page 2 I INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. oI0AKF9`j -c� OTS-38f (Rev. 6/13) > m Exhibit "A" Page 15 of 22 p v ORIGINAL SCHEDULE B -1 GRANT No. AL1441 SUB - BUDGET NARRATIVE Page 1 PERSONNEL COSTS None TRAVEL EXPENSE None CONTRACTUAL SERVICES Phlebotomist - to draw and collect blood samples from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law. OTS funds will not be used for "testing" of the evidence EQUIPMENT None OTHER DIRECT COSTS None INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 6/13) Exhibit "A" Page 16 of 22 p�g�KE,Q�'T } n v a ORIGINAL CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and /or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the Grant Agreement, certify by way of signature on the Grant Agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Chapter II - (§ §1200, 1205, 1206, 1250, 1251, & 1252) Regulations governing highway safety programs • NHTSA Order 462 -6C - Matching Rates for State and Community Highway Safety Programs • Highway Safety Grant Funding Policy for Field- Administered Grants NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (88), 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 U.S.C. 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 U.S.C. 794), and the Americans with Disabilities Act of 1990 (101), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (100), which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (92), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (91), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. 1 Certifications and Assurances (Rev. 2013) T > m Exhibit "A" Page 17 of 22 r r' ORIGINAL CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: 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 for the purchase of non - domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency 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 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 0PKF9 2 Certifications and Assurances (Rev. 2013) O S� > m I-- r Exhibit "A" Page 18 of 22 V O ORIGINAL. CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES RESTRICTION ON 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 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 Instructions for Primary Certification 1. By signing and submitting this Grant Agreement, the Grantee Agency official is providing the certification set out below. 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 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 Grantee Agency official 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 Grantee Agency official 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. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this Grant Agreement is submitted if at any time the Grantee Agency official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, Grant Agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this Grant Agreement is being submitted for assistance in obtaining a copy of those regulations. The Grantee Agency official agrees by submitting this Grant Agreement 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. 3 ( Certifications and Assurances (Rev. 2013) > m F- r— Exhibit "A" Page 19 of 22 c7 ORIGINAL CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 7. The Grantee Agency official further agrees by submitting this Grant Agreement that it will include the clause titled "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. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 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 this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions (1) The Grantee Agency official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three -year period preceding this Grant Agreement 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 record, 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 /Grant Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this Grant Agreement. 4 ; Certifications and Assurances (Rev. 2013) �� ,4-9S y � Exhibit "A" Page 20 of 22 U O ORIGINAL CALIFORNIA OFFICE OF TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES Instructions for Lower Tier Certification 1. By signing and submitting this Grant Agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this Grant Agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, Grant Agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this Grant Agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this Grant Agreement that, should the proposea 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 Grant Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 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. 5 Certifications and Assurances (Rev. 2013) gAKF,�, Exhibit "A" Page 21 of 22 M � r v ° ORIGINAL. CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9. subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. 6 Certifications and Assurances (Rev. 2013) Exhibit "A" Page 22 of 22 o V ORIGINAL