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HomeMy WebLinkAboutAgreement A-23-499 Grant Agreement with OTS.pdf State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT AL24011 1. GRANT TITLE Intensive Probation Supervision for High-Risk Felony and Repeat DUI-Offenders 2. NAME OF AGENCY 3. Grant Period Fresno County From: 10/01/2023 4. AGENCY UNIT TO ADMINISTER GRANT To: 09/30/2024 Fresno County Probation Department 5. GRANT DESCRIPTION The County Probation Department will work to reduce DUI related fatalities, injuries, and DUI recidivism. The worst-of-the worst, high-risk, felony, and repeat DUI offenders will be held accountable through intensive supervision to ensure compliance with court ordered conditions of probation and to prevent re-arrest on new DUI charges. Supervision activities include: monitoring of treatment and DUI program participation, conducting office visits, unannounced fourth waiver searches, field visits, random alcohol/drug testing, distribution of DUI BOLOs, and participation with local law enforcement on anti-DUI efforts. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $332,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A—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) • 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.aov. 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: Joy Thompson ADDRESS: Sal Quintero TITLE: Deputy Chief Probation Officer Chairman EMAIL: jhompson@fresnocountyca.gov district3@fresnocountyca.gov PHONE: (559)600-1233 (559)600-3000 ADDRESS: 2048 N. Fine Ave. Suite 102 2281 Tulare Street, Room 301 Fresno, CA 93727 Fresno, CA 93721 ,Aug 29 2023 Sal awnh9✓o Sep 19,2023 m.,I 111 , r, (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Yussel Zalapa ADDRESS: Barbara Rooney Deputy Chief Probation Administrative Officer Director yzalapa@fresnocountyca.gov barbara.rooney@ots.ca.gov (559)600-1247 (916)509-3030 3333 E.American Ave., Suite B 2208 Kausen Drive, Suite 300 Fresno, CA 93725 Elk Grove, CA 95758 Sep 19,2023 Sep 25,2023 (Signature) (Date) (Signature) (Date) 8/17/2023 9:22:59 AM Page 1 of 19 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#: XYLKAH3AB4W5 ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 3333 E.American Ave. CITY: Ste. B ZIP+4: Fresno 93725-9248 10. PROJECTED EXPENDITURES FUND CFDA ITEMIAPPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $112,880.00 164AL-24 1 20.608 1 0521-0890-101 1 2023 12/23 1 BA/23 $219,120.00 AGREEMENT TOTAL $332,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $332,000.00 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 AGREEMENT purpose of the expenditure stated above. $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE PDT) Sep 19,2023 $332,000.00 Grolyn u(ep 15,in 13 51 8/17/2023 9:22:59 AM Page 2 of 19 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT AL24011 Schedule A 1. PROBLEM STATEMENT When the Preventing Repeat Impaired Driving Effectively (PRIDE) grant was implemented in 2006, the Fresno County Probation Department (FCPD) had seen a significant increase in DUI offenders being placed on probation. From 2005 to 2006, countywide misdemeanor DUI convictions increased 21%, and countywide felony DUI convictions increased 121%. The FCPD did not have adequate resources to effectively supervise felony DUI offenders and local statistics during that time indicated a pressing need for a concerted effort on reducing DUI incidents in our community. Alcohol-related deaths and injuries have declined substantially during the time Fresno County has operated this Repeat DUI program. We compared Fresno County's DUI experience during the three years prior to implementation of the Repeat DUI program to the time since Repeat DUI has been in operation. According to the California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS), alcohol-related fatalities decreased over 30% between 2006 and 2010, while injuries decreased nearly 24%. Although the numbers trended downward every year from 2007 to 2010, it should be noted that 2010 was an especially good year for Fresno County, with numbers coming in substantially lower than would be predicted by the previous progression. Both deaths and injuries attributed to alcohol-involved crashes increased from 2010 to 2011. The figures for alcohol-involved fatal crashes and fatalities in 2011 follow the downward trend experienced from 2007-2009. However, the figures for alcohol-involved injury crashes and the numbers of persons injured were higher in 2011 than anticipated. Alcohol-involved fatal crashes decreased from 2012 to 2013, increased from 2013 to 2014, and decreased again in 2015. From 2018 to 2020 alcohol involved fatal crashes in Fresno County has increased 20% and alcohol related fatalities increase by 25%. According to data from SWIRTS, in 2019 Fresno County was ranked 8th out of top 10 counties in California for fatalities; and in 2020 it reports the average number of injured persons increased from 494 in 2019 to 544 showing an increase of 10%. In 2020, the number of alcohol-involved fatalities in Fresno County rose from 36 to 40, which is an increase of 11%. DUI related crashes afflict Fresno County families - disrupting their lives, interfering with plans, altering capabilities and all too often, ending relationships in an instant. DUI related casualties also impact Fresno County's economy - with employers losing man-hours and employees losing work (and paychecks) due to another person's choice to drive after drinking alcohol or when impaired by drugs. All too often, the person who made the choice is a repeat offender, causing untold physical, emotional, and economic damage to yet another victim or victims. While it is evident that grant funded intensive supervision of high-risk, repeat offenders has been very effective, alcohol-involved fatal and injury crashes continue to pose a grave problem in our community. Recent data from the Healthy Communities Institute shows for the period of 2016-2020, 26% of all motor vehicle crash deaths were attributed to alcohol involvement in Fresno County. As reported in the Fresno City Police Department 2020 Annual Report, there were 427 DUI crashes of those 56 resulted in serious injury and 14 resulted in death. In a December 23, 2021 article in the Fresno Bee, it was reported for Fresno County that the combined number of felony DUI vehicular manslaughter cases, felony DUI cases causing injury, and repeat offenders totaled 247 in 2019, 282 in 2020, and as of the date of the article, there were 274 in 2021. According to the California Office of Traffic and Safety (OTS) Crash Rankings, Fresno County has experienced a fluctuation in alcohol involved crashes in relation to miles driven. In 2009, Fresno County ranked 38 out of 58 counties for alcohol involved crash based on daily vehicle miles traveled, The County ranked number 1 as the highest or "worst" rate of crashes to miles. In 2011, Fresno County's rank adversely moved to 21 of 58. In 2012, Fresno County's rank improved to 53rd among the 58 counties, but the methodology was revised during that data collection period. In 2013, Fresno County's rank continued to improve dropping to 57th among the 58 counties. In 2014, Fresno County's rank increased to 35th among the 58 counties. In 2015, Fresno County's rank continued to increase to 32nd among the 58 counties. For the period of 2017 - 2019 Fresno County's rankings improved and has remained relatively static, with rankings of 52nd of 58th, 55th of 58th, and 53rd of 58th, respectively. In 2020, Fresno County's rankings drastically increased to 38th of 58th.The National Institute on Alcohol Abuse and Alcoholism reported in their June 30, 2022 report titled," Deaths involving alcohol increased during the COVID-19 pandemic", informs of the unprecedented increase in alcohol-related deaths during the first year of the pandemic. Research 8/17/2023 9:22:59 AM Page 3 of 19 suggests for those who drank more during the pandemic, stress, anxiety, and previous alcohol misuse were contributing factors. An article from Forbes Advisor titled "Drunk Driving Statistics 2023", published January 7, 2023, cited findings from the Center for Disease Control and Prevention, which identified the use of sobriety checkpoints as a public health intervention reduces alcohol-related motor vehicle crashes by twenty percent. Data shows that OTS Repeat DUI grant-funded intensive supervision program has suppressed criminal and unfavorable behavior of Repeat DUI offenders in Fresno County. Tracking crashes, injuries and fatalities in Fresno County demonstrates intensive supervision of DUI offenders has averted crashes and prevented victims from being killed and injured in alcohol involved crashes; however, there is a need to provide intensive supervision of offenders who sustain convictions for driving under the influence of drugs (DUID). Recently, researchers in traffic safety have placed great emphasis in detecting, apprehending, and monitoring DUID's. The 2022 Berkeley Safe Transportation Research and Education Center (SAFETREC) report on alcohol impaired driving found that alcohol impaired driving and drug involved driving was one of the primary crash factors. About two-thirds (68.7%) of alcohol-impaired fatalities occur in urban areas. The rate of alcohol- involved fatal injuries was significantly higher during the period occurring between 3pm and 9pm (44.8%). Approximately 25% of alcohol-involved serious injuries were highest between 9pm and 12am.While alcohol- involved fatal and serious injuries varied widely by day of week and time of day, almost 42% of those fatalities occurred on Fridays and Sundays, 45.5% of the serious injuries occurred on Saturdays and Sundays. In a May 2022 press release by NHTSA reports that fatalities in police-reported alcohol-involve crashes rose 5% 2021 as compared to 2020, which is still higher than pre-pandemic levels. In the December 2021 Fresno Bee article, Fresno County District Attorney Lisa Smittcamp reports their office is seeing a significant number of repeat DUI offenders, an almost 100% increase. These are individuals who have previously been arrested or convicted of DUI and are drinking and driving again. Without funding from OTS and the National Highway Traffic Safety Administration, FCPD's supervision of DUI offenders would be adversely impacted. Without grant funding, DUI offender recidivism and the number of alcohol and drug involved traffic crashes, including injuries and fatalities would likely increase, posing a great risk to our community. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of DUI probationers arrested/cited for driving with suspended or revoked license. 4. Increase the percentage of DUI probationers in compliance with court-ordered probation. 5. Reduce the number of new DUI offenses by DUI probationers. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 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. 2. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 4 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 3. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 2 Testing SFST) (minimum 16 hours) POST-certified training. 4. Conduct Warrant Service operation(s) targeting informal and/or formal DUI 2 probationers who fail to comply with the terms and conditions of probation and/or other DUI suspects who fail to appear in court. 5. Establish all grant-funded positions and train staff on defined roles and duties, 2 including data collection and reporting requirements by October 31. 8/17/2023 9:22:59 AM Page 4 of 19 6. Develop a written (and submit by October 31) "Operational Plan" to establish the 1 method of operation and the policies applicable to carry out the activities of the DUI Probationer Supervision grant program. 7. Obtain, or develop, and utilize a risk or needs assessment tool to identify high-risk 1 DUI offenders for placement on formal probation by October 31. 8. Establish caseload(s) of high-risk DUI probationers each, for intensive supervision 2 by October 31. 9. Work with court officials and the prosecutor's office throughout the grant period to 4 ensure the court establishes probation orders necessary to conduct and sustain intensive supervision of DUI probationers. 10. Track the number of attempted field contacts (anywhere other than in the office, 4 including all "door knocks") with or without search, of high-risk DUI probationers. 11. Track and report alcohol monitoring days, and resulting violations of high-risk DUI 4 probationers. 12. Track and report probation violations and probation revocation proceedings for 4 program participants who fail to abide by the terms and conditions of probation throughout the grant period. 13. Make unannounced field contacts (anywhere other than in the office) with search 100 of DUI probationers body/property. Note: Surprise home contacts with search are the preferred method for ensuring compliance with court-ordered terms of probation. Report number of activities completed on straight time hours only. 14. Make office contacts with DUI probationers. 900 15. Conduct alcohol tests of DUI probationers. 900 16. Identify straight time personnel and report on activities completed. Include any 4 vacancies or staff changes that have occurred. 17. Conduct Probation Compliance Check(s) to ensure current DUI probationers 50 comply with the terms and conditions of probation. Note: Report number of activities completed on grant funded overtime only. 3. METHOD OF PROCEDURE A. Phase 1 —Program Preparation (15t Quarter of Grant Year) • The Probation Department will hire grant-funded staff positions responsible for conducting supervision and other related duties. • All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • The Risk Assessment tool will be purchased or developed, and staff will be trained on the use of the tool and the policies and procedures for identifying risk-levels and making caseload assignments. • Staff will receive training and orientation related to the Department's Alcohol Monitoring Program (if applicable) and will begin working closely with the Alcohol Monitoring vendor to ensure a timely response to any violations by DUI offenders. • A written operational plan will be developed and submitted. The plan will outline the Department's policies and procedures related to the DUI Probationer Intensive Supervision Program including participant criteria, how individuals are identified and selected for inclusion on the caseload, how risk assessment is conducted, how and why offenders are moved on and off the caseload, policies and procedures for office visits, drug/alcohol testing, field contacts, home searches, and court monitoring. The operational plan should include contact information for referrals to resources such as county mental health, treatment, rehabilitation and recovery, vocational training, job search and placement agencies. The operational plan should be written in a manner that allows it to serve as a manual for new or additional program staff working with the DUI supervision program. 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 8/17/2023 9:22:59 AM Page 5 of 19 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) • News releases highlighting program successes and high visibility programs, such as warrant service operations, will be developed, approved by OTS and issued to the media throughout the grant period. • To ensure compliance with all court ordered conditions of probation, the Probation Department will conduct the intensive supervision activities specified in the grant objectives. Activities include: risk assessment and assignment, initial home evaluation; office visits; field contacts; warrant sweeps; surveillance; alcohol and drug tests; home searches; monitoring of treatment and other program participation; review and monitoring of Alcohol Monitoring alerts (if applicable); and Ignition Interlock compliance. • Staff should work with the court and District or City Attorney's office to ensure appropriate terms of probation are ordered. • Probation should maintain and distribute a "DUI BOLO"to local law enforcement and will perform necessary record keeping and reporting. • Probation should respond to all known probation violations and initiate appropriate interventions up to and including court action. 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 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 "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • 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 sub rantee, requires prior approval. Please send to the OTS PIO at 8/17/2023 9:22:59 AM Page 6 of 19 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 beforehand 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. • 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 grant claim invoices (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 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 qoals 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. 8/17/2023 9:22:59 AM Page 7 of 19 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT AL24011 Schedule B FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT NUMBER(CFDA) 164AL-24 20.608 Minimum Penalties for Repeat $332,000.00 Offenders for Driving While Intoxicated COST CATEGORY FUND UNIT COST OR UNITS TOTAL COST TO NUMBER RATE GRANT A. PERSONNEL COSTS Straight Time Deputy Probation Officer 164AL-24 $37.52 2,080 $78,042.00 Benefits - Deputy Probation Officer 164AL-24 $68,193.00 1 $68,193.00 Deputy Probation Officer 164AL-24 $41.48 2,080 $86,278.00 Benefits - Deputy Probation Officer 164AL-24 $75,390.00 1 $75,390.00 Overtime Probation Compliance Check 164AL-24 $19,000.00 1 $19,000.00 Benefits - Probation Compliance Check 164AL-24 $1,457.00 1 $1,457.00 Category Sub-Total $328,360.00 B. TRAVEL EXPENSES In State Travel 164AL-24 $2,000.00 1 $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 Alcohol Testing/Drug Testing/Drug Testing 164AL-24 $1,640.00 1 $1,640.00 Category Sub-Total $1,640.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $332,000.00 8/17/2023 9:22:59 AM Page 8 of 19 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT AL24011 Schedule B-1 BUDGET NARRATIVE PERSONNEL COSTS Deputy Probation Officer- Position responsible for achieving the goals and objective described in the grant through proactive field supervision, substance abuse testing, and enforcement of court orders for targeted DUI offenders including conducting or participating in unannounced home visits and searches of the offenders' homes, work, vehicles and/or person. Benefits - Deputy Probation Officer - Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant. Deputy Probation Officer- In a lead capacity the Deputy Probation Officer assigned to the grant performs sensitive, complex and critical work to reduce DUI related fatalities, injuries and DUI recidivism in Fresno County. The worst-of-the-worst, high risk, felony and repeat DUI offenders will be held accountable through intensive supervision to ensure compliance with court ordered conditions of probation and to prevent re- arrests on new DUI charges. Supervision duties include: utilizing risk/needs assessment tools to identify high-risk DUI offenders and to establish a specialized low number caseload; creating an individualized case plan for offenders and referring them to services in the community, including but not limited to: substance abuse treatment, DUI programs, employment resources and education programs; monitoring the progress and participation of offenders in receiving services and initiating interventions to all probation violations; scheduling office visits and conducting unannounced compliance searches and administering on the spot alcohol and/or drug testing; monitoring the compliance of offenders on electronic monitoring and the Automobile Ignition Interlock Device, the Satellite Tracking of People Securus Technologies' BLUtag GPS Monitoring and the SoberTrack mobile breathalyzer program; communicating and working with probation officers and other law enforcement agencies during compliance searches, field contacts, warrant services operations and surveillance stakeouts targeting offenders who are suspected of driving with a suspended driver's license; disseminating habitual offenders bulletins to local law enforcement and participating in anti-DUI efforts such as the AVOID Campaign; ensuring the necessary terms and conditions are imposed and the appropriate charges are filed by working and communicating with court officials and the district attorney; tracking, compiling and reporting offender and operation statistics on a quarterly basis and monitoring progress in achieving grant objectives; performing other administrative work of the grant program. Benefits - Deputy Probation Officer- Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant. Probation Compliance Check - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Benefits - Probation Compliance Check - Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant. 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. Anticipated travel may include California Traffic Safety Summit. 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 Alcohol Testing/Drug Testing - Testing conducted to determine DUI probationer compliance with terms and conditions of probation. Costs may include lab testing fees and testing supplies such as mouth pieces, cups and test kits. 8/17/2023 9:22:59 AM Page 9 of 19 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. Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 8/17/2023 9:22:59 AM Page 10 of 19 State of California—Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT AL24011 Exhibit A 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 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 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 1201—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 Dart 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 H 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 8/17/2023 9:22:59 AM Page 11 of 19 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 j 21.23(b) and (e)of 49 CFR part 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 8/17/2023 9:22:59 AM Page 12 of 19 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. 8/17/2023 9:22:59 AM Page 13 of 19 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 (hops://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 8/17/2023 9:22:59 AM Page 14 of 19 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://www.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 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. 8/17/2023 9:22:59 AM Page 15 of 19 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. 8/17/2023 9:22:59 AM Page 16 of 19 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. 8/17/2023 9:22:59 AM Page 17 of 19 State of California—Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access AL24011 Exhibit C 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 (APRs) 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. GRANT DETAILS Grant Number: AL24011 Agency Name: Fresno County Probation Department Grant Title: Intensive Probation Supervision for High-Risk Felony and Repeat DUI-Offenders Agreement Total: $332,000.00 Authorizing Official: Sal Quintero Fiscal Official: Yussel Zalapa Grant Director: Joy Thompson CURRENT GEMS USER(S) 1. Natalie Brackemyre Title: Assistant Deputy Chief Probation Officer Media Contact: No Phone: (559) 600-3420 Email: nbrackemyre@fresnocountyca.gov 2. Alex Gonzalez Title: Deputy Probation Officer IV Media Contact: No Phone: (559) 600-3420 Email: alexgonzalez@fresnocountyca.gov 3. Kee Moua Title: Accountant Media Contact: No Phone: (559) 600-1250 Email: keemoua@fresnocountyca.gov 4. Margaret Orona Title: Staff Analyst Media Contact: No Phone: (559) 600-1244 Email: maorona@fresnocountyca.gov 5. Casaundria Pierro Title: Staff Analyst Media Contact: No Phone: (559) 600-1245 Email: pierrc@fresnocountyca.gov 8/17/2023 9:22:59 AM Page 18 of 19 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes ❑ No❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 2 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 3 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 4 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 5 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number Form completed by: Natatie kc� Date: Aug 21,2023 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. -71y T�- � Joy Thompson Signature Name Aug 29,2023 Grant Director Date Title 8/17/2023 9:22:59 AM Page 19 of 19