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Home My WebLink AboutAgreement A-17-503 with OTS.pdf Agreement No. 17-503 State of California—Office of Traffic Saiuty GRANT NUMBER GRANT AGREEMENT DI18006 1. GRANT TITLE Alcohol and Drug Im aired Driver'Vertical Prosecution Program 2. NAME OF AGENCY 3. Grant Period Fresno County 4. AGENCY UNIT TO ADMINISTER GRANT From: 10/01/2017 Fresno County District Attorneys Office To: 09/30/2018 5. GRANT DESCRIPTION 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: $382,711.00 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 B-1 —Budget Narrative and Sub-Budget Narrative(if applicable) o Exhibit A—Certifications and Assurances Exhibit B*—OTS Grant Program Manual *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. AUTHORIZING OFFICIAL OF DEPARTMENT B. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Brian Pacheco PHONE: 559-600-1000 NAME: Rhonda L.Craft PHONE: (916) 509-3030 TITLE: Chairman,BOS FAX: 559-600-1609 TITLE: Director FAX: (916)509-3055 ADDRESS: 2281 Tulare Street,Room 301 ADDRESS: 2208 Kausen Drive,Suite 300 Fresno,CA 93721 Elk Grove,CA 95758 EMA :Dis ictl@co.fresno.ca.us rhonda.c c ots. o" - } FAll (Signature) (Date) e) C. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9, DUNS NUMBER NAME: Carolyn Vu DUNS 4:030363902 ADDRESS: 2208 Kausen Drive,Suite 300 REGISTERED ADDRESS:2220 TULARE ST STE 1000 Elk Grove,CA 95758 CITY:Fresno ZIP+4:93721-2106 ATTEST: BERNICE E.SEIDEL,Clerk Board of Supervisors Q By JAJ\ n1 t l �X tCl Deputy 8/21/2017 9:04:08 AM Page 1 of 13 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 405d AL-18 20.616 0521-0890-101 2016 2016 23/16 $76,500.00 405d AL-18 20.616 0521-0890-101 2017 2017 14/17 $306,211.00 AGREEMENT TOTAL $382,711.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for $382,711.00 the current budget year are available for the period and purpose of the PRIOR AMOUNT ENCUMBERED FOR THIS expenditure stated above. AGREEMENT $0.00 ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED $382,711.00 8/21/2017 9:04:08 AM Page 2 of 13 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT DI18006 Schedule A 1. PROBLEM STATEMENT Fresno County's Traffic Safety Problem: Impaired drivers with alcohol, drugs, or both in their system. Fresno County is home to 1.88 million acres of the world's most productive farmland,with agricultural operations covering nearly half of the county's entire land base of 3.84 million acres.Farmers here raise more than 350 different crops, contributing directly more than$5.6 billion to the California economy and supporting 20 percent of all jobs in the Fresno area. Many of the county's crops are not grown commercially anywhere else in the nation. [Fresno County Farm Bureau,20171. 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. Vehicle miles traveled per day in Fresno County has increased from 22,498,000 in 2004 to 22,982,169 based on the most recent Office of Traffic Safety rankings. The County of Fresno is traversed by four major freeways and includes State Routes 99,41, 168, 180 and Interstate 5. Since 2000,Fresno County's population has increased 16%from 799,407 to 952,166 [California Department of Finance].Agriculture is still the primary industry in Fresno County. Fresno County's Ag production value exceeded$6.58 billion in 2012 [Fresno County Farm Bureau Press Release 6/18/13],making Fresno County the number one agricultural county in the nation [USDA Economic Research Service updated 11/6/13]. About 75%of travel on Fresno County's maintained road system takes place on rural primarily two-lane undivided roads [Fresno County Department of Public Works &Planning]. Fresno County is one of California's largest and most diverse counties. Based on California Department of Finance preliminary statistics from July 1,2016 from has an estimated population of 989,183. Fresno County covers an area of over 6000 square miles in central California and is the state's sixth largest county. The City of Fresno,which is also the county seat,was named the fifth largest city in California with a 2014 estimated population of 515,986. As of January 7,2016,the United States Census Bureau"Quick Facts"estimates 27.5 %of Fresno County's population lives below the federal poverty level, as compared to 16.4% of all Californians. The County of Fresno's ethnic diversity is considerably different than the rest of the state. Hispanics comprise over 51.9%of the population compared to 38.6% of the state. Population totals for White,non-Hispanic or Latino is 32.7%,Asian 10.7%,African-American 5.9%, American-Indian&Native Alaskan 3.0%,Native-Hawaiian&Other Pacific Islander 0.3%. According to the 2015 Annual Report of the California DUI Management Information System published by the California Department of Motor Vehicles, in 2013 Hispanics again represented the largest ethnic group among DUI arrestees,as they have each year for over a decade. The report continues to explain how Hispanics continued to be arrested at a rate higher than their estimated 2013 population parity of 35.4%citing the Department of Finance, Demographics Research and Census Data Center. In counties where the population of Hispanics is high, like in Fresno County,their DUI arrest rate is also high. The annual report names the seven counties with Hispanics comprising 60% or more of the DUI arrests in 2013 and places Fresno County at 62.2%for that year. [2015 Annual Report of the California DUI Management Information System,p. 25-26.] The statistics for all filed DUI cases for 2013, 2014, and 2015 are as follows: 2013 Felony Vehicular Manslaughter while intoxicated......................................................11 Felony DUI causing bodily injury................................................................................110 DUI with no injuries [felony&misdemeanor cases combined].................................6103 2014 Felony Vehicular Manslaughter while intoxicated.......................................................10 Felony DUI causing bodily injury...................................................................................122 DUI with no injuries [felony&misdemeanor cases combined].................................5715 2015 Felony Vehicular Manslaughter while intoxicated........................................................8 Felony DUI causing bodily injury....................................................................................131 DUI with no injuries [felony&misdemeanor cases combined]..................................5708 8/21/2017 9:04:08 AM Page 3 of 13 2016 Felony Vehicular Manslaughter while intoxicated.....................................................6 Felony DUI causing bodily injury....................................................................................1 16 DUI with no injuries [felony&misdemeanor cases combined]...................................5055 Alcohol&Drug Impaired Driving In 2012,Fresno County was one of nine counties in California that participated in the nation's first"Statewide Roadside Survey of Alcohol and Drug Use by Drivers". The survey results showed 14 percent of drivers tested positive for drugs that can impair driving,while 7.3 percent of drivers tested positive for alcohol. Of the drugs, marijuana was most prevalent, at 7.4 percent, slightly more than alcohol. Over 1,300 drivers voluntarily agreed to provide breath and/or saliva samples at roadside locations set up in nine California cities. The samples were collected between 10:00 p.m. and 3:00 a.m. on Friday and Saturday nights,the peak times of impaired driving. Breath samples were examined for alcohol,while saliva samples were tested for THC(the active ingredient in marijuana); other major illegal drugs,prescription and over the counter(OTC)medications that can adversely affect driving were also tested. [Results of the 2012 California Roadside Survey of Nighttime Weekend Drivers' Alcohol and Drug,Executive Summary]. DUI Recidivism ProblemFresno County had a 5.0%rate at which first time offenders had a subsequent DUI incident within 1 year compared to 2.9%in Los Angeles. Among the larger counties in California,Fresno County had the highest rate of second offenders having a subsequent DUI incident within 1 year at 7.3%compared to Orange County which had a 3.2%rate. The rate at which first time DUI offenders had a subsequent crash within 1 year was 2.3% in Fresno County whereas Los Angeles had a 3.3%rate. [2015 Annual Report of the California DUI Management Information System,p. 63.] 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 quality 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 1 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. 2. Create or expand a"Vertical Prosecution Program"with the City Attorney or District 1 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. 3. Designate prosecutor position(s) and investigator position(s)to the DUI caseload to 2 prosecute DUI Alcohol and DUI Drug cases. The individual(s)will be dedicated solely to this assignment allowing them to gain expertise in the investigation and prosecution of DUI Alcohol and DUI Drug cases. While employed by the City Attorney' s or District Attorney' s Office,the individual(s)in the grant-funded DUI Vertical Prosecutor position(s) should remain the same throughout the term of the grant. 4. Develop and implement a system for gathering,tracking, and reporting all DUI case 1 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 5. Report on all DUI case reviews, filings and outcomes in the county or city throughout the 4 grant,differentiating between: 1)DUI Alcohol-only; 2)DUI Drug-only; and 3)DUI Combination Alcohol and Drug cases. 6. Partner with the California Traffic Safety Resource Prosecutor Training Network to 30 provide comprehensive training in the prosecution of DUI Alcohol and DUI Drug cases with an effort to reach prosecutors and investigators. 7. Send the funded prosecutor(s)to trainings/meetings sponsored by OTS and/or the 1 California Traffic Safety Resource Prosecutor Training Network. 8. Coordinate with local law enforcement agencies on the development of an on-call response 1 8/21/2017 9:04:08 AM Page 4 of 13 protocol for the investigation of fatal and major injury DUI vehicle collisions,and to report on response activities 9. Participate in at least one DUI saturation ride-along and attend/observe at least one DUI 1 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. 10. Respond to at least one fatal DUI collision investigation scene. Note: The funded vertical 1 prosecutor(s)and investigator(s) should achieve this objective within the first quarter of the grant. 11. Coordinate and host four regional roundtable law enforcement meetings(one each quarter, 4 with telephone 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 notes should be produced and distributed.All four meetings for the year should be scheduled in the first quarter of the ant. 3. METHOD OF PROCEDURE A. Phase 1—Program Preparation(V 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 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 piogots.ca.gov, and copied to your OTS Coordinator,for approval 14 days prior to the issuance date of the release B. Phase 2—Program Operations (Throughout Grant Year) • Prosecution will be on-going. The Deputy District/City Attorney(s)will review felony DUI cases with injury or otherwise qualify for the grant 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,prescription drugs, drug trends,people's experts, defense challenges, cross-examination of experts, SFST evidence,jury considerations and toxicology evidence, and incorporate this information into DUI trainin s for attorneys and law 8/21/2017 9:04:08 AM Page 5 of 13 enforcement personnel. g) Send the funded vertical prosecutor(s)and investigator to the NHTSA"Advanced Roadside Impaired Driving Enforcement"(ARIDE) 16 hour POST-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 • Send all grant-related activity press releases,media advisories, alerts and general public materials to the OTS Public Information Officer(PIO)at pio@ots.ca.gov,with a copy to your OTS Coordinator. • If an OTS template-based press release is used,the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10-20 days prior to the release date to ensure adequate turn- around time. • Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process,but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre-publicity,but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press,media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety,through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio&ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant-related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough-cut of all printed or recorded material(brochures,posters, scripts, artwork, trailer graphics, etc.)to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant-funded print materials; consult your OTS Coordinator forspecifics. C. Phase 3—Data Collection& Reporting(Throughout Grant Year) • Invoice Claims (due January 30,April 30,July 30, and October 30) • Quarterly Performance Reports(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 Grant Director will complete the"Final Evaluation"section in the fourth/final Quarterly Performance Report(QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should 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. 8/21/2017 9:04:08 AM Page 6 of 13 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT DI18006 Schedule B FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT (CFDA) 405d AL 20.616 Impaired Driving Countermeasures $382,711.00 COST CATEGORY CFDA TOTAL COST TO GRANT A. PERSONNEL COSTS Positions and Salaries Full-Time Deputy District Attorney IV 20.616 $117,364.00 Benefits 20.616 $89,337.00 Senior DA Investigator 20.616 $87,442.00 Benefits 20.616 $86,568.00 Overtime $0.00 Part-Time $0.00 Category Sub-Total $380,711.00 B. TRAVEL EXPENSES In State Travel 20.616 $2,000.00 $0.00 Category Sub-Total $2,000.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS $0.00 Category Sub-Total $0.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $382,711.00 8/21/2017 9:04:08 AM Page 7 of 13 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT DI18006 Schedule B-1 BUDGET NARRATIVE PERSONNEL COSTS QUANTITY Deputy District Attorney IV-The prosecutor(s)will be dedicated to vertically prosecute cases 12 involving driving under the influence of alcohol and/or drugs. The prosecutor(s)will deliver training to law enforcement, investigators and to other attorneys within the office. The prosecutor(s)will work to address emerging defense strategies and conduct outreach efforts designed to increase awareness of DUI related injuries and deaths. The vertical prosecution unit will implement the following policies to achieve maximum effectiveness: 1) Resist pre-trial releases of charged defendants. 2) Charge all enhancements and prior felony convictions that might be used to increase bail. 3) Make personal appearances at arraignments and request bail be set at bail schedule or higher,based on the perceived threat to the safety of the public. 4) Vigorously advocate that continuances only be granted upon a showing of good cause, consistent with the provision of Penal Code Section 1050,to ensure that the People's right to a speedy trial will be considered by the Court. 5) Establish and continue working relationship with law enforcement agencies countywide. The agencies will be trained on the investigative and filing expectations for the crimes covered by this grant in order to facilitate successful prosecution. Benefits-76.12% 1 00.09% -Unemployment Insurance 07.65% - Social Security/FICA/OASDI 01.84% -Workers Compensation 06.27% -Health Insurance 60.16% -Retirement 00.10% -Benefit Administration Senior DA Investigator-The Senior District Attorney Investigator will conduct investigations for cases 12 accepted and/or filed under the grant and will also participate in outreach efforts designed to increase the public's awareness of the DUI Alcohol and DUI Drugs problem in the county. Benefits-99.00% 1 00.06% -Unemployment Insurance 07.65% - Social Security/FICA/OASDI 01.81% -Workers Compensation 08.41% -Health Insurance 80.93% -Retirement 00.14% -Benefit Administration TRAVEL EXPENSES In State Travel-Costs are included for appropriate staff to attend conferences and training events 1 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 8/21/2017 9:04:08 AM Page 8 of 13 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. 8/21/2017 9:04:08 AM Page 9 of 13 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT DI18006 Exhibit A CERTIFICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes,regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR§18.12. The officials named on the grant agreement,certify by way of signature on the grant agreement signature page,that the Grantee Agency complies with all applicable Federal statutes,regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding.Applicable provisions include, but are not limited to,the following: •23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended •49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments •23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(Pub. L. 88-352),which prohibits discrimination on the basis of race, color or national origin(and 49 CFR Part 21); (b)Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683 and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794), and the Americans with Disabilities Act of 1990(Pub. L. 101-336), as amended(42 U.S.C. 12101, et seq.),which prohibits discrimination on the basis of disabilities(and 49 CFR Part 27); (d)the Age Discrimination Act of 1975, as amended(42 U.S.C. 6101-6107),which prohibits discrimination on the basis of age; (e)the Civil Rights Restoration Act of 1987 (Pub. L. 100-259),which requires Federal-aid recipients and all sub-recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f)the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; (g)the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(Pub. L. 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912,as amended(42 U.S.C. 290dd-3 and 290ee-3),relating to confidentiality of alcohol and drug abuse patient records; (i)Title VIII of the Civil Rights Act of 1968, as amended(42 U.S.C. 3601, et seq.),relating to nondiscrimination in the sale,rental or financing of housing; 0)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made; and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application. BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act(49 U.S.C. 53230)),which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest,that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non- domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY(HATCHACT) The Grantee Agency will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508)which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 8/21/2017 9:04:08 AM Page 10 of 13 CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts,Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 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- award at all tiers(including subcontracts, sub-grants, and contracts under grant, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g., "grassroots")lobbying activities,with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials,in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDINGDEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this grant agreement,the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant, person,primary covered transaction,principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who 8/21/2017 9:04:08 AM Page 11 of 13 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 Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to, check the list of Parties Excluded from Federal Procurement and Non- procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1. The Grantee Agency Official certifies to the best of its knowledge and belief,that its principals: a. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b. Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of record,making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or Local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and d. Have not within a three-year period preceding this application/grant agreement had one or more public transactions(Federal, State,or local)terminated for cause or default. 2. Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant, person,primary covered transaction,principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29.You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement that, should the 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 8/21/2017 9:04:08 AM Page 12 of 13 voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled"Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4,debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to, check the List of Parties Excluded from Federal Procurement and Non- procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies,by submission of this grant agreement,that neither it nor its principals is presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. 8/21/2017 9:04:08 AM Page 13 of 13 This approval signature page relates to a State Grant Agreement for the Alcohol and Drug Impaired Vertical Prosecution Program with the California Office of Traffic Safety, which Agreement is made by COUNTY OF FRESNO, a Political Subdivision of the State of California, on behalf of which the FRESNO COUNTY DISTRICT ATTORNEY'S OFFICE is acting. The Grant period runs from October 1, 2017, to September 30, 2018. EFFECTIVE as of the date set forth in the referenced Agreement. APPROVED AS TO LEGAL FORM: REVIEWED AND RECOMMENDED DANIEL C. CEDERBORG, COUNTY FOR APPROVAL: LISA A. COUNSEL SMITTCAMP, DISTRICT ATTORNEY By: B 4 uty e /�y' �0— APPROVED AS TO ACCOUNTING FORM: OSCAR J. GARCIA, C.P.A. AUDITOR-CONTROLLER/TREASURER- TAX COLLECTOR By: (SQPAI� I Deputy Organization 28622500 Fund 0001 Subclass 10000 Account 4375