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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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)
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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)
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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)
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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.
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OTS -38b (Rev. 6/13)
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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)
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Exhibit "A" Page 4 of 22
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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.
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OTS -38b (Rev. 6/13) Ok. &I,
Exhibit "A" Page 6 of 22
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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
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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
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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
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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
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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�
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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
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Exhibit "A" Page 12 of 22 M
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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
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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)
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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
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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
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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�
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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
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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