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Resolution No. 100501 2 3 4 5 6 7 8 9 10 11 12 13 1XI! 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 10,050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND RATIFYING THE CITY'S PARTICIPATION IN THE OFFICE OF TRAFFIC SAFETY DUI ENFORCEMENT AND AWARENESS PROGRAM, APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY AND AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO OBTAIN THE GRANT WHEREAS, funds are available from the California Office of Traffic Safety ("OTS"), through the National Highway Traffic Safety Administration, for a DUI Enforcement and Awareness Program (the "Program") to reduce (a) the number of people injured or killed in a tariff collision, (b) the number of people injured or killed in alcohol -involved collisions, (c) the number of hit and run fatal or injury collisions, and (d) the number of nighttime fatal and injury collisions; and WHEREAS, the goal of the Program is to educate the public and make the community aware of the goal of enforcement in "Driving Under the Influence" ("DUI") offences in order to make our streets safer; and WHEREAS, the City has participated in OTS grants in the past respecting seatbelt violations, speed control and other traffic safety programs, because the City Council of the City of Vernon considers the prevention of injuries and/or death due to traffic collisions to be of the highest priority; and WHEREAS, participation in the Program would enhance the capability of the Vernon Police Department to enforce DUI offenses, thereby enhancing the services provided to citizens, residents, - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 oasis 16 17 18 19 20 PAN 22 23 24 25 26 27 28 businesses and employees in the City of Vernon and neighboring communities; and WHEREAS, in January of 2009, the Vernon Police Department submitted an application requesting to be considered for grant money under the Program, subject to ratification by the City Council, and on May 13, 2009, the OTS tentatively approved funding of $65,588.00 for the period of October 1, 2009 to September 30, 2010 under the DUI Enforcement and Awareness Program, Grant No. AL1065 (the "Grant"); and WHEREAS, the Police Department's objectives under the,Grant will include conducting DUI checkpoints, saturation patrols, DUI warrant service operations, stakeouts for repeat offenders and court stings, administering field sobriety tests, and developing a "Hot Sheet" which identifies repeat DUI offenders; and WHEREAS, in order to receive funding under the Grant, the City of Vernon needs to execute a Grant Agreement, an Acceptance of Conditions and Certifications and such other documents as required by the OTS; and WHEREAS, by memo dated July 29, 2009, the Chief of Police has recommended that City participate in the Program and approve and authorize the execution of the necessary documents to receive funding under the Grant in the sum of $65,588.00; and WHEREAS, the City Council of the City of Vernon desires to approve and ratify the Police Department's actions in submitting an application for the Grant in January 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hand correct. SECTION 2: The City Council of the City of Vernon hereby approves and ratifies the Police Department's actions in submitting an application for funding under the DUI Enforcement and Awareness Program in January 2009. SECTION 3: The City Council of the City of Vernon hereby approves the Grant Agreement and Acceptance of Conditions and Certifications, Grant No. AL-1065, with the OTS, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute the Grant Agreement and the Acceptance of Conditions and Certifications for, and on behalf of, the City of Vernon. For purposes of this Grant, the City Council of the City of Vernon hereby appoints Francesco Pirello, Traffic Sergeant, as the Grant Director and Rory Burnett, Finance Director, as the Fiscal Official and authorizes the Grant Director and the Fiscal Official to execute the Grant Agreement and the Acceptance of Conditions and Certifications. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute any and all documents necessary for the purpose of securing grant funds and to implement and carry out the purposes specified in the grant application for, and on behalf of, the City of Vernon. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to submit the signed documents to the OTS. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City. APPROVED AND ADOPTED this 24th day of August, 20,09. Name: Hilario Gonzales AT ST: ANUELA GIRON, C'ty Clerk Title: Mayor—Ia,v—- - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 10,050, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, August 24, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this '�Y�day of August, 2009, at Vernon, California. (SEAL) X-Ie� MANUELA GIRO , City Clerk - 5 - EXHIBIT A y r -` State of California .n�ll��'aalylFi`T ... 4` rr GRANT NUMBER r--�,a OFFICE OF TRAFFIC SAFETY AL1065 GRANT AGREEMENT PAGE 1(To be completed by applicant Agency) 1. GRANT TITLE DUI ENFORCEMENT AND AWARENESS PROGRAM 2. NAME OF APPLICANT AGENCY 4. GRANT PERIOD CrrY OF VERNON Month — Day - Year From: 104-2009 3. AGENCY UNIT.TO HANDLE GRANT VERNON POLICE DEPARTMENT To: 9-30-2010 5. GRANT DESCRIPTION (Provide an overview of the grant activities that will. address the problem statement, in approximately 100 words. Space is limited to six lines.) To reduce the persons killed and.injured in alcohol involved crashes, "best practice" strategies will be conducted on an overtime basis. The funded strategies include DUI/Driver's License checkpoints and DUI saturation patrols. This program will also develop a 'Hot Sheet' program and conduct 'Stakeout' operations for officers to. concentrate on repeat DUI offenders on probation who have had their license suspended .or revoked. Court 'sting' operations will focus on DUI offenders with a suspended or revoked driver license who get behind the wheel. after leaving court. Through warrant service details, the police department will target repeat DUI violators who failed to appear in court or violate probation. These strategies are designed to earn media attention thus enli"tincing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 65,588.00 7. . APPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Francesco Pirello PxoNE:323-587-5171 NAME: Donal O'Callaghan PHONE: (323) TITLE: Traffic Sergeant FAX: 323-826-1481 583-8811 x 834 TITLE: City Administrator FAX: (323) 826-1408 ADDRESS: 4305 Santa Fe Avenue ADDRESS: 4305 Santa Fe Avenue ' Vernon, CA 90058 Vernon, CA 90058 E-MAIL: fpirello@covpd.org E-MAIL:- docallaghan@- i.vernon.Ca.us (Signature) (Date) (Signature),,,(Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHoRIZED TO RECEIVE PAYMENTS NAME: Rory Burnett PHQNE:323-583-8811 NAME: City of Vernon Treasurer TITLE: Finance Director FAX.- 323-826-1433 ADDRESS: 4305 Santa Fe Avenue ADDRESS:, 4305 Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 E-MAIL: RBurnett@Ci.Vernon.ca.uS (Signature) (Date) OTS-38 (Rev. 6/06) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: AL1065 GRANT DESCRIPTION Page 1 GRANT TITLE: DUI ENFORCEMENT AND AWARENESS PROGRAM AGENCY: VERNON POLICE DEPARTMENT PROPOSED BEGINNING DATE: 10/1/09 PROPOSED ENDING DATE: 9/30/10 PROBLEM STATEMENT: - Using local data (not OTS Rankings or SWITRS) complete the table below. Collision Type 2005 2006 2007 Collisions Victims Collisions Victims Collisions . Victims Fatal 5 5 1 1 0 0 Injury 126 175 ' 114 142 95 125 Fatal Iniury Killed Injured Fatal Injury Killed Injured` Fatal Injury Killed Injured Alcohol Involved 3 8 5 21 ` 0 7 0 15 ; 0 4 0 6 Hit & Run 2 7 4 9 0 15 ; 0 24 0 37 0 8 Nighttime 1 14 1 18 ;0 14 0 18 0 9 0 12 (2100-0259 hours) Please provide detailed answers to the following questions as part of the Problem Statement: 1. Describe the traffic safety problem(s) to be addressed, include: • What percent of your collisions involve_drivers with a suspended_or revoked license or drivers who have never been issued a license? • What percent of your total DUI arrests between October 1, 2007, and September 30, 2008, were made as a result of a collision? In 2008, 26% of all traffic collisions involved drivers with a suspended or revoked license or drivers who have never been issued a license. From October 1, 2007 to September 30, 2008, 25% of all of the DUI arrests made were as a result of a traffic collision. 2. How many sobriety checkpoints did your department conduct between October 1, 2007 and ,September 30, 2008? (Include checkpoints from all funding sources, i.e. OTS grants or mini -grants, and department funded) OTS Grant #: N/A, ,# of Checkpoints: N/A (Not AVOID) OTS Grant #: N/A; # of Checkpoints: N/A (Not AVOID) Mini -Grant #: N/A; # of Checkpoints: N/A # of AVOID Supported Checkpoints: 0 (In Your Jurisdiction) # of Department Funded Checkpoints: 1 (Not OTS Funded) Additional Information: Vernon P.D. hosted an Avoid the 100 Checkpoint on 12/12/08 3. What is the average number of DUI arrests and vehicles impounded per checkpoint? OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: AL1065 (RANT DESCRIPTION Page 2 1.5 Arrests and 29 vehicles impounded 4. Does your agency participate in an AVOID DUI program? Yes • AVOID the 100 DUI Campaign in Los Angeles County 5. What is the magnitude of your city's problem concerning repeat DUI offenders who violate probation or fail to appear in court? Do you currently have a program that proactively addresses this issue? As with many other jurisdictions, Vernon Police Department has experienced a steady increase in repeat DUI offenders who fail to appear in court or violate their probation. According to our Detective staff who process outstanding warrants, about 15% of our DUI offenders violate probation or fail to appear in court. Vernon PD Detectives actively pursue offenders once the. warrant notice has been received. In addition, when staffing level permits, Vernon Police Department conducts warrant sweeps which include active DUI warrants. 6. Do you have a backlog of unserved warrants for repeat DUI offenders? Yes. _ Our detectives make attempts at serving all unserved warrants, in particular the warrants for repeat DUI offenders. However, with increasing ease loads, the detectives are finding it difficult to allocate time and resources to serving warrants. 7. How many of your traffic officers have received Standardized Field Sobriety Testing (SFST) training? 72% of all Vernon P.D. patrol officers (18 of 25 officers) have received Standardized Field Sobriety Testing training. 8. What is your current administrative recovery fee for vehicles impounded for up to 30 days and how much of the fee goes to the General Fund vs. a special Traffic Offenderaccount? How is it used? The current administrative recovery fee for the release of impounded vehicles is $100.00 The fees are posted to a revenue account with in the General Fund. PERFORMANCE MEASURES: Goals: Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant program. 1. To reduce the number of persons killed in traffic collisions. 2. To reduce the number of person injured in traffic collisions. 3. To reduce the number of persons killed in alcohol -involved collisions. 4. To reduce the number of persons injured in alcohol -involved collisions. OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE A GRANT No: AL1065 GRANT DESCRIPTION Page 3 5. To reduce hit & run fatal collisions. 6. To reduce hit & run injury collisions. 7. To reduce nighttime (2100 - 0259 hours) fatal collisions. 8. To reduce nighttime (2100 - 0259 hours) injury collisions. Objectives: Objectives are the tasks or activities undertaken during the grant period to make the goals a reality. Objectives are designed to move you closer to achieving your overall goals. Objectives are used to measure grantee's success. 1. To issue a press release announcing the kick-off of the grant by November 15, 2009. The press releases and media advisories, alerts, and materials must be forwarded to the OTS Public Information Officer at pio@ots.ca.gov and copy the OTS Coordinator for approval 14 days prior to the issuance date of the release. 2. To use the following standard language in all press, media, and printed materials: "Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration." 3. To email a draft of all grant -related media releases, media advisories, alerts and materials to the OTS Public Information Officer at pio@ots.ca.jzov and copied to your OTS Coordinator for approval 14- days prior to the issuance date of the release (media communications reporting the results of grant activities such as checkpoints and saturation patrols are exempt from this) requirement). 4. To submit applications for the California Law Enforcement Challenge (http://www.chn.ca.eov/clec/index.htmi) by the deadlines of March 31, 2010 to OTS and: California Law Enforcement Challenge P.O. Box 942898 Sacramento, CA 94298-0001 Attention: Special Projects Section (052) 5. To conduct Standardized Field Sobriety Testing (SFST) training for 4 officers by March 26, 2010. 6. To conduct 4 DUI/DL checkpoints by September 30, 2010. , Note: For combination DUIIDL checkpoints, departments must issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Also, according to the Attorney General's Office all DUI/DL checkpoint operations, must have signs reading "DUI/Driver's License Checkpoint Ahead " OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: AL1065 GRANT DESCRIPTION Page 4 To maximize effectiveness, it may be necessary to conduct a checkpoint operation at more than one location on any given day/ night. Each checkpoint should be highly publicized and visible. No occupant restraint citations will be issued at the checkpoints. OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval, will OTS fund checkpoint operations that begin prior to 1800 hours. 7. To conduct 4 DUI saturation patrols by September 30, 2010. 8. To conduct 4 warrant service operations targeting multiple DUI offenders who violate probation terms or fail to appear in court by September 30, 2010. 9. To develop a "Hot Sheet" program to notify patrol 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 by December 31, 2009. Updated Hot Sheets will be distributed to patrol and traffic officers every three to four weeks. 10. To conduct 2 "Stakeout" operations that employ police officers to observe the "worst of the worst" repeat DUI offender probationers with a suspended or revoked driver license by September 30, 2010. 11. To conduct 2 "Court Sting" operations to cite individuals driving from court after having their license suspended or revoked by September 30, 2010. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. METHOD OF PROCEDURE: I Phase I: Program Preparation and Training and Implementation (October 1, 2009 -December 31, 2009) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • A draft news release will be submitted to OTS to announce the grant program. • All training needed to implement the program will be conducted this quarter. • All grant related purchases needed to implement the program will be made this quarter. • In order to develop the "Hot Sheets", research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI conviction. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets will be updated and distributed to traffic and patrol officers every three to four weeks. OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: AL1065 GRANT DESCRIPTION Page 5 • The police department will meet with appropriate court personnel to help develop an operational plan to conduct court stings. Phase II: Community Awareness (Throughout Grant Period) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Phase III: Data Gathering and Analysis (Throughout Grant Period) • The police department will submit a Quarterly Performance Report (QPR) and Quarterly Evaluation Data Form, Schedule C within 30 days following each calendar quarter. • The final QPR, Schedule C and Executive Summary,are due to OTS by October 31, 2010. • Reports shall be completed in accordance, with OTS requirements specified in the Grant Program Manual, Chapter 7, and submitted in compliance with the signed Acceptance of Conditions and Certifications (OTS-33) included within this agreement. METHOD OF EVALUATION: The Office of Traffic Safety will use the QPR data to determine whether the grant was successful. OTS will also select grants for monitoring reviews to ensure the accuracy of claimed costs. For example, OTS will review claimed costs to ensure they are supported by time sheets, vouchers, invoices, purchase orders, etc. ADMINISTRATIVE SUPPORT: This program has full support of the City of Vernon, effort will be made to continue the activities after the grant conclusion. The City Council has endorsed this grant by resolution. OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY DUI Overtime SCHEDULE B - PAGE 1 DETAILED BUDGET ESTIMATE GRANT NO. AL1065 FISCAL YEAR ESTIMATES COST CATEGORY FFY -1 10/1/2009 TOTAL COST Thru 9/30/2010 TO GRANT A. PERSONNEL COSTS OVERTIME DUI/DL Checkpoints $35,440.00 $35,440.00 DUI Saturation Patrols 5,952.00 5,952.00 Warrant Service Patrols 5,952.00 5,952.00 Stakeouts 4,464.00 4,464.00 Court Stings 4,464.00 4,464.00 Overtime Benefits @ 1.45% 816.00 816.00 Category Sub -Total $57,088.001 $57,088.00 B. TRAVEL EXPENSE In State $2,500.00 $2;500.00 Out of State 0.00 0.00 Category Sub-Totall $2,500.001 $2,500.00 C. CONTRACTUAL SERVICES None $0.00 Category Sub -Total $0.00 $0.00 OTS-38d DUI Overtime (Rev. 10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE B - PAGE 2 DETAILED BUDGET ESTIMATE GRANT NO. AL1065 FISCAL YEAR ESTIMATES COST CATEGORY FFY -1 10/1/2009 TOTAL COST Thru 9/30/2010 TO GRANT D. EQUIPMENT $0.00 0.00 0.00 0.00 0.00 Category Sub-Totall $0.001 $0.00 E. OTHER DIRECT COSTS Checkpoint Supplies $4,000.00 $4,000.00 Digital Camera Video Recorder 500.00 500.00 PAS Device/Calibration Unit 1,500.00 1,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Category Sub -Total $6,000.00j $6,000.00 F. INDIRECT COSTS None $0.00 $0.00 Category Sub -Total $0.00 $0.00 GRANT TOTAL $65,588.100 $65,588,00 OTS-38e DUI Overtime (Rev. 10/08) GRANTS MADE EASY— DUI Overtime SCHEDULE B-1 GRANT No. AL1065 BUDGET NARRATIVE Page 1 PERSONNEL COSTS: Overtime Budgeted grant activities will be conducted by agency personnel on an overtime basis. Grant funded operations may be conducted by personnel such as an Officer, Lieutenant, Sergeant, Corporal, Deputy, Community Services Officer, Dispatcher etc., depending on the titles used by the agency. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $39.00/hr to $93.00/hr[mmii. Overtime reimbursement (OT hourly rate and benefit) will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Maximum Overtime Benefit RatefOTS21 Unemployment Insurance 0% Social Security/FICA (OASDI) 1.45% Workers Compensation 0% Medicare 0% State Disability/SDI 0% (enter name and % of additional overtime benefit) 0% (enter name and % of additional overtime benefit) 0% Total Benefit Rate 1.45% I TRAVEL EXPENSE: In -State Costs are included for appropriate staff to attend conferences and training events supporting the grants goals' and objectives and/or traffic safety. Funds maybe used to attend OTS approved training. Anticipated travel and events include local mileage for grant activities and meetings, Grantee Operational Training, Vehicular Homicide Seminar and Cavenaugh and Associates DUI Investigations course. All conferences, seminars or training not specifically identified in the Schedule B-1 must be approved by OTS. All travel claimed would 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. Note: To be eligible to attend the Vehicular Homicide Seminar the grantee must have successfully, completed the POST DWI Detection and SFST course along with completion of the Accident Scene Investigation course. The officer/detective selected to attend the Vehicle Homicide conference should be currently assigned to work on DUI fatal collisions for their agency. Out -Of -State None OTS-38f GME DUI Overtime (Rev. 10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE B-1 GRANT No. AL1065 BUDGET NARRATIVE Page 2 CONTRACTUAL SERVICES: None EQUIPMENT: None OTHER DIRECT COSTS: Checkpoint Supplies- On -scene supplies are. needed to appropriately conduct sobriety checkpoints. Items included are cones, checkpoint signage, vests (maximum of 10), portable generator, lighting, reflective banners, flares, PAS device supplies, portable heater, fan and canopy. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Digital Camera/Video Recorder One (1) digital camera will be used to capture images while conducting grant related activities, such an enforcement operations, collision scenes, educational events/activities and to aid in prosecution of DUI cases. PAS Devices/Calibration Units (One (1) Preliminary Alcohol Screening Device will assist officers in enhanced enforcement efforts related to.M. PAS calibration units are used to ensure accuracy of the device.[mm3] INDIRECT COSTS: None PROGRAM INCOME: There will be no program income generated from this grant. [OTS4] OTS-38f GME DUI Overtime (Rev. 10/08) STATE OF CALIFORNIA • OFFICE OF TRAFFIC SAFETY ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS OTS-33 (Rev. 09/08) APPLICANT AGENCY Vernon Police OTS GRANT NUMBER The following attachments are included herein and constitute a part of this Grant Agreement: 1. OTS -38 —Page 1 5. Schedule C — Quarterly Evaluation Data (when required) 2. Schedule A — Grant Description 6. OTS-33 — Acceptance of Conditions and Certifications 3. Schedule B — Detailed Budget 7. General Terms, Conditions, and Certifications Estimate for Grant Costs (OTS Grant Program Manual (GPM), Exhibit 6A. GPM available on-line at www.ots.ca.gov) 4. Schedule B-1—Budget Narrative TERMS AND CONDITIONS It is understood and agreed by the Grantee that grant funds received as a result of this Agreement are subject to all applicable federal and state regulations governing grants and to the following applicable controls, terms and consideration expressed in the OTS Grant Program Manual which includes but is not limited to: REPORTS/ CLAIMS FOR REIMBURSEMENT Quarterly Performance Reports and Reimbursement Claims must be submitted by the Grantee to the Office of Traffic Safety (OTS) by January 30, April 30, July 30, and October 30, during each year of grant operation. The failure to timely submit complete and correct claims within sixty (60) days of their due dates may constitute Grantees irrevocable waiver of any right to thereafter recover from Grantor any part of those waived grant sums which may thereafter be reallocated or reverted by Grantor. 2. OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a Grantee fails to comply with any applicable term or condition of this Grant Agreement or program guidelines (GPM, Chapter 3.11). This may include, but is not limited to, the following: • Failure to submit acceptable and timely reimbursements claims; • Failure to submit acceptable and timely quarterly performance reports; • Failure to submit an acceptable and timely Schedule C, Quarterly Evaluation Data (OTS-38g, applies only when a Schedule C has been required); Failure to comply with requirement of the Single Audit Act (GPM, Chapter 4.11); and 3. By October 30, "continuing" grants must submit a September 30 claim and a written justification to support carrying forward the remaining grant year unexpended funds. September 30 claims and written justifications, supporting the carrying forward of these prior year unexpended funds submitted after November 30 may not be processed and the prior claim (i.e., June 30) will be considered the year-end claim in order to close out the federal fiscal year ending September 30. In addition, these unexpended funds will be de -obligated and allocated to new grants. SUB -CONTRACTS Grantee may enter into subcontract(s) to perform applicable provisions of this Grant Agreement. The Grantee is responsible for ensuring that all activities delegated to subcontractors are in support 'of this Grant Agreement. A. Grantee is the responsible party and shall remain liable for the performance of the terms, conditions, assurances, and certifications of this Grant Agreement, without recourse to the State, regarding the settlement and satisfaction of all contractual and administrative issues arising out of subcontract agreement(s) entered into in support of this Grant Agreement, including disputes, claims, or other matters of a contractual nature as well as civil liability arising out of negligence or intentional misconduct of the subcontractor(s). B. Nothing contained in this Grant Agreement shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Grantee of its responsibilities and obligations hereunder. Grantee agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 4. Consultants and/or sub -contractors shall be selected in accordance with the grantee agency' procurement policies and procedures in order to comply with the terms of this agreement and in accordance with OTS GPM Chapter 6 Procurement & Contract Administration and Exhibit 6-A General Terms, Conditions, and Certifications. The Grantee, consultant, contractor and/or sub -contractor are subject to all applicable terms and conditions and are bound by the applicable certifications of the Grant Agreement and 49 CFR Part 18, and/or CFR Part 19 whichever is applicable. Grantor is not obligated to make any payment under any agreement prior to final execution or .outside the terms of the sub -contract period. Contractor/Grantee Agency expenditures incurred prior to final sub -contract execution are taken at the risk of that Contractor/Grantee Agency.and will be considered unallowable if that agreement/sub-contract is not executed. AVAILABILITY OF FUNDs 5. If, during the term of the Grant award; federal funds become reduced or eliminated, OTS may immediately, terminate or reduce the Grant award sum for allowable and uncancelable grant costs incurred following receipt of Grantor's written notice to the Grantee. 6. Funds Awarded under Catalog of Federal Domestic Assistance (CFDA) Number 20.600. REVISIONS . 7. Grant Agreement revisions are allowed in accordance with the guidelines detailed in the OTS GPM, 2 Chapter 3.9 and conforming to the revision examples provided in. Chapter 3.8. All appropriate documentation required to request a grant revision requiring Grantor's approval (i.e. budget category increases, etc.) must be timely submitted to Grantor. 8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto'. 9. Those additional applicable terms and conditions identified in the OTS GPM, Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-A), are incorporated herein by reference and made a part of this Agreement. TRAFFIC ENFORCEMENT AGENCIES ONLY: 10. Full time Grantee traffic enforcement personnel and any equipment funded under this Grant shall be dedicated solely to Grant supported enforcement tasks unless a criminal offense is committed in the officer's presence and response to an officer in distress is initiated, and a riot requires that all available enforcement personnel be committed in response. 11. By signing this document the Grantee certifies that it is not suspended or debarred from doing business with the Federal Government. We, the officials named below, hereby swear that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. Executed on the date and in the county named below and made under penalty of perjury under the laws of the State of California. GRANT DIRECTOR'S NAME EXECUTED IN THE COUNTY of GRANT DIRECTOR'S SIGNATURE DATE ExEcUTED AUTHORIZING OFFICIAL'S NAME EXECUTED IN.= COUNTY of Donal O'Callaghan Los Angeles AUTHORIZING OFFICIAL'S SIGNATURE DATE EXECUTED TITLE City Administrator 3 EXHIBIT 6-A GENERAL TERMS, CONDITIONS, AND CERTIFICATIONS These terms and conditions, when applicable, are to be incorporated by reference and made a part of, but not necessarily limited to, the following documents: grants, subgrants, contracts, subcontracts, interagency agreements, invitations for bid, and requests for proposal for goods or services for which Office of Traffic Safety grant funding reimbursement is requested. 1. Amendment. No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any.of the parties. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 2. Antitrust claims. The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Code sections set out below. a. The Government Code chapter on antitrust claims contains the following definitions: (1) "Public purchase means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. (2) "Public purchasing body means the state or the subdivision or agency making a public purchase. (Reference: GC Section 4550) b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest. in and to all -causes of action it my have under Section 4 of the ClaytonAct,(15 USC 15; [Title 15 Commerce and Trade, Chapter 1, Monopolies and Combinations in Restraint, of Trade, Section 15, Suits by Persons Injured]) or under the Cartwright Act (Chapter 2 ) commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (Reference: GC Section 4552) C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body: any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (Reference: GC Section 4553) 1 (Rev. 5/08) EXHIBIT 6-A (Cont.) d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. ` (Reference: GC Section 4554) 3. Approval. This agreement is of no force or effect until signed by both parties and approved by the Office of Traffic Safety. Subgrantee, contractor, or subcontractormay not commence performance until such approval has been obtained. (Reference: California Department of General Services (DGS) Standard Agreement ".General Terms and Conditions," form GTC304) 4. Assignment. This agreement is not assignable by the contractor, either in whole or in part, without the consent of the Office of Traffic Safety in the form of a formal written amendment. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 5. Audits and access to records. Contractor agrees that the California Office of Traffic Safety, the National Highway Traffic Safety Administration, or their designated representative(s), shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the state to audit records and interview staff in any subcontract related to the performance of this agreement. (Reference: Government Code (GC) 8546.7, Public Contract Code (PCC) 10115 et. seq., California Code of Regulations (CCR) Title 2, Section 1896). 6. Availability of funds. It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. This contract is valid and enforceable only if sufficient funds are made available to the state by the United States Government for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner: The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds. The Administrator has the option to void the contract under the thirty -day cancellation clause or to amend the contract to reflect any reduction for funds. (Reference: State Contracting Manual, Chapter 3) 2 (Rev. 5/08) EXHIBIT 6-A (Cont.) 7. Buy America Act. (Applies only to Federal -aid construction grants located on federal - aid highways, highways classified as local roads and rural minor collectors and transportation enhancement grants.) Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall grant contract by more than 25 percent. Clear justification for the purchase of non -domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. (Reference: "Buy America Act" 23 USC 101 Note) 8. Byrd Anti -Lobbying Amendment (31 USC 1352). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress; or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. 9. Child Support Compliance Act. "For any agreement in excess of $100,000, the contractor acknowledges in accordance with, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor; to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 10. Clean Air Act (42 USC 7401 et sea.) and the Federal Water Pollution Control Act (33 USC 1251 et sea.), as amended. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to. agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.). Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11. Compensation. The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, 3 (Rev. 5/08) EXHIBIT 6-A (Cont.) including travel, per diem, and taxes, unless otherwise expressly so provided. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 12. Consultant/Subcontracts. Competition. No grantee shall draft, or cause to be drafted, any invitation to bid or request for proposal, in connection with the awarding of a consulting services contract, in such a manner as to limit the bidding directly to any one bidder. At least three competitive bids or proposals shall be secured for each consulting services contract. (Reference: PCC §§ 10372 and 10373) Independent contractor. Contractor, and the agents and employees of contractor, in the performance of this agreement; shall act in an independent capacity and not as officers or employees or agents of the state. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) Progress schedule. Grantees entering into a contractual agreement for consultant services totaling. five thousand dollars ($5,000) or more shall include detailed criteria and a mandatory progress schedule. (Reference: PCC § 10371) Progress payments: Grantees may provide for progress payments to consultants for work performed or costs incurred in the performance of the contract. Not less than ten percent of the contract amount shall be withheld pending final completion of the contract and an evaluation of the contractor's performance. If the contract consists of the performance of separate and distinct tasks, then any funds so withheld with regard to a particular task may be paid upon completion of that task and an evaluation of the, contractor's performance. (Reference: PCC § 10379) 13. Contract Work Hours and Safety Standards Act (40 USC 327-333). Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-333), as supplemented by; Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work,and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or, articles ordinarily available on the open market, or contracts for transportation of transmission of intelligence. 14. Convict/forced labor. No foreign -made equipment, materials, or supplies furnished pursuant to this contract may be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. (Reference: PCC § 6108) 4 (Rev. 5/08) EXHIBIT 6-A (Cont.) 15. Copeland "Anti -Kickback" Act (18 USC 874 and 40 USC 2760. All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and sub recipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 USC 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the federal awarding agency. 16. Copyrights (41CFR 105-71.134). The federal -awarding agency reserves a royalty -free; nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 17. Credits/Disclaimer (OTS Grant Program Manual, Chanter 7). The Final Report, in addition to any other credits, shall include the following statement: "This grant is a part of the California Traffic Safety Program and was made possible through the support of the California Office of Traffic Safety; Business, Transportation and Housing Agency; State of California; and the National Highway Traffic Safety Administration." In addition, the Final Report shall include the following statement: "The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, or the National Highway Traffic Safety Administration." 18. Davis -Bacon Act, as amended (40 USC 276a to a-7). When required by federal program legislation, all construction contracts awarded by the recipients and sub recipients of more than $2,000 shall include a.provision for compliance with the Davis - Bacon Act (40 USC 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the federal awarding. agency. 19. Debarred and suspended parties.: Grantees, subgrantees, contractors, and subcontractors must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." (Reference: 49 CFR 18.35) 5 (Rev. 5/08) EXHIBIT 6-A (Cont.) 20. Disadvantaged business enterprise/small business affirmative steps. Grantees, subgrantees, contractors, or subcontractors will take all necessary affirmative steps to assure that disadvantaged business enterprises (DBE), as defined in 49 CFR Section 26.5, and labor surplus area firms are used when possible. Affirmative steps shall include: a. Placing qualified DBEs and small businesses on solicitation lists. b. Assuring that DBEs and small businesses are solicited whenever they are potential sources. C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and DBEs. d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and DBEs. e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. f. Requiring. the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. (Reference: 49 CFR 18) 21. Disclosure requirements. a. Any document or written report.prepared for or under the direction of a state or local agency, which is prepared in whole or in part by non -employees of such agency, shall contain the contract numbers and the dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report when the total cost for such work performed by non -employees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be set forth in a separate section of each such document or written report. b. When multiple documents or written reports are the subject or product of the contract, the total contract amount is deemed to represent the compensation for those multiple documents or written reports. (Reference: GC § 7550) 22. Disputes. Contractor shall continue with the responsibilities under this agreement during any dispute. (Reference: DGS Standard Agreements "General Terms and Conditions," form GTC304) 23. Document. Retention and Access. The Grantee certifies that it will comply with the retention and access requirements for records established by 49 CFR Part 18.42. The required records and documentation relating to the grant and/or sub -contract shall be retained for a minimum of three years after the starting date of the retention period as defined in Section 18.42. The OTS or their authorized representative shall have the right of access to any books, documents, papers, or other records of grantees, contractors, or 6 (Rev. 5/08) EXHIBIT 6-A (Cont.) sub -contractors which are pertinent to the grant and/or contract, in order to make audits, examinations, excerpts and transcripts. The right of access is not limited by the required retention period and shall last as long as the records are retained. 24. Eauipment. Equipment acquired under this agreement for use in highway safety program areas shall be used and kept in operation for highway safety purposes by the state; or the state, by formal agreement with appropriate officials of a political subdivision or state agency, shall cause such equipment to be used and kept in operation for highway safety purposes. (Reference: 23 CFR 1200.21) 25. Eaual employment opportunity. All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part 60,."Office of Federal Contract Compliance Programs, Equal Employment Opportunity, and Department of Labor" (Reference: OMB Circular A-110, Appendix A —reference applies to Clauses 31 through 37) 26. Financial management system. The grantee, subgrantee, contractor, or subcontractor will comply with all applicable state, local, and federal procurement procedures and will maintain a financial management system that complies with the minimum requirements of 49 CFR 18.20. 27. Governing law. This contract is governed by and shall be interpreted in accordance with the. laws of the State of California. (Reference: DGS Standard Agreement "General Terms and Conditions," formGTC304) 28. Indemnification: Contractor agrees to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by contractor in the performance of this agreement. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 29. Intangible property. a. The recipient (grantee, subgrantee, contractor, or subcontractor) may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under award. The California Office of Traffic Safety and the National Highway Traffic Safety Administration reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. b. Recipients are subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and 7 (Rev. 5/08) EXHIBIT 6-A (Cont.) Small Business Firms Under Government Grants, Contracts., and Cooperative Agreements." C. The federal government has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes. d. (1) In addition, in response to a Freedom of Information Act (FOIA) request for research data relating to published research findings produced under an award that were used by the federal government in developing an agency action that has the force and effect of law, the federal awarding agency shall request, and the recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the federal awarding agency obtains the research data solely in response to a FOIA request, the agency may charge the requester a "reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect costs incurred by the agency, the recipient, and applicable sub recipients. This fee is in addition to any fees the agency may assess under the FOIA (5 USC 552(A)(4)(a)). (2) The following definitions apply for purposes of paragraph (d) of this section: (i) Research data is defined as the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, but not any of the following: preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. This "recorded" material excludes physical objects (e.g., laboratory samples). Research data also do not include: (A) Trade secrets, commercial information, materials necessary to be held confidential by a researcher until they are published or similar information which is protected under law; and (B) Personnel and medical information and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy,. such as information that could be used to identify a particular person in a research study. (ii)Publi shed is defined as either when: (A) Research findings are published in a peer -reviewed scientific of technical jourrial; or 8 (Rev. 5/08) EXHIBIT 6-A (Cont.) (B) A federal agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. (iii) Used by the federal government in developing an agency action that has the force and effect of law is defined as when an agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. e. Title to intangible property and. debt instruments acquired under an award or subaward vests upon acquisition in the recipient. The recipient shall use that property for the originally -authorized purpose, and the recipient shall not encumber the property without approval of the federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of OMB Circular A-110, paragraph 34(g) (Reference: Office of Management and Budget (OMB) Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, and OMB Circular A-102 Grants and Cooperative Agreements with State and Local Governments) 30. Logos. The OTS logo will appear on all promotional materials where appropriate and practical. Contact the appropriate OTS Coordinator for copies. 31. Non-discrimination clause. State requirements: During the performance of this agreement, contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Federal requirements: In addition to state non-discrimination requirements, grantees, subgrantees, contractors, and subcontractors will comply with all federal statutes and implementing regulations relating to nondiscrimination. Federal nondiscrimination statutes include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin and 49 CFR Part 21; (b) Title IX of the Education Amendments of 1972, as amended (20 9 (Rev. 5/08) EXHIBIT 6-A (Cont.) USC §§,1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicaps; Americans with Disabilities Act of 1990 42 USC §§ 12101 et seq. and implementing regulations, relating to nondiscrimination on the basis of disability, 29 -CFR Parts 160, 1602 (Title I, EEOC), 28 CFR Part 35 (Title II, Department of Justice) 49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation) 28 CFR Part 36 (Title III, Department of Justice), 47 CFR §§ 64.601 et seq. (Title IV, FCC), and 49 CFR Part 27 (d) the Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107, which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91- 616); as amended, relating to nondiscrimination on the basis of alcohol, abuse of alcoholism; (g) §§ 523' and 527 of the Public Health Service Act of 1912 (42 USC §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of house; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and,. 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement. 32. Political Activity (Hatch Act). All individuals employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, including grants from the California Office of Traffic Safety, have been made aware of the provisions of 5 USC, Government Organization and Employees; Part II, Civil Service Functions and Responsibilities; Chapter 15, Political Activity of Certain State and Local Employees; Sections 1501 through 1508. This statute does not include individuals employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization. (Reference: 5 USC §§ 1501-1508 and 5 CFR 151) 33. Priority hiring considerations: For contracts in excess of $200,000, the contractor, in accordance with the California Public Contracting Code § 10353, shall consider filling vacancies in positions funded by the contract to qualified recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, in accordance with Article..3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. This section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be, applicable to any contracts fora grant as defined in Section 10105. (Section 10105 defines a grant as "... the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement of any kind which will exceed a total cost calculated pursuant to subdivision (b)." 10 (Rev. 5/08) EXHIBIT 6-A (Cont.) This section and Article 3.9(commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be construed so as to do any of the following: a. Interfere with or create a violation of the terms of valid collective bargaining agreements. b. Require the contractor to hire an unqualified recipient of aid. C. Interfere with, or create a violation of, any federal affirmative action obligation of a contractor for hiring disabled veterans or veterans of the Vietnam era. d. Interfere with, or create a violation of, the requirements of Section 12990 of the Government Code. (Reference: PCC § 10353) 34. Program Income (41 CFR 105-71.125 and OTS Grant Program Manual, Chanter 1). Grant/contract activities that generate revenues as a result of NHTSA-OTS funding must be reported to OTS. Written notification of the source and amount of such income must be made to OTS at the earliest opportunity. A separate account must be maintained for the collection, expenditure, and disposition of program income. Program income generated shall be utilized to further the objectives of the grant or reduce current grant costs. Records shall beheld for a period of three years after the final reimbursement and close of the grant/contract. 35. Recycling certification. The contractor shall certify in writing under penalty of perjury, the minimum, if not exact,, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this agreement, regardless of whether the produce meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161` and 12200. Contractor may certify that the product contains zero recycled content. (Reference: PCC § 10233, 10308.5, 10354) 36. Rights to inventions made under a contract or agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the federal government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions` Made by Nonprofit Organizations and Small Business' Firms Under Government Grants,. Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 37. Single Audit Act Certification. The OTS is the agency responsible for administering California's' federal highway safety funds on behalf of the Governor. Federal funds are provided for this grant by the United States Department of Transportation. This program is listed in the Catalog of Federal Domestic Assistance (CFDA) as "State and Community Highway Safety 20.600." The records and supportive documentation for all completed 11 (Rev. 5/08) EXHIBIT 6-A (Cont.) grants are subject to an on -site audit and OTS reserves the right to inspect and review during normal; working hours the work product of any independent auditor in support of their. audit. The Grantee certifies that it will comply with the Single Audit Act of 1984 (31 U.S.C. 7501 et. seq.), as amended, which requires the following: a. State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. b. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal audit requirements. C. Nothing in this paragraphexempts State or local governments from maintaining records of federal financial assistance or from providing access to such records to Federal Agencies, as provided for in federal law or in Circular A-133 "Audits of States, Local Governments and Non -Profit Organizations". d. The State Controller's Office notifies OTS of those cities, counties, and special districts that have not submitted an audit report or have not indicated to SCO that they are exempt each fiscal year. Grantee agencies that are not in compliance will be notified and required to provide verification of compliance or be subject to sanctions including, reimbursement withholding or grant cancellation. 38. Solicitation. No employee of the applicant agency, the contractor, or any agency acting on behalf of the agency, may solicit or accept gratuities, favors, or anything of monetary value from contractors or potential contractors. 39. Termination for cause. -The Administrator may terminate this agreement and be relieved of any payments, should the Contractor fail ,to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the Administrator may proceed with the work in any manner deemed proper by the Administrator. All costs to the state shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand. (Reference: DGS Standard Agreement "General Terms and Conditions, form GTC304) 40. Termination without cause. The Administrator may terminate unilaterally and without cause upon thirty days written notice to the Contractor. All work performed pursuant to the contract and ,prior to the date of termination may be claimed for reimbursement. (Reference: State Contracting Manual, Chapter 3) 41. Timeliness. Time is of the essence in this agreement. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 42. Unenforceable provision. In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions 12 (Rev. 5/08) EXHIBIT 6-A (Cont.) of this agreement have force and effect and shall not be effected thereby. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 13 (Rev. 5/08) EXHIBIT 6-A (Cont.) CERTIFICATIONS AND ASSURANCES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements (GC 12990 (a-f) and CCR, Title 2, Section 8103). (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug -free workplace; (3) any available counseling, rehabilitation, and employee assistance programs; and, (4) penalties that may be imposed upon employees for drug abuse violations. C. Every employee who works on the proposed agreement will: (1) receive a copy of the company's drug -free workplace policy statement; and, (2) agree to abide by the terms of the company's statement as a condition of employment on the agreement. Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement or both and grantee, subgrantee, contractor, or subcontractor may be ineligible for award of any future state agreements if the Office of Traffic Safety or the National Highway Traffic Safety Administration determines that any of the following has occurred: (1) the grantee, subgrantee, contractor, or subcontractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) (The Drug -Free Workplace Act of 1988 49 CFR Part 29 Subpart F) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee, subgrantee, contractor, or subcontractor certifies that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against contractor within the immediately preceding two-year period because of contractor's failure to comply with an order of a federal court which orders contractor to comply with 14 (Rev. 5/08) EXHIBIT 6-A (Cont.) an order of the National Labor Relations Board. (PCC 10296)(Not applicable to public entities DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST. Grantee, subgrantee contractor, or subcontractor needs to be aware of the following provisions regarding current or former state employees. If grantee, subgrantee, contractor, or subcontractor has any questions on the status of any person rendering services or involved with the agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410) a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor, with any state agency to provide goods or services. Former State Employees (PCC 10411) a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in apolicy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving state service. If grantee, subgrantee, contractor, or subcontractor violates any provisions of above paragraphs, such action by grantee, subgrantee, contractor, or subcontractor shall render this agreement void. (PCC 10420) Members or boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 1`0430(e)) 2. LABOR CODE/WORKERS' COMPENSATION: Grantee, subgrantee, contractor, or subcontractor needs to be aware of the provisions which require every employer to be 15 (Rev. 5/08) EXHIBIT 6-A (Cont.) insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions, and grantee, subgrantee, contractor, or subcontractor affirms to comply with such provisions before commencing the performance of the work of this agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Grantee, subgrantee, contractor, or subcontractor assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable_ regulations and guidelines issued pursuant to the ADA. (42 USC 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the grantee's, subgrantee's, contractor's, or subcontractor's name as listed on this agreement. Upon receipt of legal documentation of the name change an amendment will be processed. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in Revenue and Taxation Code (R&TC) Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. C. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: Upon request, a county, city, district, or other local public body must provide the state with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the state laws, the grantee, subgrantee, contractor, or subcontractor, shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 16 (Rev. 5/08) EXHIBIT 6-A (Cont.) CERTIFICATION REGARDING NON -DUPLICATION OF GRANT FUNDING The certifying applicant has no ongoing or completed grants under agreement with other federal funding sources which duplicate or overlap any work contemplated or described in this traffic safety grant. It is further agreed that any pending or proposed request for other federal grant funds which would duplicate or overlap work under this traffic safety grant will be revised to exclude any such duplication of grant fund expenditures. It isunderstoodthat any such duplication of federal fund expenditures subsequently determined by audit will be subject to recovery by the Office of Traffic Safety. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for grants, subgrants, contracts, subcontracts, and cooperative agreements. Signatories to this agreement certify to the best of their knowledge and belief that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the above signed, 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 above signed shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Signatories to this agreement shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, contracts, and subcontracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by. Section 1352, Title 31, US 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. CERTIFICATION REGARDING STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a 17 (Rev. 5/08) EXHIBIT 6-A (Cont.) state official whose salary is supported with National Highway Traffic Safety Administration 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, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies; by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. (49 CFR 29) ENVIRONMENTAL IMPACT Signatories to this agreement hereby declare that no significant environmental impact will result from implementing this grant or service. If, under a future amendment, this grant or service will be modified in such a manner that a grant would be instituted that could affect environmental quality to the extent that a review and statement would be necessary, the Office of Traffic Safety has certified to the National Highway Traffic Safety Administration that it is prepared to take the action necessary to comply with the National Environmental Policy Act of 1969 (42 USC 4321 et seq.). (Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 CFR 1500 et seq.) ENERGY EFFICIENCY It is understood the certifying applicant will purchase only energy efficient equipment, whenever possible and appropriate. LIMITED ENGLISH PROFICIENCY (LEP) The certifying applicant will take reasonable steps to ensure meaningful access by persons with limited English proficiency to the information and services provided through federal financial assistance. 18 (Rev. 5/08) CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: October 13, 2009 TO: Daniel Calleros, Police Captain ,,James Rodino, Police Captain Nelly Giron, City Clerk RE: Resolution No. 10,050 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the City's Participation in the Office of Traffic Safety DUI Enforcement and Awareness Program, Approving and Authorizing the Execution of a Grant Agreement By and Between the City of Vernon and the State of California Office of Traffic Safety and Authorizing the Execution of Documents Necessary to Obtain the Grant Transmitted herewith is a copy of Resolution No. 10,050, referenced above, which was approved by City Council on August 24, 2009, along with a fully executed original of the agreement. Thank you. NG : dj c: Resolution No. 10,050 Agreement 09-109 Police Department City Of Vernon October 8, 2009 TO: Nelly Giron, City Clerk FROM: Daniel Calleros, Captain SUBJECT: Executed Grant Agreement Attached is a fully executed grant agreement for participation in the Office of Traffic Safety DUI Enforcement and Awareness Program., under City Resolution # 10050. If you have any questions, please feel free to contact me at ext. 116. 1 State of California GRANT NUMBER OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT PAGE 1. (To he completed by applicant Agency) 1. GRANT TITLE DUI ENFORCEMENT AND AWARENESS PROGRAM 2. NAME OF APPLICANT AGENCY 4. GRANT PERIOD CITY OF VERNON Month -T Day - Year From: 10-1-2009 3. AGENCY UNIT TO HANDLE GRANT VERNON POLICE DEPARTMENT To: 9-30-2010 5. GRANT DESCRIPTION (Provide an overview of the grant activities that will address the problem statement, in approximately 100 words. Space is limited to six lines.) To reduce the persons killed and injured in alcohol involved crashes, "best practice" strategies will be conducted on an overtime basis. The funded strategies include DUI/Driver's License checkpoints and DUI saturation patrols. This program will also develop a'Hot Sheet' program and conduct 'Stakeout' operations for officers to concentrate on repeat DUI offenders on probation who have had their license suspended or revoked. Court 'sting' operations will focus on DUI offenders with a suspended or revoked driver license who get behind the ,wheel after leaving court. Through warrant service details, the police department will target repeat DUI violators who failed to appear in court or violate probation. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 65,588.00 i 7. APPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Francesco Pirello PHONE:323-587-5171 NAME: Donal O'Callaghan PHONE: (323) TITLE: Traffic Sergeant FAX: 323-826-1481 811 x 834 TITLE: City Administrator FAX: 583-883-8 826834 408 ADDREss: 4305 Santa Fe Avenue ADDREss: 4305 Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 E-MAIL: fpirello@co,ppO.org E-MAIL: docalla han@a, vernon.ca.us ( Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED To RECEIVE PAYMENTS NAME: Rory Burnett PHoNE:323-583-8811 NAME: City of Vernon Treasurer TITLE: Finance Director FAx: 323-826-1433 ADDREss: 4305 Santa Fe Avenue ADDRESS: 4305 Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 E-MAIL: RBurnett@ci.vernon.ca.us ( ignature) (Date) OTS-38 (Rev. 6/06) Page 2 (Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/1/2009 GRANTEE CITY OF VERNON GRANT NO. AL1065 8. Action No. 1 Date: 9/20/2009 10. TYPE OF AGREEMENT1 Initial X Revision Cont. FUND PROGRAM TASK NO. F.Y. Revision No. Date: 164 10-AL 2 2010 9. Action Taken 11. FUNDING DISPOSITION & STATUS Fiscal Year Amount Initial approval of 2010 HSP funds obligated. 2009-10 65,588.00 Total 65,588.00 Obligated This Action 65,588.00 Previously Obligated 0.00 Total Amount Obligated 65,588.00 Amount Suspended 0.00 State FY 2009-10 2700-101-0890 (1/09) TOTAL FUNDS PROGRAMMED 65,588.00 Catalog Federal Domestic Assistance No. 20.600 12. BUDGET SUMMARY (From Schedule B Detail) -FISCAL YEAR GRANT PERIOD ENDING: 9/30/2010 2010 2009-10 TOTAL GRANT COST CATEGORY GRANT PERIOD PRIOR GRANT TOTAL GRANT BUDGET ESTIMATE A. Personnel Costs 57,088.00 0.00 57,088.00 57,088.00 B. Travel Expenses 2,500.00 0.00 2,500.00 2,500.00 C. Contractual Services 0.00 0.00 0.00 0.00 D. Equipment 0.00 0.00 0.00 0.00 E. Other Direct Costs 6,000.00 0.00 6,000.00 6,000.00 F. Indirect Costs 0.00 0.00 0.00 0.00 TOTAL FEDERAL FUNDS 65,588.00 0.00 65,588.00 65,588.00 13. GRANT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT & FUNDING AUTHORIZED BY NAME: RON MILLER NAME: CHRISTOPHER J. MURPHY TITLE: Regional Coordinator TITLE: Director PHONE: (916) 509-3020 E-MAIL: rmiller@ots.ca.gov Office of Traffic Safety Office of Traffic Safety 2208 Kausen Drive, Suite 300 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758-7115 Elk Grove, CA 95758- 1 Signature W , Signature OTS-38a" (Rev 2/07) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: AL1065 GRANT DESCRIPTION Page 1 GRANT TITLE: DUI ENFORCEMENT AND AWARENESS PROGRAM AGENCY: VERNON POLICE DEPARTMENT PROPOSED BEGINNING DATE: 10/1/09 PROPOSED ENDING DATE: 9/30/10 PROBLEM STATEMENT: Using local data (not OTS Rankings or SWITRS) complete the table below. Collision Type 2005 2006 2007 Collisions Victims Collisions Victims Collisions Victims Fatal 5 5 1 1 0 0 Injury 126 175 114 142 95 125 Fatal Injury Killed Injured Fatal 1Ajury Killed Injured Fatal Injury Killed Injured Alcohol Involved 3 8 5 21 0 7 0 15 0 4 0 6 Hit & Run 2 7 4 9 0 15 0 24 0 37 0 8 Nighttime 1 14 1 18 0 14 0 18 0 9 0 12 (2100-0259 hours) Please provide detailed answers to the following questions as part of the Problem Statement: 1. Describe the traffic safety problem(s) to be addressed, include: • What percent of your collisions involve drivers with a suspended or revoked license or drivers who have never been issued a license? • What percent of your total DUI arrests between October 1, 2007, and September 30, 2008, were made as a result of a collision? In 2008, 26% of all traffic collisions involved drivers with a suspended or revoked license or drivers who have never been issued a license. From October 1, 2007 to September 30, 2008, 25% of all of the DUI arrests made were as a result of a traffic collision. 2. How many sobriety checkpoints did your department conduct between October 1, 2007 and September 30, 2008? (Include checkpoints from all funding sources, i.e. OTS grants or mini -grants, and department funded) OTS Grant #: N/A; # of Checkpoints: N/A (Not AVOID) OTS Grant #: N/A; # of Checkpoints: N/A (Not AVOID) Mini -Grant #: N/A; # of Checkpoints: N/A # of AVOID Supported Checkpoints: 0 (In Your Jurisdiction) # of Department Funded Checkpoints: 1 (Not OTS Funded) Additional Information: Vernon P.D. hosted an Avoid the 100 Checkpoint on 12/12/08 3. What is the average number of DUI arrests and vehicles impounded per checkpoint? OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE'A GRANT No: AL1065 GRANT DESCRIPTION Page 2 1.5 Arrests and 29 vehicles impounded 4. Does your agency participate in an AVOID DUI program? Yes • AVOID the 100 DUI Campaign in Los Angeles County 5. What is the magnitude of your city's problem concerning repeat DUI offenders who violate probation or fail to appear in court? Do you currently have a program that proactively addresses this issue? As with many other jurisdictions, Vernon Police Department has experienced a steady increase in repeat DUI offenders who fail to appear in court or violate their probation. According to our Detective staff who process outstanding warrants, about 15% of our DUI offenders violate probation or fail to appear in court. Vernon PD Detectives actively pursue offenders once the warrant notice has been received. In addition, when staffing level permits, Vernon Police Department conducts warrant sweeps which include active DUI warrants. 6. Do you have a backlog of unserved warrants for repeat DUI offenders? Yes. Our detectives make attempts at serving all unserved warrants, in particular the warrants for repeat DUI offenders. However, with increasing case loads, the detectives are finding it difficult to allocate time and resources to serving warrants. 7. How many of your traffic officers have received Standardized Field Sobriety Testing (SFST) training? 72% of all Vernon P.D. patrol officers (18 of 25 officers) have received Standardized Field Sobriety Testing training. 8. What is your current administrative recovery fee for vehicles impounded for up to 30 days and how much of the fee goes to the General Fund vs. a special Traffic Offender account? How is it used? The current administrative recovery fee for the release of impounded vehicles is $100.00 The fees are posted to a revenue account with in the General Fund. PERFORMANCE MEASURES: Goals: Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant program. 1. To reduce the number of persons killed in traffic collisions 2. To reduce the number of person injured in traffic collisions. 3. To reduce the number of persons killed in alcohol -involved collisions. 4. To reduce the number of persons injured in alcohol -involved collisions. OTS-38b GME DUI Overtime 10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: AL1065 GRANT DESCRIPTION Page 31 5. To reduce hit & run fatal collisions. 6. To reduce hit & run injury collisions. 7. To reduce nighttime (2100 - 0259 hours) fatal collisions. To reduce nighttime (2100 - 0259 hours) injury collisions. Objectives: Objectives are the tasks or activities undertaken during the grant period to make the goals a reality. Objectives are designed to move you closer to achieving your overall goals. Objectives are used to measure a grantee's success. 1. To issue a press release announcing the kick-off of the grant by November 15, 2009. The press releases and media advisories, alerts, and materials must be forwarded to the OTS Public Information Officer at pio@ots.ca.gov and copy the OTS Coordinator for approval 14 days prior to the issuance date of the release. 2. To use the following standard language in all press, media, and printed materials: "Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway.Traffic Safety Administration." 3. To email a draft of all grant -related media releases, media advisories, alerts and materials 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 (media communications reporting the results of grant activities such as checkpoints and saturation patrols are exempt from this requirement). 4. To submit applications for the California Law Enforcement Challenge (http://www.chj2.ca..ov/clec/index.htmi) by the deadlines of March 31, 2010 to OTS and: California Law Enforcement Challenge P.O. Box 942898 Sacramento, CA 94298-0001 Attention: Special Projects Section (052) 5. To conduct Standardized Field Sobriety Testing (SFST) training for 4 officers by March 26, 2010. 6. To conduct 4 DUUDL checkpoints by September 30, 2010. Note: For combination DUI/DL checkpoints, departments must issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Also, according to the Attorney General's Office all DUUDL checkpoint operations must have signs reading "DUI/Driver's License Checkpoint Ahead." OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: AL1065 GRANT DESCRIPTION Page 4 To maximize effectiveness, it may be necessary to conduct a checkpoint operation at more than one location on any given day/ night. Each checkpoint should be highly publicized and visible. No occupant restraint citations will be issued at the checkpoints. OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval, will OTS fund checkpoint operations that begin prior to 1800 hours. 7. To conduct 4 DUI saturation patrols by September 30, 2010 To conduct 4 warrant service operations targeting multiple DUI offenders who violate probation terms or fail to appear in court by September 30, 2010. 9. To develop a "Hot Sheet" program to notify patrol 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 by December 31, 2009. Updated Hot Sheets will be distributed to patrol and traffic officers every three to four weeks. 10. To conduct 2 "Stakeout" operations that employ police officers to observe the "worst of the worst" repeat DUI offender probationers with a suspended or revoked driver license by September 30, 2010. 11. To conduct 2 "Court Sting" operations to cite individuals driving from court after having their license suspended or revoked by September 30, 2010. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. METHOD OF PROCEDURE: Phase I: Program Preparation and Training and Implementation (October 1, 2009 — December 31, 2009) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section, • A draft news release will be submitted to OTS to announce the grant program. • All training needed to implement the program will be conducted this quarter. • All grant related purchases needed to implement the program will be made this quarter. • In order to develop the "Hot Sheets", research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI conviction. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets will be updated and distributed to traffic and patrol officers every three to four weeks. OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: AL1065 GRANT DESCRIPTION Page 5 • The police department will meet with appropriate court personnel to help develop an operational plan to conduct court stings. Phase II: Community Awareness (Throughout Grant Period) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Phase III: Data Gathering and Analysis (Throughout Grant Period) • The police department will submit a Quarterly Performance Report (QPR) and Quarterly Evaluation Data Form, Schedule C within 30 days following each calendar quarter. • The final QPR, Schedule C and Executive Summary are due to OTS by October 31, 2010. • Reports shall be completed in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7, and submitted in compliance with the signed Acceptance of Conditions and Certifications (OTS-33) included within this agreement. METHOD OF EVALUATION: The Office of Traffic Safety will use the QPR data to determine whether the grant was successful. OTS will also select grants for monitoring reviews to ensure the accuracy of claimed costs. For example, OTS will review claimed costs to ensure they are supported by time sheets, vouchers, invoices, purchase orders, etc. ADMINISTRATIVE SUPPORT: This program has full support of the City of Vernon, effort will be made to continue the activities after the grant conclusion. The City Council has endorsed this grant by resolution. OTS-38b GME DUI Overtime (10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE B - PAGE 1 DETAILED BUDGET ESTIMATE GRANT NO. AL1065 FISCAL YEAR ESTIMATES COST CATEGORY FFY - 1 10/1/2009 TOTAL COST Thru 9/30/2010 TO GRANT A. PERSONNEL COSTS OVERTIME DUI/DL Checkpoints $35,440.00 $35,440.00 DUI Saturation Patrols 5,952.00 5,952.00 Warrant Service Patrols 5,952.00 5,952.00 Stakeouts 4,464.00 4,464.00 Court Stings 4,464.00 4,464.00 Overtime Benefits @ 1.45% 816.00 816.00 Category Sub -Total $57,088.001 $57,088.00 B. TRAVEL EXPENSE 1n State $2,500.00 $2,500.00 Out of State 0,00 0.00 Category Sub -Total $2,500.001 $2,500.00 C. CONTRACTUAL SERVICES None $0.00 Category Sub -Total $0.00 $0.00 OTS-38d DUI Overtime (Rev. 10/08) GRANTS MADE EASY - DUI Overtime SCHEDULE B - PAGE 2 DETAILED BUDGET ESTIMATE GRANT NO. AL1065 FISCAL YEAR ESTIMATES COST CATEGORY FFY - 1 10/1/2009 TOTAL COST Thru 9/30/2010 TO GRANT D. EQUIPMENT $0.00 - 0.00 0.00 0.00 0.00 Category Sub-Totall $0.001 $0.00 E. OTHER DIRECT COSTS Checkpoint Supplies $4,000.00 $4,000.00 Digital Camera Video Recorder 500.00 500.00 PAS Device/Calibration Unit 1,500.00 1,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Category Sub-Totall $600.00 $6,000.00 F. INDIRECT COSTS None $0.00 $0.00 Category Sub -Total $0.00 $0.00 GRANT TOTAL $65,588.00 $65,588.00 UTS-38e DUI Overtime (Rev. 10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE B-1 GRANT No. AL1065 BUDGET NARRATIVE Page 1 PERSONNEL COSTS: Overtime Budgeted grant activities will be conducted by agency personnel on an overtime basis. Grant funded operations may be conducted by personnel such as an Officer, Lieutenant, Sergeant, Corporal, Deputy, Community Services Officer, Dispatcher etc., depending on the titles used by the agency. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $39.00/hr to $93.00/hrrnmii. Overtime reimbursement (OT hourly rate and benefit) will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Maximum Overtime Benefit Rate[OTS2] Unemployment Insurance 0% Social Security/FICA (OASDI) 1.45% Workers Compensation 0% Medicare 0% State Disability/SDI 0% (enter name and % of additional overtime benefit) 0% (enter name and % of additional overtime benefit) 0% Total Benefit Rate 1.45% OTS-38f GME DUI Overtime (Rev. 10/08) GRANTS MADE EASY — DUI Overtime SCHEDULE B-1 GRANT No. AL1065 I BUDGET NARRATIVE Page 2 CONTRACTUAL SERVICES: None EQUIPMENT: None OTHER DIRECT COSTS: Checkpoint Supplies- On -scene supplies are needed to appropriately conduct sobriety checkpoints. Items included are cones, checkpoint signage, vests (maximum of 10), portable generator, lighting, reflective banners, flares, PAS device supplies, portable heater, fan and canopy. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Digital Camera/Video Recorder- One (1) digital camera will be used to capture images while conducting grant related activities, such an enforcement operations, collision scenes, educational events/activities and to aid in prosecution of DUI cases. PAS Devices/Calibration Units- (One (1) Preliminary Alcohol Screening Device will assist officers in enhanced enforcement efforts related to DUI. PAS calibration units are used to ensure accuracy of the device. [mm3] INDIRECT COSTS: None PROGRAM INCOME: There will be no program income generated from this grant. [OTS4] OTS-38f GME DUI Overtime (Rev. 10/08) SCHEDULE C (DATASHEET FOR QUARTERLY REPORTS TO BE PROVIDED BY OTS LATER) STATE OF CALIFORNIA • OFFICE OF TRAFFIC SAFETY ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS OTS-33 (Rev. 09/08) APPLICANT AGENCY Vernon Police OTS GRANT NUMBER AL1065 The following attachments are included herein and constitute a part of this Grant Agreement: 1. OTS-38 —Page 1 5. Schedule C — Quarterly Evaluation Data (when required) 2. Schedule A — Grant Description 6. OTS-33 — Acceptance of Conditions and Certifications 3. Schedule B — Detailed Budget 7. General Terms, Conditions, and Certifications Estimate for Grant Costs (OTS Grant Program Manual (GPM), Exhibit 6A. 4. Schedule B-1 —Budget GPM available on-line at www.ots.ca.gov) Narrative TERMS AND CONDITIONS It is understood and agreed by the Grantee that grant funds received as a result of this Agreement are subject to all applicable federal and state regulations governing grants and to the following applicable controls, terms and consideration expressed in the OTS Grant Program Manual which includes but is not limited to: REPORTS/ CLAIMS FOR REIMBURSEMENT Quarterly Performance Reports and Reimbursement Claims must be submitted by the Grantee to the Office of Traffic Safety (OTS) by January 30, April 30, July 30, and October 30, during each year of grant operation. The failure to timely submit complete and correct claims within sixty (60) days of their due dates may constitute Grantees irrevocable waiver of any right to thereafter recover from Grantor any part of those waived grant sums which may thereafter be reallocated or reverted by Grantor. 2. OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a Grantee fails to comply with any applicable term or condition of this Grant Agreement or program guidelines (GPM, Chapter 3.11). This may include, but is not limited to, the following: • Failure to submit acceptable and timely reimbursements claims; • Failure to submit acceptable and timely quarterly performance reports; • Failure to submit an acceptable and timely Schedule C, Quarterly Evaluation Data (OTS-38g, applies only when a Schedule C has been required); • Failure to comply with requirement of the Single Audit Act (GPM, Chapter 4.11); and 3. By October 30, "continuing" grants must submit a September 30 claim and a written justification to support carrying forward the remaining grant year unexpended funds. September 30 claims and written justifications, supporting the carrying forward of these prior year unexpended funds submitted after November 30 may not be processed and the prior claim (i.e., June 30) will be considered the year-end claim in order to close out the federal fiscal year ending September 30. In addition, these unexpended funds will be de -obligated and allocated to new grants. SUB -CONTRACTS Grantee may enter into subcontract(s) to perform applicable provisions of this Grant Agreement. The Grantee is responsible for ensuring that all activities delegated to subcontractors are in support of this Grant Agreement. A. Grantee is the responsible party and shall remain liable for the performance of the terms, conditions, assurances, and certifications of this Grant Agreement, without recourse to the State, regarding the settlement and satisfaction of all contractual and administrative issues arising out of subcontract agreement(s) entered into in support of this Grant Agreement, including disputes, claims, or other matters of a contractual nature as well as civil liability arising out of negligence or intentional misconduct of the subcontractor(s). B. Nothing contained in this Grant Agreement shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Grantee of its responsibilities and obligations hereunder. Grantee agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 4. Consultants and/or sub -contractors shall be selected in accordance with the grantee agency procurement policies and procedures in order to comply with the terms of this agreement and in accordance with OTS GPM Chapter 6 Procurement & Contract Administration and Exhibit 6-A General Terms, Conditions, and Certifications. The Grantee, consultant, contractor and/or sub -contractor are subject to all applicable terms and conditions and are bound by the applicable certifications of the Grant Agreement and 49 CFR Part 18, and/or CFR Part 19 whichever is applicable. Grantor is not obligated to make any payment under any agreement prior to final execution or outside the terms of the sub -contract period. Contractor/Grantee Agency expenditures incurred prior to final sub -contract execution are taken at the risk of that Contractor/Grantee Agency and will be considered unallowable if that agreement/sub-contract is not executed. AVAILABILITY OF FUNDS 5. If, during the term of the Grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the Grant award sum for allowable and uncancelable grant costs incurred following receipt of Grantor's written notice to the Grantee. 6. Funds Awarded under Catalog of Federal Domestic Assistance (CFDA) Number 20.600. REVISIONS 7. Grant Agreement revisions are allowed in accordance with the guidelines detailed in the OTS GPM, Chapter 3.9 and conforming to the revision. examples provided in Chapter 3.8. All appropriate documentation required to request a grant revision requiring Grantor's approval (i.e. budget category increases, etc.) must be timely submitted to Grantor. 8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Those additional applicable terms and conditions identified in the OTS GPM, Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-A), are incorporated herein by reference and made a part of this Agreement. TRAFFIC ENFORCEMENT AGENCIES ONLY: 10. Full time Grantee traffic enforcement personnel and any equipment funded under this Grant shall be dedicated solely to Grant supported enforcement tasks unless a criminal offense is committed in the officer's presence and response to an officer in distress is initiated, and a riot requires that all available enforcement personnel be committed in response. 11. By signing this document the Grantee certifies that it is not suspended or debarred from doing business with the Federal Government. We, the officials named below, hereby swear that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. Executed on the date and in the county named below and made under penalty of perjury under the laws of the State of California. GRANT DIRECTOR's NAME EXECUTED IN THE COUNTY OF GRANT,,�)rRECTOR' S SIGNATURE DATE EXECUTED "97—PF TITLE AUTHORIZING OFFICIAL'S NAME EXECUTED IN. THE COUNTY OF Donal O'Callaghan Los Angeles AUTHORIZING 'S SIGN7- TURF DATE EXECUTED Trrr .r City Administrator 3 EXHIBIT 6-A GENERAL TERMS, CONDITIONS, AND CERTIFICATIONS These terms and conditions, when applicable, are to be incorporated by reference and made a part of, but not necessarily limited to, the following documents: grants, subgrants, contracts, subcontracts, interagency agreements, invitations for bid, and requests for proposal for goods or services for which Office of Traffic Safety grant funding reimbursement is requested. 1. Amendment. No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 2. Antitrust claims. The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Code sections set out below. a. The Government Code chapter on antitrust claims contains the following definitions: (1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant . to subdivision (c) of Section 16750 of the Business and Professions Code. (2) "Public purchasing body" means the state or the subdivision or agency making a public purchase. (Reference: GC Section 4550) b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it my have under Section 4 of the Clayton Act (15 USC 15 [Title 15 Commerce and Trade, Chapter 1, Monopolies and Combinations in Restraint of Trade, Section 15, Suits by Persons Injured]) or under the Cartwright Act (Chapter 2 ) commencing with Section 16700) of Part 2 of Division 7 of the , Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (Reference: GC Section 4552) C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery,for a cause of action assigned under this chapter; the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (Reference: GC Section 4553) (Rev. 5/08) EXHIBIT 6-A (Cont.) d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (Reference: GC Section 4554) ' 3. Approval. This agreement is of no force or effect until signed by both parties and approved by the Office of Traffic Safety. Subgrantee, contractor, or subcontractor may not commence performance until such approval has been obtained. (Reference: California Department of General Services (DGS) Standard Agreement "General Terms and Conditions," form GTC304) 4, Assignment. This agreement is not assignable by the contractor, either in whole or in part, without the consent of the Office of Traffic Safety in the form of a formal written amendment. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 5. Audits and access to records. Contractor agrees that the California Office of Traffic Safety, the National Highway Traffic Safety Administration, or their designated representative(s), shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to` `allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the state to audit records and interview staff in any subcontract related to the performance of this agreement. (Reference: Government Code (GC) 8546.7, Public Contract Code (PCC) 10115 et. seq., California Code of Regulations (CCR) Title 2, Section 1896). 6. Availability of funds. It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the contract were executed after.that determination was made. This contract is valid and enforceable only if sufficient funds are made available to the state by the United States Government for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner. The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in. funds. . The Administrator has the option to void the contract under the thirty -day cancellation clause or to amend the contract to reflect any reduction for funds. (Reference: State Contracting Manual, Chapter 3) 2 (Rev. 5/08) EXHIBIT 6-A (Cont.) 7. Buy America Act. (Applies only to Federal -aid construction grants located on federal - aid highways, highways classified as local roads and rural minor collectors and transportation enhancement grants.) Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall grant contract by more than 25 percent. Clear justification for the purchase of non -domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. (Reference: "Buy America Act" 23 USC 101 Note) 8. Byrd Anti -Lobbying Amendment (31 USC 1352). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC 1352, Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such, disclosures are forwarded from tier to tier up to the recipient. 9. Child Support Compliance Act. "For any agreement in excess of $100,000, the contractor acknowledges in accordance with, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 10. Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et ncl.), as amended. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 USC 1.251, et seq.). Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 1.1. Compensation. The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, 3 (Rev. 5/08) EXHIBIT 6-A (Cont.) including travel, per diem, and taxes, unless otherwise expressly so provided. (Reference: DGS Standard Agreement "General Terms and Conditions," fonn GTC304) 12. Consultant/Subcontracts. Com etp ition. No grantee shall draft, or cause to be drafted, any invitation to bid or request for proposal, in connection with the awarding of a consulting services contract,, in such a manner as to limit the bidding directly to any one bidder. At least three competitive bids or proposals shall be secured for each consulting services contract. (Reference: PCC §§ .10372 and 10373) Independent contractor. Contractor, and the agents and employees of contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the state. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) Progress schedule. Grantees entering into a contractual agreement for consultant services totaling five thousand dollars ($5,000) or more shall include detailed criteria and a mandatory progress schedule. (Reference: PCC § 10371) Progress payments: Grantees may provide for progress payments to consultants for work . performed or costs incurred in the performance of the contract. Not less than ten percent of the contract amount shall be withheld pending final completion of the contract and an evaluation of the contractor's performance. If the contract consists of the performance of separate and distinct tasks, then any funds so withheld with regard to a particular task may be paid upon completion of that task and an evaluation of the contractor's performance. (Reference: PCC § 10379) 13. Contract Work Hours and Safety Standards Act (40 USC 327-333). Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate. of not less. than 1 1/2times the basic rate of pay for all hours worked in excess of 40 hours in the., work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not - apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation of transmission of intelligence. 14. Convict/forced labor. No.foreign-made equipment, materials, or supplies furnished pursuant to this contract may be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. (Reference: PCC § 6108) 4 (Rev. 5/08) EXHIBIT 6-A (Cont.) 15. Copeland "Anti -Kickback" Act (18 USC 874 and 40 USC 276c). All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and sub. recipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 USC 874), as supplemented by Department of Labor regulations (29 CFR parf3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the federal awarding agency. 16. Copyrights (41 CFR 105-71.134). The federal awarding agency reserves a royalty -free, nonexclusive,and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 17. Credits/Disclaimer (OTS Grant Program Manual, Chapter 7). The Final Report, in addition to any other credits, shall include the following statement: "This grant is a part of the California Traffic Safety Program and was made possible through the support of the California Office of Traffic Safety; Business, Transportation and Housing Agency; State of California; and the National Highway Traffic Safety Administration." , In addition, the Final Report shall include the following statement: "The opinions; findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, or the National Highway Traffic Safety. Administration." 18. Davis -Bacon Act, as. amended (40 USC 276a to a-7). When required by federal program legislation, all construction contracts awarded by the recipients and sub recipients of more than $2,000 shall include a provision for compliance with the Davis - Bacon Act (40 USC 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the. Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the federal awarding agency. 19. Debarred and suspended parties. Grantees, subgrantees, contractors, and subcontractors must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, , "Debarment and Suspension." (Reference: 49 CFR 18.35) 5 (Rev. 5/08) EXHIBIT 6-A (Cont.) 20. Disadvantaged business enterprise/small business affirmative steps. Grantees, subgrantees, contractors, or subcontractors will take all necessary affirmative steps to assure that disadvantaged business enterprises (DBE), as defined in 49 CFR Section 26.5, and labor surplus area firms are used when possible. Affirmative steps shall include: a. Placing qualified DBEs and small businesses on solicitation lists. b. Assuring that DBEs and small businesses are solicited whenever they are potential sources. C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and DBEs. d. Establishing delivery ,schedules, where the requirement permits, which encourage participation by small and DBEs. e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. (Reference: 49 CFR 18) 21. Disclosure requirements. a. Any document or written report prepared for or under the direction of a state or local agency, which is prepared in whole or in part by non -employees of such agency; shall contain the contract numbers and the dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report when the total cost for such work performed by non -employees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be set forth. in a separate section of each such document or written report. . b. When multiple documents or written reports are the subject or product of the contract, the total contract amount is deemed to represent the compensation for those multiple documents or written reports. (Reference: GC § 7550) 22. Disputes. Contractor shall continue with the responsibilities under this agreement during any dispute. (Reference: DGS Standard Agreements "General Terms and Conditions," form GTC304) 23. Document Retention and Access. The Grantee certifies that it will comply with the retention and access requirements for records established by 49 CFR Part 18.42. The required records and documentation relating to the grant and/or sub -contract shall be retained for a minimum of three years after the starting date of the retention period as defined in Section 18.42. The OTS or their authorized representative shall have the right of access to any books, documents, papers, or other records of grantees, contractors,or 6 (Rev. 5/08) EXHIBIT 6-A (Cont.) sub -contractors which are pertinent to the grant and/or contract, in order to make audits, examinations, excerpts and transcripts. The right of access is not limited by the required retention period and shall last as long as the records are retained. 24. Equipment. Equipment acquired under this agreement for use in highway safety program areas. shall be used and kept in operation for highway safety purposes by the state; or the state, by formal agreement with appropriate officials of a political subdivision or state agency, shall cause such equipment to be used and kept in operation for highway safety purposes. (Reference: 23 CFR 1200.21) 25. Egual'employment opportunity. All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, and Department of Labor." (Reference: OMB Circular A-110, Appendix A —reference applies to Clauses 31 through 3 7) 26. Financial management system. The grantee, subgrantee, contractor, or subcontractor will comply with all applicable state, local, and federal procurement procedures and will maintain a financial management system that complies with the minimum requirements of 49 CFR 18.20. 27.. Governing law. This contract is governed by and shall be interpreted in accordance with the laws of the State of California. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 28. Indemnification: Contractor agrees to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by contractor in the performance of this agreement. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 29. Intangible property. a. The recipient (grantee, subgrantee, contractor, or subcontractor) may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under award. The California Office of Traffic Safety and the. National Highway Traffic Safety Administration reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. b. Recipients are subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights, to Inventions Made by Nonprofit Organizations and 7 (Rev. 5/08) EXHIBIT 6-A (Cont.) Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements." C. The federal government has the right to: (1) obtain, reproduce, publish ;or otherwise use the data first produced under an award; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes. d. (I) In addition, in response to a Freedom of Information Act (FOIA) request for research data relating to published research findings produced under an award that were used by the federal government in developing an agency action that has the force and effect of law, the federal awarding agency shall request, and the recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the federal awarding agency obtains the research data solely in response to'a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect costs incurred by the agency, the recipient, and applicable sub recipients. This feeds in addition to any fees the agency may assess under the FOIA (5 USC 552(A)(4)(a)). (2) The following definitions apply for purposes of paragraph (d) of this section: (i) Research data is defined as the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, but not any of the following: preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. This "recorded" material excludes physical objects (e.g., laboratory samples). Research data also do not include: (A) Trade secrets, commercial information, materials necessary, to be held. confidential by a researcher until they are published, or similar information which is protected under law; and (B) Personnel and medical information and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study. (ii) Published is defined as either when: (A) . Research findings are published in a peer -reviewed scientific of technical journal; or 8 (Rev. 5/08) EXHIBIT 6-A (Cont.) (B) A federal agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. (iii) Used by the federal government in developing an agency action that has the force and effect of law is defined as when an agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. Title to intangible property and debt instruments acquired under an award or subaward vests upon acquisition in the recipient. The recipient shall use that property for the originally -authorized purpose, and the recipient shall not encumber the property without approval of the federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of OMB Circular A-110, paragraph 34(g) (Reference: Office of Management and Budget (OMB) Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, and OMB Circular A-102 Grants and Cooperative Agreements with State and Local Governments) 30. Lo2os. The OTS logo will appear on all promotional materials where appropriate and practical. Contact the appropriate OTS Coordinator for copies. 31. Non-discrimination clause. State requirements: • During the performance of this agreement, contractor and its subcontractors shall not unlawfully discriminate, harass; or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations. promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of 'Title 2 of the California Code of Regulations, are incorporated into this .Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Federal requirements:. In addition to state non-discrimination requirements, grantees, subgrantees, contractors, and subcontractors will comply with all federal statutes and implementing regulations relating to nondiscrimination. Federal nondiscrimination statutes include but are not limited to:, (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin and. 49 CFR Part 2.1; (b) Title IX of the Education Amendments of 1972, as amended (20 9 (Rev. 5/08) EXHIBIT 6-A (Cont.) USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the. Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicaps; Americans with Disabilities Act of 1990 4.2 USC §§ 12101 et seq. and implementing regulations, relating to nondiscrimination on the basis of disability, 29 CFR Parts 160, 1602 (Title I, EEOC), 28 CFR Part 35 (Title II, Department of Justice) 49 CFR Parts 27, 37, 38 (Title II, III; , Department of Transportation) 28 CFR Part 36 (Title III, Department of Justice), 47 CFR § § 64.601 et seq. (Title IV, FCC), and 49 CFR Part 27 (d) the Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107, which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse of alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 USC § § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of house; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and, 0) the requirements of any other nondiscrimination. statute(s) which may apply to the application. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement. 32. Political Activity (Hatch Act). All individuals employed by a State or local agency whose principal employment is in connection with 'an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, including grants from the California Office of Traffic Safety, have been made aware of the provisions of 5 USC, Government Organization and Employees; Part II, Civil Service Functions and Responsibilities; Chapter 15, Political Activity of Certain State and Local Employees; Sections 1501 through 1508. This statute does not include individuals employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization. (Reference: 5 USC §§ 1501-1508 and 5 CFR 151) 33. Priority hiring considerations: For contracts in excess of $200,000, the contractor,.in accordance with the California Public Contracting Code § 10353, shall consider filling vacancies in positions funded by the contract to qualified recipients of aid under Chapter . 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, in accordance with Article 3.9 (commencing with Section 11349) of . Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. This section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be applicable to any contracts for a grant as defined in Section 10105. (Section 10105 defines a grant as ".: the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement of any kind which will exceed a total cost calculated pursuant to subdivision (b)." 10 (Rev. 5/08) EXHIBIT 6-A (Cont.) This section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be construed so as to do any of the following: a. Interfere with or create a violation of the terms of valid collective bargaining agreements. b. Require the contractor to hire an unqualified recipient of aid. C. Interfere with, or create a violation of, any federal affirmative action obligation of a contractor for hiring disabled veterans or veterans of the Vietnam era. d. Interfere with, or create a violation of, the requirements of Section 12990 of the Government Code. (Reference: PCC § 10353) 34. Program Income (41 CFR 105-71.125 and OTS Grant Program Manual, Chapter 1). Grant/contract activities that generate revenues as a result of NHTSA-OTS funding must be reported to OTS. Written notification of the source and amount of such income must be made to OTS at the earliest opportunity. A separate account must be maintained for the collection, expenditure, and disposition of program income. Program income generated shall be utilized to further the objectives of the grant or reduce current grant costs. Records shall be held for a period of three years after the final reimbursement and close of the grant/contract. 35. Recyclinti certification. The contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials; goods, or supplies offered or products used in the performance of this agreement, regardless of whether the produce meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (Reference: P_CC § 10233, 10308.5, 10354) 36.1. Rights to inventions'made under a contract or agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for 1. the rights of the federal government and the recipient in any resulting invention in. accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 37.. Sinde Audit Act Certification. The OTS is the agency responsible for administering California's' federal highway safety funds on behalf of the Governor. Federal funds are provided for this grant by the United States Department of Transportation. This program is listed in the Catalog of Federal Domestic Assistance (CFDA) as "State and Community Highway Safety 20.600." The records and supportive documentation for all completed 11 (Rev. 5108) EXHIBIT 6-A (Cont.) grants are subject to an on -site audit and OTS reserves the right to inspect and review during normal working hours the work product of any independent auditor in support of their audit. The Grantee certifies that it will comply with the Single Audit Act of 1984 (31 U.S.C. 7501 et. seq.), as amended, which requires the following: a. State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. b. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal audit requirements. C. Nothing in this paragraph exempts State or local governments from maintaining records of federal financial assistance or from providing access to such records to Federal Agencies, as provided for in federal law or in Circular A-133 "Audits of, States, Local Governments and Non -Profit Organizations". d. The State Controller's Office notifies OTS of those cities, counties, and special districts that have not submitted an audit report or have not indicated to SCO that they are exempt each fiscal year. Grantee agencies that are not in compliance will be notified and required to provide verification of compliance or be subject to sanctions including, reimbursement withholding or grant cancellation. 38. Solicitation. No employee of the applicant agency, the contractor, or any agency acting on behalf of the agency, may solicit or accept gratuities, favors, or anything of monetary value from contractors or potential contractors. 39. Termination for cause. The Administrator may terminate this agreement and be relieved of any payments should the Contractor fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the Administrator may proceed with the work in any manner deemed proper. by the Administrator. All costs to the state shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand. (Reference: DGS Standard Agreement ".General Terms and Conditions," form GTC304) 40. Termination without cause. The Administrator may terminate unilaterally and without cause upon thirty days written notice to the Contractor. All work performed pursuant to 'the contract and prior to the date of termination may be claimed for reimbursement. (Reference: State Contracting Manual, Chapter 3) 41. Timeliness. Time is of the essence in this agreement. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 42. Unenforceable provision. In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions 12 (Rev. 5/08) EXHIBIT 6-A (Coot.) of this agreement have force and effect and shall not be effected thereby. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 13 (Rev. 5/08) EXHIBIT 6-A (Cont.) CERTIFICATIONS AND ASSURANCES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements (GC 12996 (a-f) and CCR, Title 2, Section 8103). (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to infonn employees about: (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug -free workplace; (3) any available counseling, rehabilitation, and employee assistance programs; and, (4) penalties. that may be imposed upon employees for drug abuse violations. C. Every employee who works on the proposed agreement will: (1) receive a copy of the company's drug -free workplace policy statement; and, (2) agree to abide by the terms of the company's statement as a condition of employment on the agreement. Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement or both and grantee, subgrantee, contractor, or subcontractor may be ineligible for award of any future . state agreements if the Office of Traffic Safety or the National Highway Traffic Safety Administration determines that any of the following has occurred: (1) the grantee, subgrantee, contractor, or subcontractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) (The Drug -Free Workplace Act of 1988 49 CFR Part 29 Subpart F) 3.- . NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee, subgrantee, contractor, or subcontractor certifies that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against contractor within the immediately preceding two-year period because of contractor's failure to comply with an order of a federal court which orders contractor to comply with 14 (Rev. 5/08) EXHIBIT 6-A (Cont.) an order of the National Labor Relations Board. (PCC 1.0296) (Not applicable to public entities.) DOING BUSINESS WITH; THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. I CONFLICT OF INTEREST. Grantee, subgrantee, contractor, or subcontractor needs to be aware of the following provisions regarding current or former state employees. If grantee, subgrantee, contractor, or subcontractor has any questions on the status of any person rendering services or involved with the agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410) a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest. and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411) a. For the two -'Year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the. .decision -making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the twelve-month period. prior to his or her leaving state service. If grantee, subgrantee, contractor, or subcontractor violates any provisions of above paragraphs, such action by grantee, subgrantee, contractor, or subcontractor shall render this agreement void. (PCC 10420) Members or boards and commissions are exempt from this section if they do not receive payment other than payment of each,meeting of the board or commission, payment for- . preparatory time and payment for per diem. (PCC 1043.0(e)) 2. LABOR CODE/WORKERS' COMPENSATION: Grantee, subgrantee, contractor, or subcontractor needs to be aware of the provisions which require every employer to be 15 (Rev. 5/08) EXHIBIT 6-A (Cont.) insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions, and grantee, subgrantee, contractor, or subcontractor affirms to comply with such provisions before commencing the performance of the work of this agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Grantee, subgrantee, contractor, or subcontractor assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 USC 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the grantee's, subgrantee's, contractor's, or subcontractor's name as listed on this agreement. Upon receipt of legal -documentation of the name change an amendment will be processed. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed.in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in Revenue and Taxation Code (R&TC) Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: Upon request, a county, city, district, or other local public body must provide the state with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7: AIR OR WATER POLLUTION VIOLATION: Under the state laws, the grantee, subgrantee, contractor, or subcontractor shall not be: (1) in violation of any order or .resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject 10 cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge . requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 16 (Rev. 5108) EXHIBIT 6-A (Cont.) CERTIFICATION REGARDING NON -DUPLICATION OF GRANT FUNDING The certifying applicant has no ongoing or completed grants under agreement with other federal. funding sources which duplicate or overlap any work contemplated or described in this traffic safety grant. It is further agreed that any pending or proposed request for other federal grant funds which would duplicate or overlap work under this traffic safety grant will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of federal fund expenditures subsequently determined by audit will be subject to recovery by the Office of Traffic Safety. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for grants, subgrants, contracts, subcontracts, and cooperative agreements. Signatories to this agreement certify to the best of their knowledge and belief that: No federal appropriated funds have been paid or will be paid, by or on behalf of the above signed, 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 above signed shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. Signatories to this agreement shall require that the language of this certification be included in the award documents for all sub -award at all. tiers (including subcontracts, subgrants, contracts, and subcontracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US 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. CERTIFICATION REGARDING STATE LOBBYING None of the funds under this program will be'used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a 17 (Rev. 5/08) EXHIBIT 6-A (Cont.) state official whose salary is supported with National Highway Traffic Safety Administration 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, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that . neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. (49 CFR 29) ENVIRONMENTAL IMPACT Signatories to this agreement hereby declare that no significant environmental impact will result from implementing this grant or service. If, under a future amendment, this grant or service will be modified in such a manner that a grant would be instituted that could affect environmental quality to the extent that a review and statement would be necessary, the Office of Traffic Safety has certified to the National Highway Traffic Safety Administration that it is prepared to take the action necessary to comply with the National Environmental Policy Act of 1969 (42 USC 4321 et seq.). (Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 CFR 1500 et seq.) ENERGY EFFICIENCY It is understood the certifying applicant will purchase only energy efficient equipment, whenever possible and appropriate. LIMITED ENGLISH PROFICIENCY (LEP) The certifying applicant will take reasonable steps to ensure meaningful access by persons with limited English proficiency to the information and services provided through federal financial assistance. 18 (Rev. 5/08) z:RE111_� A I_) G._ --t � o 0,9 •FVE L Gt,1iO,ry L s�yf LY IHOJ CITY CLERK' STAFF R T SOFFtCE VERNON POLICE DEPARTMENT APPROVED AUG 2 4 '09 CITY COUNCIL DATE: July 29, 2009 TO: Honorable Mayor and City Council Y Y ia— FROM: Steve Towles, Chief RE: Office of Traffic Safety (OTS) DUI Enforcement and Awareness Program SUMMARY The Police Department (PD) is seeking authorization to participate in the Office of Traffic Safety (OTS) DUI Enforcement and Awareness Program. The State of California's Office of Traffic Safety (OTS) has approved our proposal for the DUI Enforcement and Awareness Program Grant and has allocated $65,588 in grant funding for this project. BACKGROUND In January of this year we submitted an application requesting to be considered for grant money to be used in a traffic safety program. On May 13, 2009, the OTS tentatively approved our funding request for our proposal. The project performance period is from 10/1//2009 to 9/30/2010. Ours Goals in this grant will be: 1. To reduce the number of persons killed in traffic collisions. 2. To reduce the number ofpersonsinjured in traffic collisions. 3. To reduce the number of persons killed in alcohol -involved collisions. 4. To reduce the number of persons injured in alcohol -involved collisions. 5. To reduce the number of hit & run fatal collisions. 6. To reduce the number of hit & run injury collisions. 7. To reduce nighttime (2100-0259 hours) fatal collisions. 8. To reduce nighttime (2100-0259 hours) injury collisions. With these goals in mind, we will fulfill the following objectives: 1. To conduct 4 DUI/DL checkpoints. 2. To train 4 officers in Standardized Field Sobriety Testing (SFST). 3. To conduct 4 DUI Saturation patrols. 4. To conduct 4 warrant service operations. 5. To conduct 2 stakeout operations. 6. To conduct 2 court stings. 7. To develop a "Hot Sheet" which identifies repeat DUI offenders. The programs goals and objectives are explained in detail on the Acceptance of Conditions and Certifications Grant Agreement. I request the City consider participating in this DUI Enforcement grant program. Our participation will enhance our enforcement efforts in the area of Drunk Drivers. The projected outcome is to educate the public and make the community aware of our goal of enforcement in this area. Our ultimate goal is to make our streets safer. The City has participated in Office of Traffic Safety (OTS) grants specific to DUI enforcement in the past. The City has also participated in similar OTS grant programs which were specific to the enforcement of seatbelt violations. The following is a list of previous OTS grants the City has participated in. • OTS Grant, Resolution # 7640 • OTS Grant, Resolution # 8580 • OTS Click It or Ticket Grant, Resolution # 9270 • OTS Click It or Ticket Grant, Resolution # 9576 Our previous OTS grants that were related to DUI enforcement were successful We have had great success and received positive feedback especially in regards to our DUI and drivers license checkpoints. CONCLUSION Attached is a copy of our tentative approval letter from the Office of Traffic Safety dated May 13, 2009, a copy of an e-mail sent to Sergeant Gray giving instructions on how to complete the grant agreements, and two copies of the grant agreements to be reviewed by City staff. The tentative approval letter lists a final deadline for the submission of the agreements to OTS as August 14, 2009. Our OTS regional coordinator, Ron Miller, has told Sergeant Gray that we can miss that deadline, however we must get it in as soon as possible. Upon completion of the agreements, please forward them to me and will coordinate their return. VERNON POLICE DEPARTMENT OFFICE MEMORANDUM July 30, 2009 TO: Donal O'Callaghan, City Administrator FROM: Steve Towles, Chief of Police SUBJECT: Request for Council Approval of Office of Traffic Safety Grant The attached Staff Report requests City Council authorization to accept an Office of Traffic Safety (OTS) Grant award in the amount of $65,588, for DUI enforcement efforts during the period of 10/1/09 — 9/30/10. The Police Department submitted the grant application in January of this year. The grant proposal stated that the Police Department would conduct a number of enforcement activities including conducting DUI checkpoints, saturation patrols, DUI warrant service, post -hearing court sting operations, stakeouts for the "worst of the worst" repeat offenders. The grant also provides for DUI specific training for officers. The goals of the grant are to reduce the number of fatal or injury traffic collisions and alcohol -related collisions. An emphasis will be placed on reducing collisions occurring between the hours of 2100 and 0300). Included with the Staff Report is a letter from OTS to the Vernon Police Department advising of the tentative award, two copies of the OTS Acceptance of Conditions and Certifications document, requiring the signatures of Chief Steve Towles and Sgt. Francesco Pirello, and two copies of the OTS Grant Agreement document, requiring the signatures of Chief Steve Towles, Sgt. Francesco Pirello and Finance Director Rory Burnett. Once approved by Council and signed by the above listed personnel, we will coordinate the return of the documents to OTS. As with previous OTS grants, it will not cost the City anything to accept this grant funding. It is a "reimbursable" grant which means that the City will be required to pay the officers to perform the work outlined in the grant and then submit for re-imbursement on a quarterly basis. The same is true for any items purchased as apart of this grant. There are no "matching funds" or `percentage requirements" with this grant so we will not be spending City money over and above what will be reimbursed by the grant.. IZE��I��D 4 2©09 L13Y AUU VERNON POLICE DEPARTMENT ' S OFFICE MEMORANDUM July 30, 2009 TO: Donal O'Callaghan, City Administrator _ FROM: Steve Towles, Chief of Police SUBJECT: Request for Council Approval of Office of Traffic Safety Grant The attached Staff Report requests City Council authorization to accept an Office of Traffic Safety (OTS) Grant award in the amount of $65,588, for DUI enforcement efforts during the period of 10/1/09 — 9/30/10. The Police Department submitted the grant application in January of this year. The grant proposal stated that the Police Department would conduct a number of enforcement activities including conducting DUI checkpoints, saturation patrols, DUI warrant service, post -hearing court sting operations, stakeouts for the "worst of the worst" repeat offenders. The grant also provides for DUI specific training for officers. The goals of the grant are to reduce the number of fatal or injury traffic collisions and alcohol -related collisions. An emphasis will be placed on reducing collisions occurring between the hours of 2100 and 0300). Included with the Staff Report is a letter from OTS to the Vernon Police Department advising of the tentative award, two copies of the OTSAcceptance of Conditions and Certifications document, requiring the signatures of Chief Steve Towles and Sgt. Francesco Pirello, and two copies of the OTS Grant Agreement document, requiring the signatures of Chief Steve Towles, Sgt. Francesco Pirello and Finance Director Rory Burnett. Once approved by Council and signed by the above listed personnel, we will coordinate the return of the documents to OTS. P CFIVFD JUL 3 0 2009 BY.-� STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, GOVERNOR BUSINESS, TRANSPORTATION AND HOUSING AGENCY DALE E. BONNER, SECRETARY OFFICE OF TRAFFIC SAFETY 2208 KAUSEN DRIVE, SUITE 300 os�tti� `3 j Jr �y ELK GROVE, ,CA 95756 www.ots.cA.gov . �'m ��� (916) 509-3030 (800) 735-2929 JMDD-Referral) (916) 509-3055 (FAX) .oa++ C A L I F O R I A O F F I C E O F T R A F F F I C S A F E T Y May 13, 2009 Grant No. AL1065 Brandon Gray Sergeant Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Dear Sergeant Gray: Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your funding request for the proposal titled "DUI Enforcement and Awareness Program" in the amount of approximately $65,588.00. Your OTS Coordinator will contact you by May 29, 2009, to discuss your proposal and explain the Grant Agreement process, including a possible "Pre -Funding Assessment" meeting. In preparation, please visit our website, www.ots.ca.gov, at Grants and Programs, to view the Grant Program Manual, which gives instructions for completing a Grant Agreement. The following are timelines for development of your Grant Agreement: Final Deadline for Draft Grant Agreement submitted to OTS July 10, 2009 Final Deadline for Final Grant Agreement submitted to OTS August 14, 2009 It is our goal to have all new grants start no later than October 1, 2009. Failure to meet these deadlines will jeopardize your funding. If approval from a City Council or the Board of Supervisors is required, you should begin that process now. Do not incur grant reimbursable costs prior to the receipt of your official approval packet from OTS or before your grant start date. OTS will initiate a statewide media news release regarding 2010 proposals selected for funding. Your agency should not publically announce this tentative award until the grant agreement is fully negotiated and signed by OTS. Again, congratulations on the success of your proposal. If you have any questions, please contact, Ron Miller, Regional Coordinator, at (916) 509-3020 or e-mail at rmiller@ots.ca.gov. Sincerely, OL CHRISTOPHER J. MURPHY Director ',m Page 1 of 2 Gray, Brandon To: Brandon Gray Subject: RE: AL1065 - Final Draft Grant Agreement From: Miller, Ron@OTS Sent: Tuesday, July 28, 2009 1:07 PM To: Brandon Gray (bgra covpd.org) Cc: Pirello, Francesco Subject: AL1065 - Final Draft Grant Agreement Brandon, Attached are your Final Grant Agreement documents ready for signatures (on Page 1 and OTS- 33). Print two (2) complete copies for original signatures. After you get them signed, mail the two originals plus 3 photocopies (five, total) to me by August 14. The only changes that we have made to them since you sent me the "Draft 2" versions are: Page 1 - I've replaced the Box 5 description with our updated standard language. Schedule A - I changed the CLEC due date (Objective #4) to March 26, 2010. Schedule B - I moved $1,000 from DUI Checkpoint Supplies to Travel Schedule B-1 Under Travel, I added to the list of approved travel, the Grant Operational Training (though you probably won't have much travel cost) for October 30, in Hollywood. - Under Travel, I added to the list of approved travel, the Vehicular Homicide Seminar. - I added a note about the requirements for attending the Vehicular Homicide Seminar. OTS-33 - Please complete (with signatures) the OTS-33 Schedule C - I will provide the Schedule C datasheet at a later date Please call or email me with any questions or concerns or if you won't be able to return the signed documents by August 14th. Thanks. Ron Miller 7/30/2009 Page 2 of 2 Regional Coordinator California Office of Traffic Safety T: 916-509-3020 F: 916-509-3055 E: RMiller@ots.ca.gov 7/30/2009 JINX RICHARDS I WATSON I GERSHON VNII ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION 355 South Grand Avenue, 40th Floor, Los Angeles, California 90071-3101 Telephone 213.626.8,484 Facsimile 213.626.0078 MEMORANDUM to: - Steve Towles, Chief of Police, City of Vernon from: Katrina C. Gonzales, Assistant City Attorney date: August 11, 2009 subject: OTS DUI Enforcement and Awareness Program I have reviewed the various documents relating to the City's DUI Enforcement and Awareness Program ("Program") funding request. Sergeant Gray has informed me that the documents have already been approved by the City's contact at the Office of Traffic Safety (OTS). Thus, to the extent the following comments or suggested changes may slow down the grant approval and disbursement process, it would be advisable that the City submit the documents to OTS in their current form (i.e., without making the recommended changes). 1. For consistency among the various documents, I suggest changing the Applicant Agency on the top of Page 1 of the form "Acceptance of Conditions and Certifications" to City of Vernon instead of the Vernon Police Department (as it appears in the Grant Agreement). 2. In the first paragraph of Page 1 of the form "Acceptance of Conditions and Certifications," under the heading "Terms and Conditions," I suggest rewording the paragraph for greater clarity (deletions are in strikethrough, additions are underlined): "It is understood and agreed by the Grantee City of Vernon ("Grantee") that grant funds received from the Office of Traffic Safety ("OTS" or "Grantor") as a result of this Agreement are subject to all applicable - federal and state regulations expressed in the OTS Grant Program Manual ("OTS GPM") which includes.. . .3. Please note that Chapter 6 and Exhibit 6-A of the OTS Grant Program Manual have been incorporated into the Acceptance of Conditions and Certifications. I have attached Exhibit 6-A (which contains general terms, conditions, and certifications) for your information and review. 4. In Page 5 of Schedule A, I suggest addressing when, or in what Phases of the Program, the City plans to conduct the various checkpoints, warrant service operations, stakeouts, saturation patrols, and stings described in Page 4. I recommend completing the Detailed Budget Estimate on Pages 2 and 3 of Schedule B to reflect the estimated training and travel costs, estimated costs for media awareness campaigns, and personnel costs for conducting the various patrol activities listed on Page 4 of Schedule A. The purpose of the Detailed Budget Estimate is to show how the City plans to use the entire grant amount. Accordingly, if the City has the ability to do so, it should list all estimated Program costs and foreseeable expenses from 10/1/2009 through 9/30/2010. Except for the comments and suggested changes listed above, the grant agreement and supporting documents are approved as to form. Let me know if you have questions. CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY -CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES, DO NOT 12720-0009\1158583vl.doe DISCLOSE THE CONTENTS HEREOF. DO NOT FILE WITH EXHIBIT 6-A GENERAL TERMS, CONDITIONS, AND CERTIFICATIONS These terms and conditions, when applicable, are to be incorporated by reference and made a part of, but not necessarily limited to, the following documents: grants, subgrants, contracts, subcontracts, interagency agreements, invitations for bid, and requests for proposal for goods or services for which Office of Traffic Safety grant funding reimbursement is requested. 1: Amendment. No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required.. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 2. Antitrust claims. The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Code sections set out below. a. The Government Code chapter on antitrust claims contains the following definitions: (1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. (2) "Public purchasing body" means the state or the subdivision or agency making a public purchase. (Reference: GC Section 4550) b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it my have under Section 4 of the Clayton Act (15 USC 15 [Title 15 Commerce and Trade, Chapter 1, Monopolies and Combinations in Restraint of Trade, Section 15, Suits by Persons Injured]) or under the Cartwright Act (Chapter 2 ) commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services 'by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (Reference: GC Section 4552) C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (Reference: GC Section 4553) (Rev. 5/08) EXHIBIT 6-A (Cont.) d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (Reference: GC Section 4554) 3. Approval. This agreement is of no force or effect until signed by both parties and - . . approved by the Office of Traffic Safety. Subgrantee, contractor, or subcontractor may not commence performance until such approval has been obtained. (Reference: California Department of General Services (DGS) Standard Agreement "General Terms and Conditions," form GTC304) 4. Assignment. This agreement is not assignable by the contractor, either in whole or in part, without the consent of the Office of Traffic Safety in the form of a formal written amendment. (Reference: DGS Standard Agreement "General Terms and Conditions, form GTC304) 5. Audits and access to records. Contractor agrees that the California Office of Traffic Safety, the National Highway Traffic Safety Administration, or their designated representative(s), shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to` allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records Further, contractor agrees to include a similar right of the state to audit records. and interview staff in any subcontract related to the performance of this agreement. (Reference: Government Code (GC) 8546.7, Public Contract Code (PCC) 10115 et. seq., California Code of Regulations (CCR) Title 2, Section 1896). 6. Availability of funds. It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. This contract is valid and enforceable only if sufficient funds are made available to the state by the United States Government for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner. The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds. . The Administrator has the option to void the contract under the thirty -day cancellation clause or to amend the contract to reflect any reduction for funds. (Reference: State Contracting Manual, Chapter 3) 2 (Rev. 5/08) EXHIBIT 6-A (Cont.) 7: Buy America Act. (Applies only to Federal -aid construction grants located on federal - aid highways, highways classified as local roads and rural minor collectors and .transportation enhancement grants.) Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall grant contract by more than 25 percent. Clear justification for the purchase of non -domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. (Reference: "Buy America Act" 23 USC 101 Note) 8. Byrd Anti -Lobbying Amendment (31 USC 13521, Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has riot used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC 1352.. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such, disclosures are forwarded from tier to tier up to the recipient. 9. Child Support Compliance Act. "For any agreement in excess of $100,000, the contractor acknowledges in accordance with, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child. and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." (Reference: DGS Standard Agreement "General Terms and, Conditions," form GTC304) 10. Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et sea.), as amended. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 USC 1251„ et seq.). Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11.1 Compensation. The'consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, 3 (Rev. 5/08) EXHIBIT 6-A (Cont.) including travel, per diem, and taxes, unless otherwise expressly so provided. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 12. . Consultant/Subcontracts. Com etition. No grantee shall draft, or cause to be drafted, any invitation to bid or request for proposal, in connection with the awarding of a consulting services contract,, in such a manner as to limit the bidding directly to any one bidder. At least three competitive bids or proposals shall be secured for each consulting services contract. (Reference: PCC §§ .10372 and 10373) Independent contractor. Contractor, and the agents and employees of contractor, in the performance -of this agreement, shall act in an independent capacity and not as officers or employees or agents of the state. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) Progress schedule. Grantees entering into a contractual agreement for consultant services totaling five thousand dollars ($5,000) or more shall include detailed criteria and a mandatory progress schedule. (Reference: PCC § 10371) Progress payments: Grantees may provide for progress payments to consultants for work performed or costs incurred in the performance of the contract. Not less than ten percent of the contract amount shall be withheld pending final completion of the contract and an evaluation of the contractor's performance. If the contract consists of the performance of separate and distinct tasks, then any funds so withheld with regard to a particular task may be paid upon completion of that task and an evaluation of the contractor's performance. (Reference: PCC § 10379) 13. Contract Work Hours and Safety Standards Act (40 USC 327-333). Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-333),. as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less. than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the. work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation of transmission of intelligence. 14. Convict/forced labor. No.foreign-made equipment, materials, or supplies furnished .pursuant to this contract may be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. (Reference: PCC § 6108) 4 (Rev. 5/08) EXHIBIT 6-A (Cont.) 15. Copeland "Anti -Kickback" Act (18 USC 874 and 40 USC 2760. All contracts.and subgrants in excess of $2,000 for construction or repair awarded by recipients and sub, recipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 USC 874), as supplemented by Department of Labor regulations (29 CFR part'3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the federal awarding agency. 16. Copyrights (41 CFR 105-71.134). The federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 17. Credits/Disclaimer (OTS Grant Program Manual, Chapter 7). The Final Report, in addition to any other credits, shall include the following statement: "This grant is a part of the California Traffic Safety Program and was made possible through the support of the California Office of Traffic Safety; Business, Transportation and Housing Agency; State of California; and the National Highway Traffic Safety Administration." In addition, the Final Report shall include the following statement: "The opinions; findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, or the National Highway Traffic Safety Administration." 18. Davis -Bacon Act, as. amended (40 USC 276a to a-7). When required by federal program legislation, all construction contracts awarded by the recipients and sub recipients of more than $2,000 shall include a provision for compliance with the Davis - Bacon Act (40 USC 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the federal awarding agency. 19. Debarred and suspended parties. Grantees, subgrantees, contractors, and subcontractors must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." (Reference: 49 CFR 18.35) 5 (Rev. 5/08) EXHIBIT 6-A (Cont.) 20. Disadvantaged business enterprise/small business affirmative steps. Grantees, subgrantees, contractors, or subcontractors will take all necessary affirmative steps to assure that disadvantaged business enterprises (DBE), as defined in 49 CFR Section 26.5, and labor surplus area firms are used when possible. Affirmative steps shall include: a. Placing qualified DBEs and small businesses on solicitation lists. b. Assuring that DBEs and small businesses are solicited whenever they are potential sources. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and DBEs. d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and DBEs. e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. (Reference: 49 CFR 18) 21. Disclosure requirements. a. Any document or written report prepared for or under the direction of a state or local agency, which is prepared in whole or in part by non -employees of such agency, shall contain the contract numbers and the dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report when the total cost for such work performed by non -employees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be set forth in a separate section of each such document or written report. . b. When multiple documents or written reports are the subject or product of the contract, the total contract amount is deemed to represent the compensation for those multiple documents or written reports. (Reference: GC § 7550) 22. Disputes Contractor shall continue with the responsibilities under this agreement during any dispute. (Reference: DGS Standard Agreements "General Terms and Conditions," form GTC304) 23. Document Retention and Access. The Grantee certifies that it will comply with the retention and access requirements for records established by 49 CFR Part 18.42. The required records and documentation relating to the grant and/or sub -contract shall be retained for a minimum of three years after the starting date of the retention period as defined in Section 18.42. The OTS or their authorized representative shall have the right of access to any books, documents, papers, or other records of grantees, contractors, or. 6 (Rev. 5/08) EXHIBIT 6-A (Cont.) sub -contractors which are pertinent to the grant and/or contract, in order to make audits, examinations, excerpts and transcripts. The right of access is not limited by the required retention period and shall last as long as the records are retained. 24. Equipment. Equipment acquired under this agreement for use in highway safety program areas. shall be used and kept in operation for highway safety purposes by the state; or the state, by formal agreement with appropriate officials of a political subdivision or state agency, shall cause such equipment to be used and kept in operation for highway safety purposes. (Reference: 23 CFR 1200.21) 25. Egual'employment opportunity. All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, and Department of Labor." (Reference: OMB Circular A-110, Appendix A —reference applies to Clauses 31 through 37) 26. Financial management system. The grantee, subgrantee, contractor, or subcontractor will comply with all applicable state, local, and federal procurement procedures and will maintain a financial management system that complies with the minimum requirements of 49 CFR 18.20. 27. , Governing law. This contract is governed by and shall be interpreted in accordance with the laws of the State of California. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 28. Indemnification: Contractor agrees to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by contractor in the performance of this agreement. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 29. Intangible property. a. The recipient (grantee, subgrantee, contractor, or subcontractor) may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under award. The California Office of Traffic Safety and the National Highway Traffic Safety Administration reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. b. Recipients are subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights, to Inventions Made by Nonprofit Organizations and 7 (Rev. 5/08) EXHIBIT 6-A (Cont.) Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements." The federal government has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes. (1) In addition, in response to a Freedom of Information Act (FOIA) request for research data relating to published research findings produced under an award that were used by the federal government in developing an agency action that has the force and effect of law, the federal awarding agency shall request, and the recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the federal awarding agency obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect costs incurred by the agency, the recipient, and applicable sub recipients: This fee is in addition to any fees the agency may assess under the FOIA (5 USC 552(A)(4)(a)). (2) The following definitions apply for purposes of paragraph (d) of this section: (i) Research data is defined as the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, but not any°of the following: preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. This "recorded" material excludes physical objects (e.g., laboratory samples). Research data also do not include: (A) Trade secrets, commercial information, materials necessary. to be held. confidential by a researcher until they are published, or similar information which is protected under law; and (B) Personnel and medical information and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study. (ii) Published is defined as either when: (A) Research findings are published in a peer -reviewed scientific of technical journal; or (Rev. 5/08) EXHIBIT 6-A (Cont.) (B) A federal agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. (iii) Used by the federal government in developing an agency action that has the force and effect of law is defined as when an agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. e. Title to intangible property and debt instruments acquired under an award or subaward vests upon acquisition in the recipient. The recipient shall use that property for the originally -authorized purpose, and the recipient shall not encumber the property without approval of the federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of OMB Circular A-110, paragraph 34(g)• (Reference: Office of Management and Budget (OMB) Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, and OMB Circular A-102 Grants and Cooperative Agreements with State and Local Governments) 30. Lo2os. The OTS logo will appear on all promotional materials where appropriate and practical. Contact the appropriate OTS Coordinator for copies. 31. Non-discrimination clause. State requirements: , During the performance of this agreement, contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. . Federal requirements: In addition to state non-discrimination requirements, grantees, subgrantees, contractors, and subcontractors will comply with all federal statutes and implementing regulations relating to nondiscrimination. Federal nondiscrimination statutes include but are not limited to:, (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin and 49 CFR Part 21; (b) Title IX of the on Amendments of 1972, as amended (20 9 (Rev. 5/08) EXHIBIT 6-A (Cont.) USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicaps; Americans with Disabilities Act of 1990 42 USC §§ 12101 et seq. and implementing regulations, relating to nondiscrimination on the basis of disability, 29 CFR Parts 160, 1602 (Title I, EEOC), 28 CFR Part 35 (Title II, Department of Justice) 49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation) 28 CFR Part 36 (Title III, Department of Justice), 47 CFR §§ 64.601 et seq. (Title IV, FCC), and 49 CFR Part 27 (d) the Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107, which prohibits discrimination on the, basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse of . alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of house; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement. 32. Political Activity (Hatch Act). All individuals employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, including grants from the California Office of Traffic Safety, have been made aware of the provisions of 5 USC, Government Organization and Employees; Part II, Civil Service Functions and Responsibilities; Chapter 15, Political Activity of Certain State and Local Employees; Sections 1501 through 1508. This statute does not include individuals employed by an educational or research institution, establishment, agency, or system which is supported in'whole or in part by a State or political subdivision thereof, or by a. recognized religious, philanthropic, or cultural organization. (Reference: 5 USC §§ 1501-1508 and 5 CFR 151) 33. Priority hiring considerations: For contracts in excess of $200,000, the contractor,.in accordance with the California Public Contracting Code § 10353, shall consider filling vacancies in positions funded by the contract to qualified recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, in accordance with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. This section and Article 3.9 (commencing with Section 11349) of Chapter 2. of Part 3 of Division 9 of the Welfare and Institutions Code shall not be applicable to any contracts for a grant as defined in Section 10105. (Section 10105 defines a grant as "... the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement of any kind which will exceed a total cost calculated pursuant to subdivision (b)." 10 (Rev. 5108) EXHIBIT 6-A (Cont.) This section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be construed so as to do any of the following: a. Interfere with or create a violation of the terms of valid collective bargaining agreements. b. Require the contractor to hire an unqualified recipient of aid. C. Interfere with, or create a violation of, any federal affirmative action obligation of a contractor for hiring disabled veterans or veterans of the Vietnam era. d. Interfere with, or create a violation of, the requirements of Section 12990 of the Government Code. (Reference: PCC § 10353) 34. Program Income (41 CFR 105-71.125 and OTS Grant Program Manual, Chapter 1). Grant/contract activities that generate revenues as a result of NHTSA-OTS funding must be reported to OTS. Written notification of the source and amount of such income must be made to OTS at the earliest opportunity. A separate account must be maintained for the collection, expenditure, and disposition of program income. Program income generated shall be utilized to further the objectives of the grant or reduce current grant costs. Records shall be held fora period of three years after the final reimbursement and close of the grant/contract. 35. Recyclint! certification. The contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials; goods, or supplies offered or products used in the performance of this agreement, regardless of whether the produce meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (Reference: PCC § 10233, 10308.5, 10354) 36. Rights to inventions'made under a contract or agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the federal government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 37.. Single Audit Act Certification. The OTS is the agency responsible for administering California's' federal highway safety funds on behalf of the Governor. Federal funds are provided for this grant by the United States Department of Transportation. This program is listed in the Catalog of Federal Domestic Assistance (CFDA) as "State and Community .Highway Safety 20.600." The records and supportive documentation for all completed 11. (Rev. 5/08) EXHIBIT 6-A (Cont.) grants are subject to an on -site audit and OTS reserves the right to inspect and review during normal working hours the work product of any independent auditor in support of their audit. The Grantee certifies that it will comply with the Single Audit Act of 1984 (31 U.S.C. 7501 et. seq.), as amended, which requires the following: a. State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. b. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal audit requirements. C. Nothing in this paragraph exempts State or local governments from maintaining records of federal financial assistance or from providing access to such records to Federal Agencies, as provided for in federal law or in Circular A-133 "Audits of States, Local Governments and Non -Profit Organizations". d. The State Controller's Office notifies OTS of those cities, counties, and special districts that have not submitted an audit report or have not indicated to SCO that they are exempt each fiscal year. Grantee agencies that are not in compliance will be notified and required to provide verification of compliance or be subject to sanctions including, reimbursement withholding or grant cancellation. 38. Solicitation. No employee of the applicant agency, the contractor, or any agency acting on behalf of the agency, may solicit or accept gratuities, favors, or anything of monetary value from contractors or potential contractors. 39. Termination for cause. The Administrator may terminate this agreement and be relieved of any payments should the Contractor fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the Administrator may proceed with the work in any manner deemed proper by the Administrator. All costs to the state shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand. (Reference: DGS Standard Agreement ".General Terms and Conditions," form GTC304) 40. Termination without cause. The Administrator may terminate unilaterally and without cause upon thirty days written notice to the Contractor. All work performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. (Reference: State Contracting Manual, Chapter 3) 41. Timeliness. Time is bf the essence in this agreement. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 42. Unenforceable provision. In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions 12 (Rev. 5/08) EXHIBIT 6-A (Coat.) of this agreement have force and effect and shall not be effected thereby. (Reference: DGS Standard Agreement "General Terms and Conditions," form GTC304) 13 (Rev. 5/08) EXHIBIT 6-A (Cont.) CERTIFICATIONS AND ASSURANCES STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements (GC 12996 (a-f) and CCR, Title 2, Section 8103). (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REO.UIREMENTS: Contractor will comply with the 'requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug -free workplace; (3) any available counseling, rehabilitation, and employee assistance programs; and, (4) penalties. that may be imposed upon employees for drug abuse violations. Every employee who works on the proposed agreement will: (1) receive a copy of the company's drug -free workplace policy statement; and, (2) agree to abide by the terms of the company's statement as a condition of employment on the agreement. Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement or both and grantee, subgrantee, contractor, or subcontractor may be ineligible for award of any future state agreements if the Office of Traffic Safety or the National Highway Traffic Safety Administration determines that any of the following has occurred: (1) the grantee, subgrantee, contractor, or subcontractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) (The Drug -Free Workplace Act of 1988 49 CFR Part 29 Subpart F) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee, subgrantee, contractor, or subcontractor certifies that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against contractor within the immediately preceding two-year period because of contractor's failure to comply with an order of a federal court which orders contractor to comply with 14 (Rev. 5/08) EXHIBIT 6-A (Cont.) an order of the National Labor Relations Board. (PCC 1.0296) (Not applicable to public entities.) DOING BUSINESS WITH, THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. CONFLICT OF INTEREST. Grantee, subgrantee, contractor, or subcontractor needs to be aware of the following provisions regarding current or former state employees. If grantee, subgrantee, contractor, or subcontractor has any questions on the status of any person rendering services or involved with the agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410) a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest. and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411) a. For the two -'year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in. any of the negotiations, transactions, planning, arrangements, or any part of the. decision -making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving state service. If grantee, subgrantee, contractor, or subcontractor violates any provisions of above paragraphs, such action by grantee, subgrantee, contractor, or subcontractor shall render this agreement void. (PCC 10420) Members or boards and cominissions are exempt from this section if they do not receive payment other than payment of each.meeting of the board or commission, payment for, preparatory time and payment for per diem. (PCC 10430(e)) 2. LABOR CODE/WORKERS' COMPENSATION: Grantee, subgrantee, contractor, or subcontractor needs to be aware of the provisions which require every employer to be 15 (Rev. 5/08) EXHIBIT 6-A (Cont.) insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions, and grantee, subgrantee, contractor, or subcontractor affirms to comply with such provisions before. commencing the performance of the work of this agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT. Grantee, subgrantee, contractor, or subcontractor assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 USC 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the grantee's, subgrantee's, contractor's, or subcontractor's name as listed on this agreement. Upon receipt of legal -documentation of the name change an amendment will be processed. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in Revenue and Taxation Code (R&TC) Section 23101 as actively engaging in any transaction for the purpose of financial orpecumary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise:' tax. C. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified,to do business in California. Agencies wilt determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: Upon request, a county, city, district, or other local public body must provide the state with a copy of a -resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the state laws, the grantee, subgrantee, contractor, or subcontractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subjectto cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 16 (Rev. 5/08) . EXHIBIT 6-A (Cont.) CERTIFICATION REGARDING NON -DUPLICATION OF GRANT FUNDING The certifying applicant has no ongoing or completed grants under agreement with other federal funding sources which duplicate or overlap any work contemplated or described in this traffic safety grant. It is further agreed that any pending or proposed request for other federal grant funds which would duplicate or overlap work under this traffic safety grant will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of federal fund expenditures subsequently determined by audit will be subject to recovery by the Office of Traffic Safety. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for grants, subgrants, contracts, subcontracts, and cooperative agreements. Signatories to this agreement certify to the best of their knowledge and belief that: No federal appropriated funds have been paid or will be paid, by or on behalf of the above signed, 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 above signed shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. Signatories to this agreement shall require that the language of this certification be included in the award documents for all sub -award at all. tiers (including subcontracts, subgrants, contracts, and. subcontracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US 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. CERTIFICATION REGARDING STATE LOBBYING None of the funds under this program will be 'used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a 17 (Rev. 5/08) EXHIBIT 6-A (Cont.) state official whose salary is supported with National Highway Traffic Safety Administration 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, 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 participation in this transaction by any federal department or.agency. 2. Where, the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. (49 CFR 29) ENVIRONMENTAL IMPACT Signatories to this agreement hereby declare that no significant environmental impact will result from implementing this grant or service. If, under a future amendment, this grant or service will be modified in such a manner that a grant would be instituted that could affect environmental quality to the extent that a review and statement would be necessary, the Office of Traffic Safety has certified to the National Highway Traffic Safety Administration that it is prepared to take the action necessary to comply with the National Environmental Policy Act of 1969 (42 USC 4321 et seq.). (Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 CFR 1500 et seq.) ENERGY EFFICIENCY It is understood the certifying applicant will purchase only energy efficient equipment, whenever possible and appropriate. LIMITED ENGLISH PROFICIENCY (LEP) The certifying applicant will take reasonable steps to ensure meaningful access by persons with limited English proficiency to the information and services provided through federal financial assistance. 18 (Rev. 5/08) /l INl o,� ��S G � •' /L� p,u VERNON POLICE DEPARTMENT OFFICE MEMORANDUM August 5, 2009 TO: Gena M. Stinnet, Attorney at Law Laurence S. Wiener, Attorney at Law FROM: Steve Towles, Chief of Police SUBJECT: Office of Traffic Safety (OTS) DUI Enforcement and Awareness Program Please review the attached Office of Traffic Safety (OTS) DUT Enforcement and Awareness Program for approval as to form.