HomeMy WebLinkAboutAgreement A-21-387 with OTS.pdfState of California -Office of Traffic Safety
GRANT AGREEMENT
1. GRANT TITLE
Alcohol and Drug Impaired Driver Vertical Prosecution Program
2. NAME OF AGENCY 3. Grant Period
Fresno County From : 10/01/2021
4. AGENCY UNIT TO ADMINISTER GRANT To : 09/30/2022
Fresno County District Attorney's Office
5. GRANT DESCRIPTION
GRANT NUMBER
D122025
The County District Attorney's Office (or City Attorney's Office) will assign a specialized team to prosecute
alcohol and drug impaired driving cases. The DUI prosecution team will handle cases throughout each step of
the criminal process. Prosecution team members will work to increase the capabilities of the team and the
office by obtaining and delivering specialized training. Team members will share information with peers and
law enforcement personnel throughout the county and across the state . The office will accomplish these
objectives as a means to prevent impaired driving and reduce alcohol and drug-involved traffic fatalities and
injuries.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $505,500.00
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 -Problem Statement, Goals and Objectives and Method of Procedure
• Schedule B -Detailed Budget Estimate and Sub-Budget Estimate (if applicable)
• Schedule 8-1 -Budget Narrative and Sub-Budget Narrative (if applicable)
• Exhibit A -Certifications and Assurances
• Exhibit B* -OTS Grant Program Manual
• Exhibit C -Grant Electronic Management System (GEMS) Access
*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 .gov.
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
NAME : Steve E. Wright ADDRESS : Steve Brandau
TITLE : Assistant District Attorney Chairman , Board of Supervisors
EMAIL : swright@fresnocountyca .gov district2@fresnocountyca.gov
PHONE: (559) 600-4430 (559) 600-4000
ADDRESS : 2100 Tulare St. 2281 Tulare Street. Room 300
Fresno , CA 93721 Fresno , CA 93721
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(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Stephen A. Rusconi ADDRESS : Barbara Rooney
Business Manager Director
srusconi@fresnocountyca .gov barbara .rooney@ots.ca .gov
559-600-4447 (916 ) 509-3030
2100 Tulare Street 2208 Kausen Drive , Suite 300
Fresno , CA 93721 Elk Grove , CA 95758
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(Signature) (Date) (Signature) (Date)
8/27/2021 11 :16:05 AM Page 1 of 19
Agreement No. 21-387
8/27/2021 11:16:05 AM Page 2 of 19
E . ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME : Carolyn Vu
ADDRESS : 2208 Kausen Drive , Suite 300
Elk Grove , CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION
405d AL-22 20 .616 0521-0890-101
SAM#: Y7RPN7N8XQY4
REGISTERED
ADDRESS : 2100 Tulare Street
C1TY : Fresno
ZIP+4 : 93721-2103
F.Y. CHAPTER STATUTE
2021 21/21 BA/21
AGREEMENT
TOTAL
PROJECTED
EXPENDITURES
$505 ,500 .00
$505,500.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$505,500.00
I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and
purpose of the expenditure stated above . AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
C,,..,?"//u Sep 27, 2021 $505,500.00
8/27/202111:16:0SAM Page 3 of 19
8/27/2021 11:16:05 AM Page 4 of 19
State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
DI22025
1. PROBLEM STATEMENT
It covers over 6,000 square
miles. Fresno County has an estimated population of 1,023,358 as of January 1, 2020, making it the tenth
largest county by population in the state. [CA Dept. of Finance, Jan 1, 2020 statistics report.] Fresno
County is the sixth largest county in California by area, covering 5,958 square miles. Fresno is the county
seat and the largest city in the county. The City of Fresno has the fifth-largest population in the state at
545,769 [CA Dept. of Finance, Jan 1, 2020 City Population Rankings.] At an estimated rate of 20.5%,
Fresno County has a much higher number of its population below the federal poverty level than the State of
California which is at 10.5%.
Fresno County remains one of the most agriculturally productive counties in the nation, producing several
crops which are commercially grown only in Fresno County. [Fresno County Farm Bureau, 2017]. Fresno
County includes over 1.65 million acres of farmland. [USDA Census of Agriculture 2017.] As such, there
are over 7,000 miles of maintained roads in Fresno County and approximately 2,500 miles of paved
roadway in the city of Fresno. Fresno County is comprised of fifteen cities, twelve of which are included in
There are 28 census-designated places (communities)
and another seven unincorporated communities for a total of 50 communities within Fresno
County. [Census Bureau, 2010 Census]
In addition to the vast miles of country roads, there are twelve major highways in Fresno County, which
include Interstate 5 and State Routes 33, 41, 43, 63, 99, 145, 168, 180, 198, 201 and 269. However, nearly
-lane undivided roads. [CA
Dept. of Transportation Report 2017].
The agricultural make-up of Fresno County has created many agricultural industry jobs available throughout
the county. -lane
undivided roads. Fresno County drivers are at a higher risk of being involved in a collision with a DUI/DUID
driver with higher risk of serious or fatal injuries on those rural roads. The agricultural industry jobs bring
A growing problem facing Fresno County is the effective education, enforcement, and successful
prosecution of DUID marijuana and combo cases. With the legalization of marijuana use by adults, the rise
between the ages of 18 and 35.
As evidenced in other states that have legalized recreational marijuana, Fresno County anticipates DUID
drug and combo filings to continue to increase at an alarming rate. In the State of Colorado, traffic fatalities
decreased 14.8% from 2007 to 2012, however, traffic fatalities involving drivers who tested positive for
marijuana increased 100%.
alcohol related collisions. Clearly, Fresno County has a serious traffic safety problem with younger aged,
impaired drivers. Many of the fatal collisions in 2018 and 2019 in Fresno County involved impaired drivers
between 18 and 35 years of age.
DUI recidivism is also a problem in Fresno County. Among the larger counties, the rate at which first
offenders had a subsequent DUI incident within 1 year varied from 5.1% in Fresno to 2.8% in Los
Angeles. [2018 Annual Report of the California DUI Management Information System, p.77.]
Department, fourteen city Police Departments and Fresno State College campus police. With the various
smaller police departments continually undergoing personnel changes, it is extremely challenging to keep all
of our local law enforcement current on important DUI legal updates and on call-out protocol regarding DUI
collisions involving serious injuries or death.
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With these problem areas in mind, the IVPP team will be focusing on education, continuing to provide legal
updates for local law enforcement, with an emphasis on the smaller agencies, as well as keeping the
general public informed, with an emphasis on the younger population. Additionally, the IVPP team will be
focused on the education of non-IVPP team prosecutors regarding the changing law pertaining to and
consequences of impaired driving prosecution and conviction.
2. PERFORMANCE MEASURES
A. Goals:
1. Improve the prosecution knowledge and expertise of DUI Alcohol, DUI Drug and DUI Alcohol/Drug
Combination cases.
2. Increase the number of DUI Alcohol, DUI Drug and DUI Alcohol/Drug Combination cases filed and
prosecuted.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The
kick-off press releases and media advisories, alerts, and materials must 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.
1
2. Create or expand a Vertical Prosecution Program with the City Attorney or District
Attorney's Office by November 30. The program will facilitate the prosecution of all
DUI drug cases, all DUI alcohol and drug combination cases, and if applicable, all
felony DUI alcohol cases with death or injury.
1
3. Designate prosecutor position(s) and investigator position(s) to the DUI caseload
to prosecute DUI Alcohol, DUI Drug and DUI Alcohol/Drug Combo cases. The
individual(s) will be dedicated solely to this assignment allowing them to gain
expertise in the investigation and prosecution of DUI Alcohol, DUI Drug, and DUI
Attorney -funded DUI Vertical Prosecutor
position(s) should remain the same throughout the term of the grant.
2
4. Develop and implement a system for gathering, tracking, and reporting all DUI
case reviews, filings, and outcomes in the county/city by December 31,
differentiating between: 1) DUI Alcohol-only; 2) DUI Drug-only; and 3) DUI
Combination
1
5. Report on all DUI case reviews, filings and outcomes in the county or city
throughout the grant, differentiating between: 1) DUI Alcohol-only; 2) DUI Drug-
only; and 3) DUI Combination Alcohol and Drug cases.
1
6. Partner with the California Traffic Safety Resource Prosecutor Training Network to
provide comprehensive training in the prosecution of DUI Alcohol and DUI Drug
cases with an effort to reach prosecutors and investigators.
1
7. Send the funded prosecutor(s) to trainings/meetings sponsored by OTS and/or the
California Traffic Safety Resource Prosecutor Training Network.
1
8. Coordinate and host four regional roundtable law enforcement meetings (one each
quarter, with telephone or internet conference capabilities) to provide information
on the DUI Vertical Prosecution Program, interact with law enforcement to identify
means to improve DUI investigation and prosecution, and assess technical
assistance needs for training on DUI investigation and court testimony. OTS staff,
local law enforcement, CHP and probation staff should be included in the
roundtable. Agenda and minutes should be produced and distributed. All four
meetings for the year should be scheduled in the first quarter of the grant.
4
9. Coordinate with local law enforcement agencies on the development of an on-call
response protocol for the investigation of fatal and major injury DUI vehicle
crashes, and to report on response activities
1
10. Participate in at least one DUI saturation ride-along and attend/observe at least
one DUI checkpoint. Note: The funded vertical prosecutor(s) and investigator
should participate within the first quarter of the grant. Saturation patrol ride-along
and checkpoint observation may be combined into one evening.
1
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11. Respond to at least one fatal DUI crash investigation scene. Note: The funded
vertical prosecutor(s) and investigator(s) should achieve this objective within the
first quarter of the grant.
1
3.METHOD OF PROCEDURE
A.Phase 1 Program Preparation (1st Quarter of Grant Year)
Recruit and hire all staff for the grant.
Procure all materials necessary to implement the grant.
Identify dates and schedule the four Roundtable Meetings (one each quarter with telephone
conference capabilities). Notify the OTS coordinator of the dates. Meetings are meant to provide
information on the DUI Vertical Prosecution Program, interact with law enforcement to identify
means to improve DUI investigation and prosecution, and assess technical assistance needs for
training on DUI investigation and court testimony. OTS staff, TSRP staff, local law enforcement,
CHP and probation staff should be included in the roundtable. Agenda and minutes should be
produced and distributed. All four meetings for the year should be scheduled in the first quarter
of the grant.
Develop protocols to be used to measure the success of the DUI Prosecution Program.
Conduct training for all program staff outlining the goals and objectives of the project.
Refer cases for prosecution to the grant-funded Deputy District/City Attorney(s).
Transfer all pending DUI cases which qualify under this program so that vertical prosecution may
begin.
Develop a training protocol for law enforcement agencies within the county, and start a process
of coordinating all reporting, investigation, and referral of cases that qualify under the grant.
Media Requirements
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by
November 15, but no sooner than October 1. The kick-off release must be approved by the OTS
PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the
November 15 deadline to issue a kick-off press release, communicate reasons to your OTS
coordinator and OTS PIO.
B. Phase 2 Program Operations (Throughout Grant Year)
Prosecution will be on-going. The Deputy District/City Attorney(s) will review DUI cases from all
law enforcement agencies in the county/city.
Training for law enforcement personnel, District Attorney Investigators and other Deputy
District/City Attorneys will begin and continue throughout the program.
Prosecutor(s) will:
a) Work to secure convictions (as justice requires) and appropriate sentences that reflect the public
safety risk posed by the offender.
b) Mentor trial attorneys on how to successfully try high-risk DUI offenders.
c) Host Quarterly Roundtable meetings with law enforcement personnel, TSRP and OTS Coordinator.
d) Work with the TSRP to obtain and deliver high quality DUI prosecution training programs to non-grant-
funded prosecutors.
e) Work with the TSRP to obtain and deliver high quality DUI investigation, report writing and courtroom
testimony training programs to law enforcement personnel (police officers, deputies, District Attorney
Investigators and crime lab scientists).
f) Attend training programs that cover evaluation and preparation of DUI drug cases, marijuana,
-examination of experts,
SFST evidence, jury considerations and toxicology evidence, and incorporate this information into DUI
trainings for attorneys and law enforcement personnel.
-Certified training, if not already trained. Note: The funded
vertical prosecutor(s) and investigator(s) should achieve this objective within the first quarter of the grant.
Media Requirements
The following requirements are for all grant-related activities
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts,
storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO
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at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7
days before the scheduled release but at least 3 business days prior to the scheduled release
date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency
understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any
cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press
releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is
distributed to the media and public, such as a press release, educational material, or link to social
media post. The OTS-supplied kick-off press release templates and any kickoff press releases
are an exception to this policy and require prior approval before distribution to the media and
public.
If an OTS-supplied template, educational material, social media graphic, post or video is
substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval
and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled
release date, but at least 3 business days prior to the scheduled release date for review and
approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting
immediate and time-sensitive grant activities (e.g. enforcement operations, day of event
highlights or announcements, event invites) are exempt from the OTS PIO approval process. The
OTS PIO and your Coordinator should still be notified when the grant-related activity is
happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints,
etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are
embargoed or could impact operations by publicizing in advance are exempt from the PIO
approval process. However, announcements and results of activities should still be copied to the
OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a
specific grant objective, using OTS grant funds, or designed and developed using contractual
services by a subgrantee, requires prior approval. Please send to the OTS PIO at
pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the
scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving
Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints,
etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are
highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters,
scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid
media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS
Coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety,
through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or
earned social media campaign grant objective; consult your OTS Coordinator for specifics,
format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in
advance, or when first confirmed, a short description of any significant grant-related traffic safety
event or program, particularly events that are highly publicized be forehand with anticipated media
coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including
any media coverage (broadcast, digital, print) of event within 7 days following significant grant-
related event or program. Media and program highlights are to be reflected in QPRs.
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Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any
educational or informational materials that received PIO approval in a prior grant year needs to
be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the
above requirements might be warranted.
C. Phase 3 Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and
October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant
media activities. Include status of grant-funded personnel, status of contracts, challenges, or
special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
ould also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
DI22025
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
405d AL-22 20.616 Impaired Driving
Countermeasures
$505,500.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
Deputy DA IV 405d AL-22 $66.45 2,080 $138,216.00
Benefits-Deputy DA IV 405d AL-22 $138,216.00 1 $111,278.00
Deputy DA IV 405d AL-22 $66.45 2,080 $138,216.00
Benefits-Deputy DA IV 405d AL-22 $138,216.00 1 $111,278.00
Overtime
$0.00
Category Sub-Total $498,988.00
B. TRAVEL EXPENSES
In State Travel 405d AL-22 $4,012.00 1 $4,012.00
$0.00
Category Sub-Total $4,012.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Prosecution Costs 405d AL-22 $2,500.00 1 $2,500.00
Category Sub-Total $2,500.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $505,500.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
DI22025
BUDGET NARRATIVE
PERSONNEL COSTS
Deputy DA IV - Hours for prosecutor dedicated to vertically prosecute all felony cases involving driving under
the influence of alcohol and/or drugs. Hours may include wages or authorized absences, such as annual
leave and sick leave, provided they are accrued during the grant term. The prosecutors will attend training
provided by the Traffic Safety Resource Prosecutor Program and deliver training to law enforcement,
investigators and other attorneys within the District Attorney's Office.
1 x $66.45 x 2080
Benefits-Deputy DA IV - Total Benefit Rate: 80.51%
UIB .09%
Social Security/FICA/OASDI 7.18%
Worker's Compensation .53%
Health Insurance 6.48%
Retirement 66.10%
Benefit Administration .13%
Deputy DA IV - Hours for prosecutor dedicated to vertically prosecute all felony cases involving driving under
the influence of alcohol and/or drugs. Hours may include wages or authorized absences, such as annual
leave and sick leave, provided they are accrued during the grant term. The prosecutors will attend training
provided by the Traffic Safety Resource Prosecutor Program and deliver training to law enforcement,
investigators and other attorneys within the District Attorney's Office.
1 x $66.45 x 2080
Benefits-Deputy DA IV - Total Benefit Rate: 80.51%
UIB .09%
Social Security/FICA/OASDI 7.18%
Worker's Compensation .53%
Health Insurance 6.48%
Retirement 66.10%
Benefit Administration .13%
TRAVEL EXPENSES
In State Travel - 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. All conferences, seminars or training not specifically identified in the 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.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
Prosecution Costs - Expenses required for the proper prosecution of DUI cases. Costs may include witness
fees, consultation and/or testimony from experts in fields such as crash reconstruction, crush analysis,
evidence gathering, scene analysis, toxicology, oral fluid collection and alcohol and drug impairment and
effects on driving. Other costs may include fees for toxicology reports, and the testing of suspect samples in
a timely manner, the recording of traffic court proceedings, law enforcement transcriptions, copies of death
certificates, and copies of television news clips.
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INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave
and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and
(b) follows an appointment made in accordance with state or local laws and rules and meets federal
requirements.
Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the
expense of the grantee agency.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
DI22025
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page,
that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State
rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
Highway Safety Act of 1966, as amended
-59, as amended by Sec. 4011, Pub. L. 114-94
Uniform Procedures for State Highway Safety Grant Programs
part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards
Department of Transportation, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of
race, color, national origin) and 49 CFR part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and
projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as
amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the
basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of
age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of
the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid
recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places of public accommodation,
and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental effects on minority and low-income
populations); and
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP)
by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access
to programs (70 FR 74087-74100).
The Subgrantee-
nsure that no person in the United States shall, on the grounds of race,
color, national origin, disability, sex, age, limited English proficiency, or membership in any other class
protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of,
8/27/2021 11:16:05 AM Page 13 of 19
or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the
program is Federally-assisted;
t any of its subrecipients, contractors,
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non-Discrimination Authorities identified in this Assurance;
nd require its subrecipients, contractors, subcontractors, and consultants to comply) with
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
to any matter arising
under these Non-Discrimination Authorities and this Assurance;
clause:
agreement, the contractor/funding recipient agrees
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law
or regulation, as set forth in appendix B of 49 CFR part 2l and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by
the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this
contract/funding agreement, the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding
payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient
complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part;
and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and sub agreement and in
every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
8/27/2021 11:16:05 AM Page 14 of 19
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.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification
set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary tier participant shall submit an explanation of
why it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default or may
pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which
this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of
those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
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who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
Debarment, Suspension, Ineligibility and Voluntary Exclusion
the department or agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
other remedies available to the Federal government, the department or agency may terminate the transaction for cause or
default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered
Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered in to. 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
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department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and
voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom
this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower
tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal
funds only steel, iron and manufactured products produced in the United States, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest,
that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic
materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal
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funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate
basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997,
the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company-owned, rented, or personally-owned vehicles. The National Highway
Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this
Presidential initiative. For information and resources on traffic safety programs and policies for employers,
please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to
improving the traffic safety practices of employers and employees. You can download information on seat belt
programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns,
and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT
Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to
decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or
rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government
business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace
safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs
or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other
outreach to employees about the safety risks associated with texting while driving.
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1.Each agency is allowed a total of FIVE (5) GEMS Users.
2.GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly
Performance Reports (QPRs) and reimbursement claims.
3.Complete the form if adding, removing or editing a GEMS user(s).
4.The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1.Ruth Falcon
Title: Senior Accountant Media Contact: No
Phone: (559) 600-4464
Email: rfalcon@fresnocountyca.gov
2.John Tully
Title: Deputy District Attorney Media Contact: No
Phone: (559) 600-4361
Email: jtully@fresnocountyca.gov
3.Steven Ueltzen
Title: Deputy District Attorney Media Contact: No
Phone: (559) 600-4344
Email: sueltzen@fresnocountyca.gov
4.Steve E. Wright
Title: Assistant District Attorney Media Contact: No
Phone: (559) 600-4430
Email: swright@fresnocountyca.gov
State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access
Exhibit C
GRANT NUMBER
DI22025
GRANT DETAILS
Grant Number: DI22025
Agency Name: Fresno County District Attorney's Office
Grant Title: Alcohol and Drug Impaired Driver Vertical Prosecution Program
Agreement Total: $505,500.00
Authorizing Official: Steve Brandau
Fiscal Official: Stephen A. Rusconi
Grant Director: Steve E. Wright
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Complete the below information if adding, removing or editing a GEMS user(s)
GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}
Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}}
{{UserName1_es_:signer1}} {{UserTitle1_es_:signer1}}
Name Job Title
{{UserEmail1_es_:signer1}} {{UserPhone1_es_:signer1}}
Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}
Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}}
{{UserName2_es_:signer1}} {{UserTitle2_es_:signer1}}
Name Job Title
{{UserEmail2_es_:signer1}} {{UserPhone2_es_:signer1}}
Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}
Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}}
{{UserName3_es_:signer1}} {{UserTitle3_es_:signer1}}
Name Job Title
{{UserEmail3_es_:signer1}} {{UserPhone3_es_:signer1}}
Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}
Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}}
{{UserName4_es_:signer1}} {{UserTitle4_es_:signer1}}
Name
Job Title
{{UserEmail4_es_:signer1}} {{UserPhone4_es_:signer1}}
Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}
Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}}
{{UserName5_es_:signer1}} {{UserTitle5_es_:signer1}}
Name Job Title
{{UserEmail5_es_:signer1}} {{UserPhone5_es_:signer1}}
Email address
Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
{{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname}}
Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title