HomeMy WebLinkAboutAgreement A-23-490 with OTS.pdf Agreement No. 23-490
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT DI24003
1. GRANT TITLE
Alcohol and Drug Impaired Driver Vertical Prosecution Program
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 District Attorne 's Office
5. GRANT DESCRIPTION
The County District 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: $530,500.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
• Schedule A—Problem Statement, Goals and Objectives and Method of Procedure
• Schedule B—Detailed Budget Estimate and Sub-Budget Estimate(if applicable)
• Schedule 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.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME: Steve E.Wright ADDRESS: Sal Quintero
TITLE: Assistant District Attorney Chairman
EMAIL: swright@fresnocountyca.gov salquintero@fresnocountyca.gov
PHONE: (559)600-4430 (559)600-3000
ADDRESS: 2100 Tulare St. 2100 Tulare Street
Fresno, CA 93721 Fresno, CA 93721
Aug 16,2023 sal l,�uirriero Sep 19,2023
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Stephen A. Rusconi ADDRESS: Barbara Rooney
Business Manager Director
srusconi@fresnocountyca.gov barbara.rooney@ots.ca.gov
559-600-4447 (916)509-3030
2100 Tulare Street 2208 Kausen Drive, Suite 300
Fresno, CA 93721 Elk Grove, CA 95758
sf.�. Sep 19,2023 > Sep 25,2023
(Signature) (Date) (Signature) (Date)
8/15/2023 3:33:19 PM Page 1 of 18
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME. Carolyn Vu SAM#: Y7RPN7N8XQY4
ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED
Elk Grove, CA 95758 ADDRESS: 2100 Tulare Street
CITY: Fresno
ZIP+4: 93721-2103
10. PROJECTED EXPENDITURES
FUND CFDA ITEMIAPPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
405d AL-24.1 20.616 0521-0890-101 2022 43/22 BA/22 $180,370.00
405d AL-24 20.616 1 0521-0890-101 2023 12/23 1 BA/23 $350,130.00
AGREEMENT $530,500.00
TOTAL
AMOUNT ENCUMBERED BY THIS DOCUMENT
$530,500.00
I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS
funds for the current budget year are available for the period and AGREEMENT
purpose of the expenditure stated above.
$0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
Sep 19,2023 $530,500.00
8/15/2023 3:33:19 PM Page 2 of 18
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT 13124003
Schedule A
1. PROBLEM STATEMENT
Fresno County is one of California's largest and most diverse counties. It covers over 6,000 square
miles. Fresno County has an estimated population of 1,011,273 as of January 1, 2022, making it the tenth
largest county by population in the state. [CA Dept. of Finance, Jan 1, 2022 County Statistics Report.] It
has the second highest population growth for any county with a population over 1,000,000. [CA Dept. of
Finance, Jan 1, 2022 County Statistics Report.] Fresno County is the sixth-largest county in California by
area, covering 5,958.38 square miles. [Census Bureau, 2020 Census.] At an estimated rate of 19.4%,
Fresno County has a much higher number of its population below the federal poverty level than the State of
California which is at 12.3%. [US Census Bureau "QuickFacts" based upon July 1, 2022 estimates.]
The City of Fresno is the county seat and the largest city in the county. The City of Fresno has the fifth-
largest population in the state at 543,660. [CA Dept. of Finance, Jan 1, 2022 City Population
Rankings.] Fresno County is comprised of fifteen cities, twelve of which are included in the Office of Traffic
Safety's traffic crash rankings.
Fresno County is the number one agriculture-producing county in the United States and produces a vast
array of agricultural products. [Fresno County Farm Bureau, 2021.] Fresno County includes nearly 1.65
million acres of farmland. [USDA Census of Agriculture, 2017 County Profile.] As such, there are
approximately 7,112.54 miles of maintained roads in Fresno County and approximately 2,590.16 miles of
paved roadway in the City of Fresno. [CA Dept. of Transportation Public Road Data Report 2020.]
In addition to the vast miles of country roads, there are twelve major highways in Fresno County, which
include Interstate 5 and State Routes 33, 41, 43, 63, 99, 145, 168, 180, 198, 201 and 269. However,
approximately 54% of travel on Fresno County's maintained roads takes place on rural two-lane undivided
roads. [CA Dept. of Transportation Report 2020.] On average, Fresno County roads see an average of
21,268,579 vehicle miles traveled per day. [OTS Crash Ranking Results 2020.]
The agricultural make-up of Fresno County has created many agricultural industry jobs available throughout
the county. [US Census Bureau "Quick Facts" 2022.] This creates extensive traffic on our rural two-lane
undivided roads. Fresno County drivers are at a higher risk of being involved in a crash with a DUI/DUID
driver with higher risk of serious or fatal injuries on those rural roads. The agricultural industry jobs bring
more potential DUI/DUID drivers into Fresno County who are not familiar with the county's roads.
A growing problem facing Fresno County is the effective education, enforcement, and successful
prosecution of DUID and combination cases. In particular, DUID marijuana cases present additional
challenges for our law enforcement partners and fellow prosecutors for various reasons including the shifting
landscape in public opinion and the rapid dissipation of marijuana metabolites from the bloodstream. DREs,
well-trained law enforcement officers, and prepared prosecutors are necessary to address the increasing
prevalence of DUID and DUID-related crash. Since the onset of the COVID-19 pandemic in 2020, the
number of DREs has been decreasing at a rapid rate statewide and Fresno County is no exception.
Recent research published in 2021 by NHTSA found that 56% of drivers involved in serious injury and fatal
crashes tested positive for at least one drug. [NHTSA Traffic Safety Facts Research Note June
2021.] These findings are corroborated by a recent study conducted by the Orange County Sheriff's
Department, funded by OTS, which analyzed data from the Orange County Crime Laboratory and concluded
that more than 50% of drivers arrested for DUI had at least one impairing drug in their system other than
alcohol. These statistics are alarming and are consistent with problems we are facing in Fresno County. To
address these issues additional resources, education, and public awareness is needed.
Fresno County's worst ranking is in the number of DUI drivers under 21, followed by the overall number of
alcohol related crashes and alcohol-related crashes in drivers aged 21-34. Clearly, Fresno County has a
serious traffic safety problem with younger aged, impaired drivers. Many of the fatal crashes in 2021 and
2022 in Fresno County involved impaired drivers between 18 and 35 years of age.
8/15/2023 3:33:19 PM Page 3 of 18
DUI recidivism is also a problem in Fresno County. Among the larger counties, the rate at which first
offenders had a subsequent DUI incident within 1 year varied from 5.8% in Fresno to 2.9% in Los Angeles,
representing twice the recidivism rate. [2021 Annual Report of the California DUI Management Information
System.] As of the most-recent data in 2018, there is no county larger than Fresno County with as high of a
recidivism rate, with Fresno County representing a one-year recidivism rate almost two full percentage
points higher than the state average. [2021 Annual Report on the California DUI Management Information
System.]
Fresno County law enforcement is comprised of three CHP offices countywide, the Fresno Sheriff's
Department, fourteen city Police Departments and Fresno State College campus police. With the various
smaller police departments continually undergoing personnel changes, it is extremely challenging to keep all
of our local law enforcement current on important DUI legal updates and on call-out protocol regarding DUI
crashes involving serious injuries or death.
With these problem areas in mind, the IVPP team will be focusing on education and continuing to provide
legal updates for local law enforcement. The IVPP team recognizes a need for particular emphasis on the
smaller agencies, as well as keeping the general public informed, with an emphasis on the younger
population. Additionally, the IVPP team will be focused on the education of non-IVPP team prosecutors
regarding the changing law pertaining to and consequences of impaired driving prosecution and conviction.
2. PERFORMANCE MEASURES
A. Goals:
1. Improve the prosecution knowledge and expertise of DUI Alcohol, DUI Drug and DUI Alcohol/Drug
Combination cases.
2. Increase the number of DUI Alcohol, DUI Drug and DUI Alcohol/Drug Combination cases filed and
prosecuted.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The 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. 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 2
to prosecute DUI Alcohol, DUI Drug and DUI Alcohol/Drug Combo cases. The
individual(s) will be dedicated solely to this assignment allowing them to gain
expertise in the investigation and prosecution of DUI Alcohol, DUI Drug, and DUI
Alcohol/Drug Combo 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 1
case reviews, filings, and outcomes in the county/city by December 31,
differentiating between: 1) DUI Alcohol-only; 2) DUI Drug-only; and 3) DUI
Combination
5. Report on all DUI case reviews, filings and outcomes in the county or city 4
throughout the 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 1
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 training s/meetings sponsored by OTS and/or the 1
California Traffic Safety Resource Prosecutor Training Network.
8. Coordinate and host four regional roundtable law enforcement meetings (one each 4
quarter, with telephone or internet conference capabilities) to provide information
on the DUI Vertical Prosecution Program, interact with law enforcement to identify
8/15/2023 3:33:19 PM Page 4 of 18
means to improve DUI investigation and prosecution, and assess technical
assistance needs for training on DUI investigation and court testimony. OTS staff,
local law enforcement, CHP and probation staff should be included in the
roundtable. Agenda and minutes should be produced and distributed. All four
meetings for the year should be scheduled in the first quarter of the grant.
9. Coordinate with local law enforcement agencies on the development of an on-call 1
response protocol for the investigation of fatal and major injury DUI vehicle
crashes, and to report on response activities
10. Participate in at least one DUI saturation ride-along and attend/observe at least 1
one DUI checkpoint. Note: The funded vertical prosecutor(s) and investigator
should participate within the first quarter of the grant. Saturation patrol ride-along
and checkpoint observation may be combined into one evening.
11. Respond to at least one fatal DUI crash investigation scene. Note: The funded 1
vertical prosecutor(s) and investigator(s) should achieve this objective within the
first quarter of the grant.
12. Identify straight time personnel and report on activities completed. Include any 4
vacancies or staff changes that have occurred.
13. District Attorney's Office/ City Attorney's Office to partner with local school and/or 1
youth organizations to provide educational programming about the dangers and
consequences of driving under the influence of alcohol and/or drugs.
3. METHOD OF PROCEDURE
A. Phase 1 — Program Preparation (11t Quarter of Grant Year)
• Recruit and hire all staff for the grant.
• Procure all materials necessary to implement the grant.
• Identify dates and schedule the four Roundtable Meetings (one each quarter with telephone
conference capabilities). Notify the OTS coordinator of the dates. Meetings are meant to provide
information on the DUI Vertical Prosecution Program, interact with law enforcement to identify
means to improve DUI investigation and prosecution, and assess technical assistance needs for
training on DUI investigation and court testimony. OTS staff, TSRP staff, local law enforcement,
CHP and probation staff should be included in the roundtable. Agenda and minutes should be
produced and distributed. All four meetings for the year should be scheduled in the first quarter
of the grant.
• Develop protocols to be used to measure the success of the DUI Prosecution Program.
• Conduct training for all program staff outlining the goals and objectives of the project.
• Refer cases for prosecution to the grant-funded Deputy District/City Attorney(s).
• Transfer all pending DUI cases which qualify under this program so that vertical prosecution may
begin.
• Develop a training protocol for law enforcement agencies within the county, and start a process
of coordinating all reporting, investigation, and referral of cases that qualify under the grant.
Media Requirements
• Issue a press release approved by the OTS PIO announcing the kick-off of the grant by
November 15, but no sooner than October 1. The kick-off release must be approved by the OTS
PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the
November 15 deadline to issue a kick-off press release, communicate reasons to your OTS
coordinator and OTS PIO.
B. Phase 2 —Program Operations (Throughout Grant Year)
• Prosecution will be on-going. The Deputy District/City Attorney(s) will review DUI cases from all
law enforcement agencies in the county/city.
• Training for law enforcement personnel, District Attorney Investigators and other Deputy
District/City Attorneys will begin and continue throughout the program.
• Prosecutor(s) will:
a) Work to secure convictions (as justice requires) and appropriate sentences that reflect the public
safety risk posed by the offender.
b) Mentor trial attorneys on how to successfully try high-risk DUI offenders.
c) Host Quarterly Roundtable meetin s with law enforcement personnel, TSRP and OTS Coordinator.
8/15/2023 3:33:19 PM Page 5 of 18
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
trainings for attorneys and law 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
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 subgrantee, requires prior approval. Please send to the OTS PIO at
pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the
scheduled release date.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving
Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints,
etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are
highly encouraged but do not require prior approval.
8/15/2023 3:33:19 PM Page 6 of 18
• 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 goals and objectives were met, exceeded, or an explanation of why ob ectives 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.
8/15/2023 3:33:19 PM Page 7 of 18
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT D124003
Schedule B
FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT
NUMBER(CFDA
405d AL-24 20.616 Impaired Driving $530,500.00
Countermeasures
COST CATEGORY FUND UNIT COST OR UNITS TOTAL COST TO
NUMBER RATE GRANT
A. PERSONNEL COSTS
Straight Time
Deputy District Attorney 405d AL- $74.19 2,080 $154,315.00
24
Benefit-Deputy DA 405d AL- $115,227.00 1 $115,227.00
24
Deputy District Attorney 405d AL- $69.95 2,080 $145,496.00
24
Benefits-Deputy DA 405d AL- $109,369.00 1 $109,369.00
24
Overtime
$0.00
Category Sub-Total $524,407.00
B. TRAVEL EXPENSES
In State Travel 405d AL- $3,593.00 1 $3,593.00
24
$0.00
Category Sub-Total $3,593.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Prosecution Costs 405d AL- $2,500.00 1 $2,500.00
24
Category Sub-Total $2,500.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $530,500.00
8/15/2023 3:33:19 PM Page 8 of 18
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT D124003
Schedule B-1
BUDGET NARRATIVE
PERSONNEL COSTS
Deputy District Attorney - Hours for prosecutor dedicated to vertically prosecute all felony cases involving
driving under the influence of alcohol and/or drugs. Hours may include wages or authorized absences, such
as annual leave and sick leave, provided they are accrued during the grant term. The prosecutors will attend
training provided by the Traffic Safety Resource Prosecutor Program and deliver training to law
enforcement, investigators and other attorneys within the District Attorne 's Office
Benefit-Deputy DA - Claimed amounts must reflect actual benefit costs for straight time or overtime hours
charged to the grant.
Deputy District Attorney - Hours for prosecutor dedicated to vertically prosecute all felony cases involving
driving under the influence of alcohol and/or drugs. Hours may include wages or authorized absences, such
as annual leave and sick leave, provided they are accrued during the grant term. The prosecutors will attend
training provided by the Traffic Safety Resource Prosecutor Program and deliver training to law
enforcement, investigators and other attorneys within the District Attorne 's Office
Benefits-Deputy DA - 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
Prosecution Costs- Expenses required for the proper prosecution of DUI cases. Costs may include witness
fees, consultation and/or testimony from experts in fields such as crash reconstruction, crush analysis,
evidence gathering, scene analysis, toxicology, oral fluid collection and alcohol and drug impairment and
effects on driving. Other costs may include fees for toxicology reports, and the testing of suspect samples in
a timely manner, the recording of traffic court proceedings, law enforcement transcriptions, copies of death
certificates, and copies of television news clips.
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.
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the
expense of the grantee agency.
8/15/2023 3:33:19 PM Page 9 of 18
State of California—Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT D124003
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 part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act of 1964);
• 28 CFR 50.3(U.S.Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.4601),(prohibits unfair
treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. 1681-1683 and 1685-1686)(prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C.794 et seq.),as amended,(prohibits discrimination on the
basis of disability)and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended,(42 U.S.C.6101 et seq.),(prohibits discrimination on the basis of
age);
• The Civil Rights Restoration Act of 1987,(Pub.L. 100-209),(broadens scope,coverage,and applicability of Title VI of the
Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by
expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal aid
recipients,subrecipients and contractors,whether such programs or activities are Federally-funded or not);
• Titles II and Ill 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;
• LTecutive 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);
• LTeculive Order 13166,Improving Access to Servicesfor 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));
• LTecutive Order 13985,Advancing Racial Equity and Support for Underserved Communities through the Federal
Government(advancing equity across the Federal Government);and
• Lxecutive 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
8/15/2023 3:33:19 PM Page 10 of 18
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 ti 21.2 3(h) and (c) of49 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 Slat. 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 ajjorded 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 10>02A) 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
8/15/2023 3:33:19 PM Page 11 of 18
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.
8/15/2023 3:33:19 PM Page 12 of 18
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
(his: inni,.swn.govi).
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
8/15/2023 3:33:19 PM Page 13 of 18
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:/Awww.sam.gov1).
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.
8/15/2023 3:33:19 PM Page 14 of 18
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.
8/15/2023 3:33:19 PM Page 16 of 18
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.
8/15/2023 3:33:19 PM Page 16 of 18
State of California—Office of Traffic Safety GRANT NUMBER
OTS-55 Grant Electronic Management System (GEMS) Access D124003
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 (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
GRANT DETAILS
Grant Number: D124003
Agency Name: Fresno County District Attorney's Office
Grant Title: Alcohol and Drug Impaired Driver Vertical Prosecution Program
Agreement Total: $530,500.00
Authorizing Official: Sal Quintero
Fiscal Official: Stephen A. Rusconi
Grant Director: Steve E. Wright
CURRENT GEMS USER(S)
1. Ruth Falcon
Title: Senior Accountant Media Contact: No
Phone: (559) 600-4464
Email: rfalcon@fresnocountyca.gov
2. Taylor Long
Title: Public Information Officer Media Contact: Yes
Phone: (559) 600-4334
Email: tlong@fresnocountyca.gov
3. Christopher Moss
Title: Deputy District Attorney Media Contact: No
Phone: (559) 600-4908
Email: cmoss@fresnocountyca.gov
4. Steven Ueltzen
Title: Deputy District Attorney Media Contact: No
Phone: (559) 600-4344
Email: sueltzen@fresnocountyca.gov
8/15/2023 3:33:19 PM Page 17 of 18
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: Date: Aug 16,2023
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
'keye 6- b�& Steve E. Wright
Signature Name
Aug 16, 2023 Grant Director
Date Title
8/15/2023 3:33:19 PM Page 18 of 18
Org 28622500
Fund 0001
Subclass 10000
Revenue 4375