HomeMy WebLinkAboutRES NO 115-12RESOLUTION NO. '115 ° 12
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 grant from
the California State Office of Traffic Safety (OTS) in the amount of $260,000.00 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 associatedNith drinking and
driving; and
WHEREAS, a portion of the grant provides $92,551.00 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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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council off he City of Bakersfield at a regular meeting thereof held onOCT 1 7Tn,�_, by
the following vote:
AYE COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HAN ON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: Ir1[`A v
APPROVED
OCT
7 2012
CITY CLERK and Ex Of Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO, City Attorney
By -1z' '/'4�
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 , 2012, 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, 2013.
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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.
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
5.2.
officers, deputies, sergeants, community service
officers, dispatchers and clerical positions. Medicare
(1.45 %) is also reimbursable, but must be clearly
5.3.
documented in accounting /payroll reports. "Straight
time" and administrative overhead will not be
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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.
Ensure that the total amount for reimbursable overtime
expenses from this grant shall not exceed $ 92,551.00
total for all participating agencies.
4.6.
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 tC�6AKF9
schedule /coordinate and debrief activities as needed? N,
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5.4.
Submit invoices and proper documentation (copies of
salary schedules and overtime payroll records) to BPD
promptly following enforcement activities. All invoices
must be received by the Office of the Chief of Police,
City of Bakersfield at least 15 days prior to the end of
each quarter. Invoices received after 15 days following
the end of the 4th quarter will not be honored due to
OTS reporting requirements.
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 and staffing level for each activity
will be developed and each agency will be advised
ahead of time as to level of participation from their
agency that is to be requested.
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 $ 92,551.00 in
expenses, and acknowledge that BPD has sole
discretion in the appropriation and allocation of funds
in the unlikely event that total expenses exceed $
92,551.00 for all participating agencies.
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.
7. COMPENSATION.
6.1 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).
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6.2 Overtime reimbursement (overtime hourly rate) will reflect
actual costs of the personnel conducting the appropriate
operation up to the maximum range specified.
6.3 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
AGENCY: "PARTICIPATING AGENCY"
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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. Binding 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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19. Merger 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.
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:
FOR THE AGENCY:
LA
Agency Signator
By: By:
NELSON SMITH
Finance Director
Agency Signator
Agency Counsel
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Attachment "A" - OTS AVOID Grant agreement #ALI 385
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Attachment "A" - OTS AVOID Grant agreement #AL1385
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ORIGINAL
State of California -- Office Of Traffic Safetv
G'J;UkNT AGRFENIENT- Page I
OTS-38 (Rcv. 7/12) Page
I CRANTTITLE
DUI Avoid Campaign
2. NAME APP1,1CANTAGENCY
City of Bakersfield 4. GRANT PERIOD
3. AGENCY UNITTO HANDLE GRANT
From: 10/02012
Police
_L0
—, 9/30/2013
GRANT' DESCRIPTION
To reduce alcohol involved fatalities and injuries and raise general public awareness regarding the consequences
of
impaired driving, increased DUI enforcement and intensive media campaigns will be co,iducted on a county-wide basis.
Participating law enforcement agencies throughout the county, including the Departmew of Alcoholic Beverage Control
and the California Highway Patrol will conduct DUI enforcement activities during the NITFSA summer and winter
holiday mobilizations, Memorial Day and Independence Day weekends, as well as special events with identified DU
problems. Activities include DUI/Driver's License Checkpoints, DUI saturation patrols, multi-agency DUI task force
operations, and warrant sweeps targeting repeat DUI offenders. All grant funded operations will use law enforcement
personnel specially trained to detect and apprehend drug-impaired drivers.
6. FEDERAi, FuNos ALLOCATED UNDER THIS AcREEMENI'SuAu. NOT EXCEED: $220,000.00
'
the parties agree to comply vith the terms and conditions of the following which are by this relerence made a part of the
Agreement:
• Page 2 (OTS-38a) • Schedule C (OTS-38g) Quarterly Evaluation Data Form
1 Schedule A (OTS-38b) — Problem Statement, Goals and (if applicable)
Objectives and Method of Procedure • Exhibit A Federal Certifications and Assurances
• Schedule B (OTS-38d) — Budget Estimate and Sub- • Exhibit 13* - OTS Grant Program Manual
Budget Estimate (if applicable)
• Schedule B-1 (OTS-3&) — Budget Narrative and Sub-
Budget Narrative (if applicable)
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agree rent as if attached hereto. These
documents can be viewed at: v,'ww.ots.ca.,,o)L Gqnts//Gr;Lnt Adn1ini*.tatLo,_11�ranL �IanuaLasp_
We, the officials named below -v, hereby swear under penalty of perjury under the laws of the Stat of California that we are duly
authorized to legally bind the Grant recipient to the above described Grant terms and conditions
Appg01; ,xlL�i1.Q_NA,l,1 g 1,S
I A. GPLAM'Dumc'roR B. Atl'fl]ORIZINGOFFICI.k[,OFAPPI,ICAN'l- AGENCY
N.-kvik,: RANDY ROBISON PI]ONE:661-326-3731
NAME: GREG WILLIANISON PHONE:661-326-382 I
Pri.E: L,IEUTENANT FAX: 661-852-2156
TITLE: CHIEF OF POLICE, FAX: 661-861-0451
1 ADDRESS: PO Box 59
ADDRESS: PO Box 59
BAKERSFIE'LD CA 93302
BAKl-,Rsr.'lEl.D CA 93302
E-MAIL: GWI 1 ERSHELDI'DA'S
L_
%; (Date)
,,(Signature)
C. Fisc..%i, OR A(*couN'1'r4; OFFICIAL
D. OFFliCE AILITHORIZiATo RECEIVE PAVNIEN'rs
DARRIN BRANSON PIIONE:661-326-3831
NAME: FINANCE DERAJtTMENT
BI SINESS MANAGER FAX: 661-852-2153
Ai)DR1;.SS: PO Box 59
ADDRESS: BAKERSFIELD KA CE DE_PARTNll.:'NT
BAKERSF111,I) CA 93302
PO BOX 59
BAKERSFIELD Cry. ',,3302
F-Mali,: DBRANSON(1�, BA KFIR SH F1 Dill). US
16A
(Signature) (Date)
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SCHEDULE A
GRANT No: AL1385
GRANT DESCRIPTION
PROBLEM .STA "rENIENT
PAGE I
An annual review of fatal driving under the influence (DUI) collisions reveals that DUI incidents are typically
at their highest during th =�- winter holiday period (Christmas and New Years), the end of summer vacation / Labor
Day period, and also Nlemorial Day and Independence Day weekends. Other times with high incident oi'DUI
crimes and collisions include Halloween, Super Bowl Sunday, Cinco de Mayoajid local festivals /events with
identified DUI problems, Significant progress has been made in reducing the frc;quency 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; how.;ver, 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
GRAN "r GOALS
1. To reduce the nur_lber of persons killed in traffic collisions.
2. To reduce the nurzber of persons injured in traffic collisions.
To reduce the number of persons killed in alcohol - involved collisions dui ing holiday enforcement
periods.
4. To reduce the number of persons injured in alcohol- involved collisions dixing holiday enforcement
periods.
5. To reduce the number of persons killed in drug - involved collisions durinf: holiday enforcement periods.
6. To reduce the number of persons injured in drug- involved collisions during holiday enforcement
periods.
7. To reduce the number of persons killed countywide in alcohol - involved c711isions.
8. To reduce the number of persons injured countywide in alcohol - involved collisions.
GRANT OBJECTIVES
1. To issue a press rc fcase announcing the kick -off of the grant by November 15 of the first grant year.
The press releases and media advisories, alerts, and materials should be ernailed to the OTS Public
Information Officer at ioc)
ots.ea.aoy, and copied to your OTS Coordina t or, for approval 14 days prior
to the issuance date of the release.
OTS -3ab (Re v.7 12)
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ORIGINAL
SCHEDULE A
GRAM, No: MA385
GRANT DESCRIPTION PAGE 2
To include, when: appropriate, that an at fault driver was suspected of or ;vas in fact drug impaired (if
possible not 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 activity press releases, media advisories, alerts Find general public materials to
the OTS Public Information Officer (PIO) at iioo@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 su'ostantially 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 +o ensure adequate turn- around time. Optimum lead tim =u would be 10 -20 days prior to
the operation. Media communications reporting the results of grant activities such as 1N FORCE MENT
OPERATIONS ae 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 anc 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 '1'raflic ;safety Administration.
5. To email the OTS Public Information Officer at pio(.e�ots.ca.gov, and cop! your OTS Coordinator, at
least 3)0 days in advance a short description of any significant grant related traffic safety event or
program so that CTS 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 (brochu °es, posters, scripts, artwork,
trailer graphics, etc.), which is meant for general public use, to the OTS Fublic Information Officer at
pjo(�i;oc .ca,g )v, and copied to your OTS Coordinator, for approval 14 da'vs 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 following enforcement operations during Halloween (Ocviber 27 through
October 31, 2012;.
- DUI Saturation Patrols
OTS-38b (Rev.7 1'12) O� 6AKF�0
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ORIGINAL
SCHEDULE A
GRANT NO: AL1385
GRANT DESCRIPTION PAGt;
9. To conduct the following enforcement operations and public awareness ' fforts during the NII l'SA
Winter Holiday f,,%lobilization (December 14, 2012 through January 1, 2C 13).
2 - DUI /Driver's License Checkpoints
12 - DUI Saturation Patrols
I - Multi- Agency DUI Task Force Operation
1 - Warrant Service Operation
I -Media Event
10. To conduct the following enforcement operations during Super Bowl Sunday (February 3, 2013).
I - DUI Saturation Patrol
i 1. To conduct the following enforcement operations during St. Patrick's Day (March 17, 2013).
I - DUI /Driver's License Checkpoint
3 - DUI Saturation Patrol
12. To conduct the following enforcement operations during Cinco de Mayo ;May 3 through May 5, 2013).
1 - DUI /Driver's License Checkpoint
3 - DUI Sat ".Iration Patrols
13. To conduct the following enforcement operations during the NHTSA Memorial Day I-foliday
(May 24 through May 27, 2013).
I - DUI / Driver's License Checkpoint
6 - DUI Saturation Patrols
14. To conduct the following enforcement operations during the NHTSA Independence Day Iloliday
(J,111v 4 through July 7, 2013).
2 - DL1I / Driver's License Checkpoints
6 -DUI Saturation Patrols
15. To conduct the following enforcement operations and public awareness e :forts during the Ni.,rrSA
Summer Holiday Mobilization (August 16 through September 2, 2013).
2 - DUI /Driver's License Checkpoints
12 - DUI Saturation Patrols
1 - Multi- Avcncy DUI Task Force Operation
I - Warrant Service Operation
I - Media Event
O I 5 -38b (Rev.7i 12) �
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ORIGINAL
SCHEDULE A
GRANT No: AL1385
I GRANT DESCRIPTION PAGE
16. To conduct the following enforcement operations during county fairs, fe,':tivals, and other community
events with identified DUI problems.
9 - DUi Savuration Patrols
17. To increase DUI arrests during each NFITSA holiday /mobilization enforcelment period:
• Winter Holiday Mobilization
• Memorial Day Weekend
+ Independence Day
• Summer holiday Mobilization
13. To conduct Avoid public information campaigns during:
• Winter I Ic lidav Mobilization
• Summer I Ioliday Mobilization
• Memorial Day
• Independence Day
• Halloween
• Super Bovd Sunday
• St. Patrick's Day
• Cinco de Mayo
• County fairs, festivals and other community events with identificc DUI problems.
19. To submit operati )nal data for the following NHSTA Holiday Mobilization Campaigns to the OTS
Avoid Coordinatcr within 45 days after each mobilization. Note: This data is important as it is
forwarded to NI I TSA for national campaign reporting.
• Winter Hoiidav Mobilization
• Memorial Day Weekend
• Independence Day
• Summer holiday Mobilization
20. "fo conduct 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.
21. To host a 16 -hour, POST- certified '`Advanced Roadside Impaired Driving; Enforcement" training
course.
OTS -38b (Rev.7 112)
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ORIGINAL
SCHEDULE A
GRANT No: AL1385
I GRANT DESCRIPTION PAGE
!VOTE: Nothing in this `agreement" shall be interpreted as a requirement. formal or informal, that a
particular police i fficer issue a specified or predetermined number of'citations in pursuance of the goals
and objectives herew. -filer.
VOTE: To enhance t %ae overall deterrent effect and promote high visibility, it is recommended the grantee
issue an advance press release for each checkpoint operation. For combinaii rn DUL'DI, checkpoints,
departments should hssute press releases that mention DL 's will be checked at the DUIiDI, checkpoint. Signs
for D(>I, %DI, checkpoint operations should read "DUI /Driver's License Chec) point Ahead " 07S does not
fztnd or support independent DL checkpoints. Only on an exception basis and with 07',S pre- approval will
07S. tnd checkpoint = operations that begin prior to 1800 hours.
METHOD OF PROCEDURE,
Phase 1 — Program Preparation (1st Quarter of the Grant Year)
Develop a Memorandum of Understanding (MOU) with each participating agent °v that details enforcement
activities to be conducted and personnel, number of hours required, and rate of cc;mpensation for each position.
If appropriate a supervisor(s) should attend OTS- sponsored "DUI Checkpoints — i?lan.ning 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.
'c'orm an '`Avoid Committee" comprised of representatives of all agencies participating in the program to
coordinate and develop DUI operational plans, schedules and media efforts by 0,.tober 30 of each grant year.
llold the first Avoid Committee meeting and designate a committee chair and a s =eering sub - committee elected
by committee members, by October 30 of each grant year. The steering sub-committee shall be comprised of at
least three members representing local, county and state law enforcement. The st °;ering sub - committee wil
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 I st for she Spring and July Enforcement Schedules.
• July 1 st for the Summer Enforcement Schedules.
Clain commitment from law enforcement executives in the county on the campai�,ns and encourage them to
emphasize DUI enforcement during all phases with officers on regular patrols any, by allocating overtime hours
to extra units, participatin 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.
OTS -38b (Rev.7113) > r
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ORIGINAL
SCHEDULE A
GRANT No: AL1385
I GRANT DESCRIPTION PAGL: b
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 DI f I enforcement with grant
funding have received NI ITSA- 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 reease, campaign calendar, departmental plans and fact sleet. The material will
emphasize the campaign's serious, aggressive enforcement and the high cost of UUI in terms of money,
criminal consequences and human misery. The information for each campaign p=ariod will be completed by
December 1; May 15; June 15 and August 1.
Partner, where applicable, with other County Avoid programs with regional Avoid media efforts to maximize
the overall goal of the Avoid Grants — Enforcement and Public Awareness.
Phase 2 — Program Operations (2 °d, 3 I and 4'h Quarters of the Grant Year)
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 °i:3'itiate from DUI checkpoints
and/or other grant supported activities or operations. Some of the crime statistics to be collected include
narcotic arrests, confiscat::d weapons, stolen vehicles recovered, criminal misdemeanor arrests, criminal felony
arrests, and felony warrart arrests.
Following each of the Wi Ater and Summer NHSTA Holiday Mobilization Camp::igns, the collection of required
data from all grant funded DUI activities will be recorded and the NHTTA Mobilization Data Sheet will be
completed and forwarded via fax or email to the OTS Avoid Coordinator (it will then be reported to NII"I'SA for
inclusion in their Nationai Mobilization campaign statistics).
Agencies are required to collect and report quarterly, appropriate data that suppor is 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 (APRs). 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 accomplish vents. They will include
information concerning clianges made by the Grant Director in planning and guiding the project efforts.
OTS- 38b (Rev.7 /i2) U C
ORIGINAL
SCHEDULE A
GRaNT No: AL1385
GRANT .DESCRIPTION I)AGE 7 I
Reports shall be complet:�d and submitted in accordance with OTS requirements specified in the Grant Program
Manua].
METHOD OP EVALUATION
Using the data compiled during the grant, the Grant Director will prepare the Exfcutive 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 ontributed 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 of Bakersfield. Every effort will be mAe to continue the activities
after the grant conclusiol,
O'ITS -38b (Rev.7 /12)
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ORIGINAL
chant Management
SCHEDULE B
DETAILED BUDGET ESTIMATE
GRANT NO. AI.1385
20.608
$
FUND NUMBER
CATALOG NUMBER (CFDA)
10,080.00
FUND DESCRIPTION
164AL
20.608
'
I:PEAT OFFENDERS FOR
DRIVING WHILE
INTOXICATED
$
2,873.00
Category Sub -Total
COST CATEGORY
$
FISCAL YEAR ESTIMATES
T OTAL COST TO GRANT
A. PI?RSONNEL COSTS
CFDA
FY -1
10/1/12 - 9/30/13
Positions and Salaries
20.608
$
4,000.00
$
4,000.00
Overtime
Category Sub -Total
$
4,000.00
$
DUI /DL Checkpoints
C. CONTRACTUAL, SERVICES
20.608
$ 57,304.00
$
57,304.00
0111 Saturation Patro's
Phlebotomist
20.608
$ 39,858.00
$
39,858.00
Multi - Agency DUI Task Force Operations
20.608
$ 2,770.00
$
2,770.00
Warrant Service Operations
92,551.00
20.608
$ 1,964.00
$
1,96=1.00
chant Management
20.608
$
10,080.00
$
10,080.00
PIO _
20.608
$
2,873.00
$
2,873.00
Category Sub -Total
$
114,849.00
$
114,849.00
B. TRAVEI, EXPE NSE
In -State
20.608
$
4,000.00
$
4,000.00
Category Sub -Total
$
4,000.00
$
4,000.00
C. CONTRACTUAL, SERVICES
Phlebotomist
20.608
$
3,600.00
$
3,600.00
Allied Agency Operations
20.608
$
92,551.00
$
92,551.00
Category Sub -Total
$
96,151.00
$
96,151.00
D. EQUIPMENT
None
$0.00
$0.00
Category Sub -Total
$0.00
$0.00
F.,. 0T11FR DIRECT COSTS
DUI Checkpoint Supplies
20.608
$
5,000.00
$
5,000.00
F. INDIRECT COSTS
Category Sub -Total
$
5,000.00
$
5,000.00 {
None
$0.00
$0.00
Category Sub -Total
$0.00
$0.00
GRANT TOTAL
$
220,000.00
$ 220,000.00
OTS -38d (Rev. 6/12)
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ORIGINAL
SCHEDULE B -1
GRANT No. AL1385
BUDGET NARRATIVE Page I
PERSONNEL COSTS
Budgeted grant activities; will be conducted by agency personnel on an overtime basis.
Overtime for grant fund(;d law enforcement operations may be conducted by pe 'sonnel such as a Lieutenant,
Sergeant, Corporal, Deputy, Officer, Community Services Officer, Dispatcher, (tc., depending on the titles
used by the agency and he 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 thu following operations:
DIJI /DL Checkpoints, GUI Saturation Patrols, Multi- Agency DUI Task Force Operations, and Warrant
Service Operations.
Grant management duties will include planning and coordinating multi - agency r ctivities, 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, prepa ing and disseminating press
releases, arrest and collision data collection and other duties related to the media objectives.
Costs are estimated based on an overtime hourly rate range of $30.78/hr to $76.�,6/hr.
Overtime reimbursemerr {. (OT hourly rate and benefit) will reflect actual costs of the personnel conducting
the appropriate operation up to the maximum range specified. No benefits will be reimbursed from this
grant.
TRAVEL E\PENSF
Costs are included for appropriate staff to attend conferences and training event: supporting the grant goals
and objectives and'or traffic safety. Local mileage for grant activities and meetings is included. _anticipated
travel may include the Governors Highway Safety Association annual meeting. All conferences, .seminars
or training not specifically identified in the Schedule B- 1(Budget Narrative, must be approved by OTS.
.Ill travel claimed must be at the agency approved rate. Per Diem may not he ciaimed.for meals provided at
cor?Prence>s when registration fees are paid with 07S grant funds.
CONTRACTUAL SERVICFS
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.
O 1'S -3 8f (Rev. 7/12)
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ORIGINAL
SCHEDULE B -1
GRAM, No. AL1385
BUDGET NARRATIVE page 2
Allied Agency Operations — Memorandums ol'Understanding (MOU) or contracts will be developed with
each participating allied agency that details overtime costs to be reimbursed. r ":'lied agency personnel may
participate in the following operations: DUI /DL Checkpoints, DUI Saturation Patrols. Multi - Agency DUi
"Task Force Operations, and Warrant Sweeps.
EQUIPMENT
None
O'riIER DIRECT COSTS
DUI Checkpoint Supplies- On -scene supplies needed to conduct sobriety chce' points. Costs may include
28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high vis.'bility vests (maximum o
10), generator, gas for -enerators, lighting, reflective banners, flares, PAS device supplies, heater, propane
for heaters, fan and canopy. ;additional items may be purchased if approved lit, :OTS. The cost of food and
beverages will not be rembursed.
INDIRECT COSTS
None
PROGRAM INCOME
There will be no program income generated from this grant.
OTS -381' (Rev. 7/12)
ORIGINAL
OTS -38d (Rev. 6/12) SCHEDULE B
DETAILED SUB - BUDGET ESTINIATl ;.
GRANT N0. AL 1385
Allied Agencies
FUND NUMBER
CATALOG NUMBER (CFDA)
FUND DESCRIPTION
164AL
20.608
MINIMUM PENALTIES FOR
REPEAT OFFENDERS FOR
DRIVING WIIILI
COST CATEGORY
FISCAL YEAR ESTIMATE'
TOTAL COST TO GRANT
CFDA FY -1
10/1/12 - 9/30/13
A. PERSONNEL: `'OSTS
Positrons and Salaries
Ovel-time
1. DUI /DL Checkpoints
20.608
$ 46,480.00 i $ 46,480.00
2. DUI Saturation Patrols
20.608
$ 40,928.00 $ 40,928.00
3. Multi- Agencv"'ask Force Operations
20.608
$ 1,682.00 $ 1,682.00
4. Warrant Servicz Operations
5. Benefits
20.608
$ 2,138.00: $ 2,138.00
$ 1,323.00 $ 1,323.00
Category Sub-Totall $ 92,551.00) $ 92,551.00
B. TRAVEL EXPENSE
None $ _
Category Sub-Totall $
C. CONTRACTUAL SERVICES
None
Category Sub-Totall
I $ - $
D. EQUIPMENT
None
$
Category Sub-Totall
I
$ - $
E. OTHER DIRI?CT COSTS
None.
Category Sub - "Total
$ - $ -
F. INDIRECT COSTS
None
$ -
Category Sub -Total
$ - $ -
GRANT TOTALI
I
$ 92,551.001 $ 92,551.00
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OTS -38d (Rev 6/12) ORIGINAL
FUND NUMBER
SCHEDULE B
DETAILED SUB - BUDGET ESTIMATh4_
GRANT NO. AL1385
Phlebotomist
CATAI..OG NUMBER (CFDA)
--
FUND DESCRIPTION
I64r':L
20.608
MINIMUM PENALTIES FOR
REPEAT OFFENDERS FOK
DRIVING WHII..E
INTOXICATED
COST CATEGORY
FISCAL YEAR ESTI
LM, ATES
TOTAL COST
TO GRANT
A. PERSONNEL, COSTS
CFDA
FY -1
10/1/12 - 9/30/13
Positions and Salaries
Phlebotomist - 1 ;7 $32.14 per hour x 112 hours
20.608
$ 3,600.00
$ 3,600.00
Category Sub -Total
$ 3,600.00
11 "1 -
$ 3,600.70
13. TRAVEL EXP ENSE
None
-
1 Category Sub-Totall I $ -
i C. CONTRACTUAL :SERVICES
None
S _
$ _
Cate <ilory Sub-Total
D. EQUIPMENT
Voile
$ -
Category Sub -Total
$ -
`° -
$
F. OTHER DIRECT COSTS
None
-
$ -
Category Sub-Totall
I
$ -
S -
$
F. INDIRECT COSTS
None
-
$ -
Category Sub - Total
$
GRANT TOTALJ
$ 3,600.00 - S 3,600.00
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OTS -38d (Rev. 6/12) ORIGINAL
SCHEDULE B -1
GRAN'r No. AL1385
SUB BUDGET NARRATIVE
ALLIED AGENCIES Page 1
PERSONNEI, COSrS
Budgeted grant activities will be conducted by agency personnel on an overtime )asis.
Overtime for grant funded law enforcement operations may be conducted by per! onnel such as a Lieutenant.
Sergeant, Corporal, Dep<<ty, Officer, Community Services Officer, Dispatcher, e# c., 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 objecuves.
Personnel will be deploys .-d as needed to accomplish the grant goals and objectives. Costs are estimated
based on an overtime hourly rate range (excluding benefits). Overtime reimburs =ent will reflect actual
costs of the personnel conducting the appropriate operation up to the maximum rr:uige specified and benefits.
Costs are estimated based on an overtime hourly rate range of $55.70/hr to $70.('7;hr.
Overtime Benefit Rates
Medicare 1.45%
TOTAL BENEFIT RATE 1.45%
TRAVEL, EXPENSE
None
CONTRACTUAL SERVICES
None
EQUIPMENT
N one
O'rtmit DIRECT COSTS
None
OTS- 38F(Rev. 7/12)
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ORIGINAL
SCHEDULE B -1
GRANT No. AL1385
SUB BUDGET NARRATIVE
ALLIED AGENCIES Page 2
INDIRECT COSTS
None
PROGRAM INCONlF
"There krill be no program income generated from this grant.
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OTS -38f (Rev. 7/12)
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ORIGINAL
SCHEDULE B -1
GRANT No. AL1385
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ORIGINAL
CAU1`0RNIA
OFFICE of TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
Failure to comply with applicable Federal statutes, regulations, and directives may sub �!ct Grantee Agency officials to
civil or criminal penalties and /or place the State in a high risk grantee status in accorda =ice with 49 CFR §18.12.
The officials named on the Grant Agreement, certify by way of signature on the Grant Ag *eement signature page, that
the Grantee Agency complies with all applicable Federal statutes, regulations, and dire( ives and State rules, guidelines,
policies and laws in effect with respect to the periods for which it receives grant fund in;. 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 govei ning highway safety programs
• NHTSA Order 462 -6C - Matching Rates for State and Community Highway Safet,= Programs
• Highway Safety Grant Funding Policy for Field- Administered Grants
Certifications and Assurances
The Grantee Agency will implement activities in support of national highway safety goals to reduce motor vehicle
related fatalities that also reflect the primary data - related crash factors within the State as identified by the State
highway safety planning process, including:
• National law enforcement mobilizations,
• Sustained enforcement of statutes addressing impaired driving, occupant prote _-tion, and driving in excess of
posted speed limits,
• An annual statewid2 safety belt use survey in accordance with criteria established by the Secretary for the
measurement of St3te safety belt use rates to ensure that the measurements ace accurate and representative,
• Development of statewide data systems to provide timely and effective data analysis to support allocation of
highway safety resources.
The Grantee Agency shall actively encourage all relevant law enforcement personnel in the State to follow the guideiines
established for vehicular pursuits issued by the International Association of Chiefs of Poice that are currently in effect.
(23 USC 402 (b) (1) (E)
Other Federal Requirements
Cash disbursements and ba':ances will be reported in a timely manner as required by NF=TSA. (49 CFR 18.21)
The same standards of timing and amount, including the reporting of cash disbursement. and balances, apply to grantees
as they do the State. (49 CFR 18.41)
Failure to adhere to these provisions may result in the termination of State drawdown privileges.
Equipment acquired under Phis Grant Agreement for use in highway safety program areas shall be used and kept in
operation for highway safety purposes by the Grantee Agency; or the State, by formal areement with appropriate
1 Certifications and Assurances (Rev. 6/12) O� ��
F- to
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ORIGINAL
CALIFORWA
OFFICE of TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
officials of a political subdivision or State agency, shall cause such equipment to be used and kept in operation for
highway safety purposes (23 CFR 1200.21);
The Grantee Agency will comply with all applicable State procurement procedures and ,vill maintain a financial
management system that complies with the minimum requirements of 49 CFR 18.20;
Federal Funding Accountability and Transparency Act
The State will comply with FFATA guidance, OMB Guidance on FFATA Subaward and Executive Compensation Reporting,
August 27, 2010,
(https: / /www.fsrs.gov/ documents / OMB_ Guidance– on – FFATA_Subaward_and_Executi -e_Compensation_Reportirig_08
272010.pdf) by reporting to FSRS.gov for each sub -grant awarded:
a Name of the entity receiving the award;
0 Amount of the award;
0 Information on the award including transaction type, funding agency, the North American Industry Classification
System code or Catalog of Federal Domestic Assistance number (where applicable), program source;
a Location of the entity receiving the award and the primary location of performance under the award, including the
city, State, congressional district, and country; , and an award title descriptive of this: purpose of each funding action;
a A unique identifier (DUNS);
® The names and total compensation of the five most highly compensated officers of :he entity if -- of the entity
receiving the award ant; of the parent entity of the recipient, should the entity be o yvned by another entity;
(i) the entity in the preceding fiscal year received—
(1) 80 percent or more of its annual gross revenues in Federal awards; and(II) $25,000,000 or more in annual
gross revenues from Federal awards; and(ii) the public does not have access to information about the
compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of
1986;
a Other relevant information specified by OMB guidance.
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 (P.L. 88 -352) which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) THE 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 (42 USC § 1210;.., et seq. PL 101 -336), 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 Dru; Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as a =mended, relating to
nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of
alcohol abuse and alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd -3 and 290
ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records: (h) Title VIII of the Civil Rights
--3 - --
2 1 Certifications and Assurances (Rev. 6/12)
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ORIGINAL
C -NUf ORNIA
OFFICE of TRAFFIC SAFETY
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
Act of 1968 (42 U.S.C. §§ 3,501 et seq.), as amended, relating to nondiscrimination in ti, a sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under whip: h application for Federal
assistance is being made; The Civil Rights Restoration Act of 1987, which provides that :any portion of a state or local
entity receiving federal furds will obligate all programs or activities of that entity to comply with these civil rights laws;
and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
The Drug -free Workplace Act of 1988 (41 U.S.C. 702;):
The Grantee Agency will provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace.
2. The grantee's policy of maintaining a drug -free workplace.
3. Any available d-ug counseling, rehabilitation, and employee assistance programs.
4. The penalties that maybe imposed upon employees for drug violations occ,.arring in the workplace.
C. Making it a requirement that each employee engaged in the performance of thcti grant be given a copy of the
statement required by paragraph (a).
d. Notifying the employee in the statement required by paragraph (a) that, as a cccndition of employment under
the grant, the employee will:
1. Abide by the terms of the statement.
2, Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace r.o
later than five days after such conviction.
e. Notifying the agency within ten days after receiving notice under subparagraph 'd) (2) from an employee or
otherwise receiving actual notice of such conviction.
Taking one of the following actions, within 30 days of receiving notice under Subparagraph (d) (2), with respect
to any employee who is so convicted:
Taking appropriate personnel action against such an employee, up to and including termination.
Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by Federal, State, or local health, law enforcemt!nt, or other appropriate
agency.
g. Making a good faith effort to continue to maintain a drug -free workplace throufh implementation of paragraphs
(a), (b), (c), (d), (e), and (f) above.
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Buy America Act
The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C.. 323(j)) which contains the
following requirements:
Only steel, iron and manufictured 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 im-lusion 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, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501 -1508 and 7324-
7328) which limit the political activities of employees whose principal employment activities are funded in whole or in
part with Federal funds.
Certification Regarding Fecerai Lobbying
Certification for Contracts, grants, Loans, and Cooperative Agreements
The Grantee Agency official certifies, to the best of his or her knowledge and belief, tha`�:
No Federal appropriated funds have been paid or will be paid, by or on behalf cf 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 Federr; ,Al 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 C::ongress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this F + :.;!deral contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard F : :rrm -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The Grantee Agency official shall require that the language of this certification to included in the award
documents for all sub -award at all tiers (including sub - contracts, sub - grants, and, contracts under grant, loans,
and cooperative agreements) and that all sub - recipients 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.
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designee 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 ") lobaying 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 mending legislative proposal.
Certification Regarding Debarment And Suspension
Instructions for Primary Certification
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 Grantee Agency official 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 r €diance 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 Governmen t, the department or agency may terminate this transaction for cause or default.
4. The Grantee Agency official shall provide immediate written notice to the depa tment 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 coveed transaction, participant,
person, primary covered transaction, principal, proposal, 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 asp- =stance in obtaining a copy of
those regulations.
6. The Grantee Agency official agrees by submitting this Grant Agreement that, should the 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 thk� department or agency entering
into this transaction.
7. The Grantee Agency official further agrees by submitting this Grant Agreement that it will include the clause
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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 lo,,ver tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prosper -tive participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9. 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, ur iess 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.
Nothing contained in the foregoing shall be construed to require establishmew" 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 persor 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 off e ise in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; vio'ation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of record, making false statements, or rr Teiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
d. Have not within, a three -year period preceding this application /proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
2. Where the Grantee Agency official is unable to certify to any of the Statements ';n this certification, such Grantee
Agency official shall attach an explanation to this Grant Agreement.
Instructions for Lower Tier Certification
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I. By signing and submitting this Grant Agreement, the prospective lower tier participant is providing the
certification set out below.
2. The certification it this clause is a material representation of fact upon which reliance was placed when this
transaction was er:tered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erron -=ous 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 le-arns 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 cow red transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily exclud'ed, 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 proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction; unless authorized by the
department or agency with which this transaction originated.
6. The prospective louver tier participant further agrees by submitting this proposza that is 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, ineii&5'e, 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 (etermines 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.
9. Except for transactions authorized under paragraph S of these instructions, if a ; :)articipant in a covered
transaction knowingly enters into a lower tier covered transaction with a persoi 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 governrr !nt, the department or agency
7 Certifications and Assurances (Rev. 6/12)���w��+ O�F9
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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:
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, declare?E ineligible, or voluntarily
excluded from paricipation 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 Agreeme it.
Policy to Ban Text Messaging While Driving
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT
Order 3902.10, Text Messaging While Driving, Grantee Agencies are encouraged to:
I. Adopt and enforce workplace safety policies to decrease crashes caused by dis'':racted driving including policies
to ban text messaging while driving-
a. Company -owned or — rented vehicles, or Government - owned, leased or re ted vehicles; or
Privately -owned when on official Government business or when performin -v any work on or on behalf of the
Government.
2. Conduct workplace safety initiatives in a manner commensurate with the size cf the business, such as-
Establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging
while driving; and
Education, awareness, and other outreach to employees about the safety risks associated with texting while
driving.
Environmental Impact
The Grantee Agency official has reviewed the Grant Agreement and hereby declares that no significant environmental
impact will result from impk2menting this traffic safety program. If, under a future revision, this program will be
modified in such a manner that a program would be instituted that could affect environmental quality to the exter:t that
a review and statement would be necessary, this office is prepared to take the action necessary to comply with the
National Environmental Policy Act of 1969 (42 USC 4321 et seq.) and the implementing 'regulations of the Council on
Environmental Quality (40 CFR Parts 1500 - 1517).
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