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HomeMy WebLinkAboutAgreement A-23-502 Amendment to Agreement with Superior Court.pdf Agreement No. 23-502 SUPERIOR COURT OF CALIFORNIA,COUNTY OF FRESNO STANDARD AMENDMENT AGREEMENT NUMBER 10-2020-DUI-3 j 1. All capitalized terms have the meanings given to them in Agreement 10-2020-DUI-0, between County of Fresno ("County") and Superior Court of California,County of Fresno ("Court"). 2. The Parties agree to Amend the Agreement as follows: A. The Agreement is extended for the period 10/1/23 through 9/30/24 with a maximum amount Not To Exceed $367,345.00. B. Contract Page 5, Section 2 of Appendix B, Compensation for Services is deleted in its entirety and replaced with: "Amount. Contractor will invoice the Court for Actual Services that are performed pursuant to this agreement; those annual amounts Not To Exceed: • Department of Behavioral Health (DBH) $170,074.00 • Probation Department $197,271.00 It is understood that DBH staffing will include one each CMHS (0.5 FTE) and SAS (I L FTE). Probation staffing will include two DPOs (1.5 FTE). Invoices must comply with grantor requirements in terms of detail included. C. Contract Page 2, Appendix A,Scope of Services is deleted in its entirety and replaced with the attached. D. Appendix F,State of California-Office of Traffic Safety Requirements, is added, and the Contractor agrees to comply with Appendix F at all times. 3. All terms and conditions of the original Agreement (as previously amended, if applicable) remain in full force and effect. COURT'S SIGNATURE CONTRACTOR'S SIGNATURE JBE'S NAME CONTRACTOR'S NAME lif Contractor is not an individual person,state whether Contractor is o corporation,partnership,etc.,and the state or territory where Contractor is organized) Superior Court of California, County of Fresno County of Fresno BY(Authorized Signoturei BY(Authorized Signature) r PRINTED NAME AND MILE OF PERSON SIGN'NG PRINT NAME 7ND T'TLE OF PERSON S!GN N�5 David Kalemkarian, Presiding Judge Sal Quintero, Chairman Board of Supervisors DATE l DATE gj'9j-&3 ADDRESS /J ADDRESS 1100 Van Ness Avenue 2281 Tulare Street Fresno, CA 93724 Fresno CA 93721 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By .� ^ t/;e�� Deputy APPENDIX A Scope of Services 1. Background and Purpose. Fresno County has a high number of Driving While Impaired (DWI) or Driving under Intoxication (DUI) cases. In order to prevent recidivism, the court hopes to provide treatment rather than simply incarceration for defendants in these cases. Defendants who wish to enter DUI Treatment Court must agree to plead guilty or no contest to their DUI criminal charges. Once the court accepts their pleas, defendants are sentenced and enter the DUI Treatment Court program in lieu of incarceration. The DUI Treatment Court program will take a minimum of 12 months and consist of two tracks, during which participants attend court regularly, engage in substance use disorder treatment and mental health therapy, as needed, attend self-help groups such as Narcotics Anonymous/Alcoholics Anonymous, check in with their probation officers regularly, and participate in frequent drug testing. The frequency of treatment sessions and court appearances in each track is based on the individual participant's progress or relapse. The Court and County will each provide staff to assist in the success of this treatment court. The Court will provide one part-time staff, the DUI Court Coordinator. The County Department of Behavioral Health (DBH) will provide one each Community Mental Health Specialist (0.5 FTE) and Substance Abuse Specialist (1.0 FTE). The Probation Department will provide two Deputy Probation Officers (1.5 FTE). Probation Department staff will report directly to the Assistant Deputy Chief Probation Officer of the Drug Suppression Unit and the Adult Probation Services Deputy Chief Probation Officer. 2. Services. 2.1 Description of Services. The services ("Services") will be as detailed below, listed by staff responsibilities. Contractor shall perform the following Services: A. The DBH Case Management staff shall be responsible for: • Assisting participants in removing any barriers to achieving sobriety and meeting the many requirements of participating in the DUI court; • Administering the DUI-RANT (Risk And Needs Triage) assessment tool to determine participants' treatment, social service, transportation, and other needs; • Actively engaging and maintaining court participants and their families in restorative services; • Working with the court Coordinator and the Deputy Probation Officer to keep the DUI court continuously apprised of participants' status; • Conducting court intakes and substance use screens for new participants entering the DUI Court; • Coordinating referrals to mental health and substance use treatment,wrap around services,and other supportive programs as necessary; • Participating in court development activities that increase access, build capacity and remove barriers for DUI Court participants that need substance use disorder and mental health rehabilitative treatment and support services; • Establishing and maintaining confidential electronic,web-based or hard copy case files for DUI Court participants for purposes of case management and outcome tracking; • Providing written results to Court from the DUI-RANT assessment tool; • Monitoring emailed reports for compliance with abstinence from alcohol through the use of a remote Breathalyzer device. Collaborating with Probation and the Court on remediation strategies for non- compliance; • Provide post-graduation resources and linkages to aftercare services to ensure that graduates can continue using community programs to assist with housing, job search/training and improved family relationships; and • DBH may modify the level of service between the CMHS and SAS to accommodate program needs with no change to annual amount upon submission to and approval of a budget modification request to OTS and approval of Court. This will not require a need for amendment to this Agreement. B. The assigned Deputy Probation Officer ("DPO") staff will be responsible for conducting the probation supervision aspect of the DUI treatment court. The DPO staff shall be responsible for the following Services: • Monitoring activities and whereabouts of program participants and other pertinent information; • Participating in DUI Court activities and meetings; • Working in collaboration with local law enforcement agencies, other governmental agencies, and community-based organizations; • Representing the Probation Department in court proceedings; • Preparing court reports, correspondence, and maintaining Probation records; • Acting as a resource or source of support to program participants and providing informal counseling and guidance; • Installing and supervising participants on alcohol monitoring equipment; • Testing participants for substance use as necessary; • Conducting field work including home contacts, searches, warrant service, and multi-agency operations; • Enforcing the orders of the Court and conditions of probation, including using sanctions and rewards correlating to participant compliance; • May administer DUI Rant assessments on a limited basis; • Monitor compliance with abstinence from alcohol through the use of a remote Breathalyzer device (Sober Track) as agreed upon by the collaborative team; • Monitor compliance with court ordered home detention through the use of GPS (Global Positioning System) as agreed upon by the collaborative team; and • Conducting related work as directed by the Chief Probation Officer or designee. 2.2 Description of Deliverables. Contractor shall deliver to the Court the following work products ("Deliverables"): • DUI-RANT results (Case Management staff) • Quarterly reports on aftercare participation and referrals offered to participants (Case Management staff) • Reports of Violations of Probation (DPO) • Other written reports the Court deems necessary for the participant's success in the program. 2.3 Acceptance Criteria. The Services and Deliverables must meet the following acceptance criteria or the Court may reject the applicable Services or Deliverables. Contractor will not be paid for any rejected Services or Deliverables. • Contractor will attend all meetings and court dates, as scheduled, as well as report on the Services as provided above (Services); • Contractor shall ensure only those staff that are assigned duties per this Agreement actually perform those duties. Any changes to staff assigned must be requested of and approved by OTS and the Court; and • Contractor shall provide written reports by due dates (Deliverable), as required by Judge. 2.4 Project Managers. The Court's project manager is: Giovanna Morfin-Treyes, DUI Court Coordinator.The Court may change its project manager at any time upon notice to Contractor without need for an amendment to this Agreement. Contractor's project managers are:the Director of the Department of Behavioral Health and the Chief Probation Officer. Subject to written approval by the Court, Contractor may change its project manager without need for an amendment to this Agreement. 2.5 Service Warranties. Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and be performed in accordance with the requirements of this Agreement and all applicable specifications and documentation. 2.6 Resources. Contractor is responsible for providing any and all facilities, materials and resources (including personnel,equipment and software) necessary and appropriate for performance of the Services and to meet Contractor's obligations under this Agreement. 2.7 Commencement of Performance. This Agreement is of no force and effect until signed by both parties and all Court required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk. 3. Acceptance or Rejection. All Services and Deliverables are subject to acceptance by the Court.The Court may reject any Services or Deliverables that (i) fail to meet applicable acceptance criteria, (ii) are not as warranted, or (iii) are performed or delivered late (without prior consent by the Court). If the Court rejects any Service or Deliverable (other than for late performance or delivery), Contractor shall modify such rejected Service or Deliverable at no expense to the Court to correct the relevant deficiencies and shall redeliver such Service or Deliverable to the Court within ten (10) business days after the Court's rejection, unless otherwise agreed in writing by the Court. Thereafter, the parties shall repeat the process set forth in this section until the Court accepts such corrected Service or Deliverable. 4. Federal Contract Requirements. During the performance of this contract/funding 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 21 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 canceling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) thru (e), in every subcontract and sub agreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. Appendix F State of California—Office of Traffic Safety Requirements Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants(23 U.S.C.Chapter 4 or Section 1906,Public Law 109-59,as amended by Section 25024,Public Law 117-58) The officials named on the agreement,certify by way of signature on the agreement cover page,that the Contractor 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 funding.Applicable provisions include,but are not limited to,the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations,including but not limited to: • 23 U.S.C.Chapter 4—Highway Safety Act of 1966,as amended; • Sec. 1906,Public Law 109-59,as amended by Sec.25024,Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards; • 2 CFR part 120 1—Department of Transportation,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency[and its subrecipients]will comply with all Federal statutes and implementing regulations relating to nondiscrimination("Federal Nondiscrimination Authorities").These include but are not limited to: • Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d et seq.,78 stat. 252),(prohibits discrimination on the basis of race,color,national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3(U.S.Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq), and Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683 and 1685-1686)(prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C.794 et seq.),as amended,(prohibits discrimination on the basis of disability)and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended,(42 U.S.C.6101 et seq.),(prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987,(Pub.L. 100-209),(broadens scope,coverage,and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal aid recipients,subrecipients and contractors,whether such programs or activities are Federally-funded or not); • Titles 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(preventing discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations); • Executive Order 13166.Improving Access to Services for Persons with Limited English Proficiency(requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency(LEP)); • Executive Order 13985,Advancing Racial Equity and Support for Underserved Communities through the Federal Government(advancing equity across the Federal Government);and • Executive Order 13988,Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation(clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). The preceding statutory and regulatory cites hereinafter are referred to as the"Acts"and"Regulations,"respectively. GENERAL ASSURANCES In accordance with the Acts,the Regulations,and other pertinent directives,circulars,policy,memoranda,and/or guidance,the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements(the Age Discrimination Act of 1975,and Section 504 of the Rehabilitation Act of 1973),by restoring the broad,institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient,so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically,and without limiting the above general Assurance,the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each"activity,""facility,"or"program,"as defined in§21.23(b) and (e) of 49 CFR >l art 21 will be(with regard to an"activity")facilitated,or will be(with regard to a"facility")operated,or will be(with regard to a"program")conducted in compliance with all requirements imposed by,or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids,Requests For Proposals for work,or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and,in adapted form,in all proposals for negotiated agreements regardless of funding source: "The[name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252, 42 U.S.0 2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color; or national origin in consideration for an award." 3. The Recipient will insert the clauses of appendix A and E of this Assurance(also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A,as a covenant running with the land,in any deed from the United States effecting or recording a transfer of real property,structures,use,or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility,or part of a facility,the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of,or for the acquisition of,real property or an interest in real property,the Assurance will extend to rights to space on,over,or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A,as a covenant running with the land,in any future deeds,leases,licenses,permits,or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity,project, or program;and b. for the construction or use of,or access to,space on,over,or under real property acquired or improved under the applicable activity,project,or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program,except where the Federal financial assistance is to provide,or is in the form of,personal property,or real property,or interest therein,or structures or improvements thereon,in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits;or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it,other recipients,sub-recipients, sub-grantees,contractors,subcontractors,consultants,transferees,successors in interest,and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts,the Regulations,and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts,the Regulations,and this Assurance. By signing this ASSURANCE,the State highway safety agency also agrees to comply(and require any sub-recipients,sub-grantees, contractors,successors,transferees,and/or assignees to comply)with all applicable provisions governing NHTSA's access to records,accounts,documents,information,facilities,and staff.You also recognize that you must comply with any program or compliance reviews,and/or complaint investigations conducted by NHTSA.You must keep records,reports,and submit the material for review upon request to NHTSA,or its designee in a timely,complete,and accurate way.Additionally,you must comply with all other reporting,data collection,and evaluation requirements,as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants,loans,contracts, agreements,property,and/or discounts,or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S.Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency,other recipients, sub-recipients,sub-grantees,contractors,subcontractors and their subcontractors', transferees,successors in interest,and any other participants in the Highway Safety Grant Program.The person(s)signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace,and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling,rehabilitation,and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph(a); C. Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant, the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph(c)(2)from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions,within 30 days of receiving notice under subparagraph(c)(2),with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee,up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY(HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508),which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement; 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- awards at all tiers(including subcontracts,subgrants,and contracts under grant,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g.,"grassroots")lobbying activities,with one exception.This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials,in accordance with customary State practice,even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal,the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction,civil judgment,debarment,suspension,ineligible,participant,person, principal,and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or 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:llwww.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 into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction,civil judgment,debarment,suspension,ineligible,participant,person,principal, and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart 9.4,debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or 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:Ilwww.sam.govl). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION— LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement(23 U.S.C. 313)when purchasing items using Federal funds.Buy America requires a State,or subrecipient,to purchase with Federal funds only steel,iron and manufactured products produced in the United States,unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest,that such materials are not reasonably available and of a satisfactory quality,or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.In order to use Federal funds to purchase foreign produced items,the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States)GENERAL REQUIREMENTS No employee,officer,or agent of a State or its subrecipient who is authorized in an official capacity to negotiate,make,accept,or approve,or to take part in negotiating,making,accepting,or approving any subaward,including contracts or subcontracts,in connection with this grant shall have,directly or indirectly,any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein,has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents. a. The code or standards shall provide that the recipient's officers,employees,or agents may neither solicit nor accept gratuities,favors,or anything of monetary value from present or potential subawardees,including contractors or parties to subcontracts. b. The code or standards shall establish penalties,sanctions,or other disciplinary actions for violations,as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient,including its officers,employees,or agents,shall perform or continue to perform under a grant or cooperative agreement,whose objectivity may be impaired because of any related past, present,or currently planned interest,financial or otherwise,in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA.The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past,present,or currently planned organizational,financial,contractual,or other interest(s)with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities,and which are related to this award.The interest(s)that require disclosure include those of any recipient,affiliate,proposed consultant,proposed subcontractor,and key personnel of any of the above.Past interest shall be limited to within one year of the date of award.Key personnel shall include any person owning more than a 20 percent interest in a recipient,and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C.Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043,Increasing Seat Belt Use in the United States,dated April 16, 1997,the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned,rented,or personally-owned vehicles.The National Highway Traffic Safety Administration(NHTSA)is responsible for providing leadership and guidance in support of this Presidential initiative.For information and resources on traffic safety programs and policies for employers,please contact the Network of Employers for Traffic Safety(NETS),a public-private partnership dedicated to improving the traffic safety practices of employers and employees.You can download information on seat belt programs,costs of motor vehicle crashes to employers,and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website(www.nhtsa.gov)also provides information on statistics,campaigns,and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513,Federal Leadership On Reducing Text Messaging While Driving,and DOT Order 3902.10,Text Messaging While Driving,States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving,including policies to ban text messaging while driving company-owned or rented vehicles,Government-owned,leased or rented vehicles,or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business,such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving,and education,awareness,and other outreach to employees about the safety risks associated with texting while driving.