Loading...
HomeMy WebLinkAbout05.L- Police 5.L RESOLUTION (ID # 4499) DOC ID: 4499 B CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Grant From: Jarrod Burguan M/CC Meeting Date: 10/03/2016 Prepared by: Jeffrey Harvey, (909) 384- 5742 Dept: Police Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the Amount of No More Than $430,000.00 and Authorizing the Police Department to Accept and Administer the Grant (#4499) Current Business Registration Certificate: Not Applicable Financial Impact: i Account Budgeted Amount: $0.00 Account No.To be established when and if grant is awarded. Account Description: Overtime, materials and supplies, small tools and equipment Balance as of: Sept. 30, 2016 $0.00 Balance after approval of this item: $430,000.00 Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred, but not yet processed. There is no matching fund requirement on the part of the City. There is no financial impact to the City's general fund. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 03/03/14 Resolution 2014-49, California Office of Traffic Safety - STEP grant, approved by Council 01/07/13 Resolution 2013-1, California Office of Traffic Safety - STEP grant, approved by Council 04/10/12 Resolution 2012-67, California Office of Traffic Safety - STEP grant, approved by Council Background: The California Office of Traffic Safety (OTS) is awarding grant funds for its Selective Traffic Enforcement Program (STEP) grant, using best-practice strategies shown to reduce traffic collisions and gain favorable media coverage. OTS funding is based on the federal fiscal year beginning October 1, 2016. The grant application requesting overtime reimbursement will become operational on October 1, 2016, and ends September 30, 2017. The grant application was sent and accepted by the OTS office in January 2016. The San Bernardino Police Department has been awarded and has Updated: 9/27/2016 by Georgeann "Gigi" Hanna B I Packet Pg. 641 5.L 4499 administered similar grants over many years. CA Office of Traffic Safety awarded the City of San Bernardino $430,000 to cover overtime costs and supplies. Like the 2015-2016 STEP grant, all traffic events will be combined under one grant, titled STEP grant. The police department will use STEP grant funds, if awarded, to reimburse overtime expended strategies such as DUI/CDL checkpoints, and DUI saturation patrols. This program will also develop a "Hot Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. There will also be enforcement patrols focused on motorcycle DUI enforcement, traffic enforcement, distracted driving enforcement, motorcycle enforcement, Nighttime seatbelt/child restraint seat violations, and bicycle/pedestrian safety enforcement operations. Each of these traffic operations will be conducted in an attempt to make the streets of San Bernardino safer for all pedestrians and motorists. The STEP program will seek voluntary compliance of traffic laws by generating publicity throughout the one-year grant period. OTS will cover all costs associated with overtime for enforcement programs for the full 12-month grant period. After conducting an evaluation of available resources and developing a deployment strategy during this period, the police department has requested and awarded funding to conduct 12 DUI/CDL checkpoints, 30 DUI saturation patrols, three motorcycle DUI saturation patrols, four traffic enforcement operations, one distracted driving enforcement operation, three motorcycle safety enforcement operations, one nighttime Click-It-or-Ticket operations, three bicycle and/or pedestrian safety enforcement operations and three educational presentations impacting 50 or more community members. We are asking that approximately six to 10 officers be funded for each event, which puts that many more police officers on our streets increasing visibility of patrol cars in our neighborhoods. The police department is also requesting that OTS cover the costs of grant related phlebotomy services, and other supplies to include: a light tower/trailer to be used to illuminate checkpoints, three PAS (Preliminary Alcohol Screening) devices and supplies, a GPS device for the traffic collision reconstruction system (Total Station), checkpoint supplies, DRE evaluation tools, office supplies and educational materials. The total amount awarded $64,051. Overtime funding will include supervisor, detective, officer, and clerical positions for a total cost of$365,949. Staffing varies depending on the enforcement detail being worked. There is no matching fund requirement for this grant. See Exhibit "A" for goals and objectives and budget sections of the grant application describing the agreement and allotted funds. City Attorney Review: Supporting Documents: OTS STEP Grant Resolution (DOC) Exhibit "A" - 2016-2017 Grant Application (PDF) Updated: 9/27/2016 by Georgeann "Gigi" Hanna B Packet Pg.642 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF AN APPLICATION FOR A 3 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FROM THE 4 STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) IN THE AMOUNT OF NO MORE THAN $430,000.00 AND AUTHORIZING THE POLICE 5 DEPARTMENT TO ACCEPT AND ADMINISTER THE GRANT r 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 a. W F_ N 8 SECTION 1. That the Mayor and Common Council ratify the submittal of an 0 9 application for a Selective Traffic Enforcement Program ("STEP") Grant from the State of N 10 11 California Office of Traffic Safety ("OTS") in the amount not to exceed $430,000.00, for the cm 12 federal fiscal year October 1, 2016, to September 30, 2017, a copy of which is attached and V 13 incorporated herein as Exhibit"A." c 0 14 SECTION 2. If awarded, the Police Department is hereby authorized to accept the m 15 State of California Office of Traffic Safety STEP Grant in the amount not to exceed c 16 17 $430,000.00. N d 18 SECTION 3. The Police Department is hereby authorized to obligate and expend o t7 19 the Office of Traffic Safety STEP Grant funds in the amount not to exceed $430,000.00, if a. 20 co awarded, as outlined in the attached grant application and line-item budget, Exhibit"A." 0 21 0 SECTION 4.Upon receipt of award,the Director of Finance is hereby authorized to c 22 E 23 amend the FY16/17 adopted budget as outlined in the attached grant application and line-item 24 budget. a 25 26 27 28 1 Packet Pg. 643 5.L.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF AN APPLICATION FOR A 2 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FROM THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) IN THE AMOUNT 3 OF NO MORE THAN $430,000.00 AND AUTHORIZING THE POLICE 4 DEPARTMENT TO ACCEPT AND ADMINISTER THE GRANT 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and c� 7 Common Council of the City of San Bernardino at a meeting w F 8 thereof,held on the day of , 2016,by the following vote, to wit: F 9 Council Members: AYES NAYS ABSTAIN ABSENT o 10 �o 11 MARQUEZ N BARRIOS °1 12 � 13 VALDIVIA 0 (owl 14 SHORETT A 15 NICKEL c 16 17 RICHARD 0 o: 18 MULVIHILL L O 19 w 20 Georgeann Hanna, City Clerk y 21 O The foregoing resolution is hereby approved this day of , 2016. 22 E 23 24 R. Carey Davis, Mayor a City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney (W 27 28 By. 2 Packet Pg. 644 State of California—Office of Traffic Safety GRANT NU GRANT AGREEMENT - Page 1 PT17106 OTS-38 (Rev.4/16) GRANT TITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM(STEP) 2. NAME OF AGENCY CITY OF SAN BERNARDINO 4. GRANT PERIOD 3. AGENCY UNIT TO ADMINISTER GRANT From: 10/1/16 SAN BERNARDINO POLICE DEPARTMENT To: 9/30/17 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. The funded strategies may include enforcement operations focusing on impaired driving, distracted driving, nighttime seat belt use,motorcycle safety, and pedestrian and bicycle safety. Operations are conducted in areas with disproportionate numbers of traffic collisions. Other funded strategies may include public awareness, educational programs and training for law w enforcement. F_ In In 0 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 430,000.00 T 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this N reference made a part of the Agreement: cc T • Schedule A(OTS-38b)—Problem Statement,Goals and • Exhibit A—Certifications and Assurances N Objectives and Method of Procedure . Exhibit B*-OTS Grant Program Manual • Schedule B(OTS-38d)—Detailed Budget Estimate and v Sub-Budget Estimate(if applicable) • Schedule B-1 (OTS-38f)—Budget Narrative and Sub- c Budget Narrative(if applicable) ° w *Items shown with an asterisk(*),are hereby incorporated by reference and made a part of this agreement as if attached hereto. U These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. Q a We,the officials named below,hereby swear under penalty of perjury under the laws of the State of California that we are duly _ authorized to legally bind the Grant recipient to the above described Grant terms and conditions. 2 IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. 0 8. APPROVAL SIGNATURES _ N 111 A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY 0 NAME: Jeff Harvey PHONE: 909-388-4912 NAME: Jarrod Burguan PHONE: 909-384-5607 N TITLE: Sergeant FAx: 909-388-4902 TITLE: Chief of Police Q FAX: ADDRESS: 710 N. "D" Street ADDRESS: 710 N."D17 Street San Bernardino, CA 92401-1112 San Bernardino, CA 92401-1112 w fi E-MAIL: Harvey_je@sbcity.org E-MAIL: Burguana @sbcity.org °' j E U I (Signature) (Date) � (Signature) (Date) Q C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED To RECEIVE PAYMENTS NAME: Mark Scott PHONE: 909-384-5122 NAME: San Bernardino City Finance Department TITLE: City Manager FAx: 909-384-5138 ADDRESS: 300 N. "D"Street ADDRESS: 300 N. "D" Street San Bernardino, CA 92418-0001 San Bernardino,CA 92418-0001 9. DUNS NUMBER E-MAIL: Scott_ma @sbcity.org DUNS#: 805349206 REGISTERED 710 N."D" Street ADDRESS& San Bernardino, CA 92401-1112 (Signature) (Date) ZIP: Packet Pg. 645 5.L.b Page 2(Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/1/2016 GRANTEE CITY OF SAN BERNARDINO GRANT NO. PT17106 0. Fin Action No. 1 Date: 8/26/2016 12. TYPE OF AGREEMENT I Initial X I Revision Cont. PAID MEDIA PROGRAM INCOME TASK NO. F.F.Y. Revision No. Date: 2 2017 11. Action Taken 13. FUNDING DISPOSITION&STATUS Fiscal Year Amount Initial approval of 2017 HSP funds obligated. 2016-17 430,000.00 2015-16 2014-15 2013-14 Total 430,000.00 LU a Obligated This Action 430,000.00 Previously Obligated 0.00 Total Amount Obligated 430,000.00 0 ti T 0 N TOTAL FUNDS PROGRAMMED 430,000.00 0 N 14. FUNDING DETAIL-FISCAL YEAR GRANT PERIOD ENDING: 9/30/2017 w rn FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES c 164AL 20.608 0521-0890-101 (10/15) 2015 10/15 2015 $ 150,000.00 v 402PT 20.600 0521-0890-101 (10/15) 2015 10/15 2015 $ 65,000.00 'Q Q 164AL 20.608 0521-0890-101 (23/16) 2016 23/16 2016 $ 150,000.00 Q 402PT 20.600 0521-0890-101 (23/16) 2016 23/16 2016 $ 65,000.00 - $ ti 0 $ N to r $ N $ - - a r TOTAL FEDERAL FUNDS: $ 430,000.00 'p s x 15. GRANT APPROVAL&AUTHORIZATION TO EXPEND OBLIGATED FUNDS W A. APPROVAL RECOMMENDED BY B. AGREEMENT&FUNDING AUTHORIZED BY a� E NAME: RON MILLER NAME: RHONDA L. CRAFT TITLE: Program Coordinator TITLE: Director Q PHONE: (916)509-3020 E-MAIL: ron.miller @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 Elk Grove, CA 95758 Signature Signature OTS-38a*(Rev. 01116) Packet Pg. 646 5.L.b GRANTS MADE EASY-STEP SCHEDULE A 0 GRANT DESCRIPTION GRANT No. PT17107 PAGE 1 1. PROBLEM STATEMENT The City of San Bernardino is beginning to level out after being on a steady financial decline since 2010. Every year since then we have experienced more and more cuts in programs and personnel. In 2012 the City of San Bernardino filed for bankruptcy protection. Since that time our city has been struggling to balance the budget. We recently submitted a Plan of Adjustment,which has been accepted by the Judge handling our case. As a result of these problems, staffing throughout the City of San Bernardino has been reduced drastically. Not only have positions been cut but many employees have chosen to leave their employment 0. LU with the City of San Bernardino to go to other employment where they have more stability. N N In December 2012 the police department staffed slightly over 300 sworn personnel. Today, late December p 2015 the police department has less than 225 sworn personnel. This is a cut of approximately 23% of our sworn personnel. The traffic unit within the police department has been reduced to 1 sergeant, 1 detective, 6 b officers, 1 Civilian Investigative Officer, 1 community service officer II, 1 administrative assistant, 3 senior c office assistants, and 7 parking enforcement officers (2 of which are part-time positions). This is a slight N increase from the staffing that we had in December 2014. Unfortunately our traffic unit is short on traffic officers because we are unable to transfer officers out of patrol assignments to put them in this specialty assignment as they are needed to handle regular calls for 2 service. At our peak many years ago,we staffed our Traffic unit with 14 officers. With a lower number of 20 traffic officers,there is much less time during the officer's regular shift to dedicate to proactive traffic a enforcement. As a consequence, traffic fatalities in the city are at an all-time high. It is imperative that a a funding source is obtained to assist with traffic safety and enforcement. The grant monies that we have been i awarded by the Office of Traffic Safety have been extremely beneficial to the residents and visitors of San Bernardino. Grant monies put more officers on our streets enforcing traffic laws and educating the public. o N Even though our sworn staffing has taken a substantial cut, San Bernardino police officers continue to arrest N impaired drivers. In 2014, the number of DUI drivers arrested increased to 483 from the 310 arrests made in 2013. In 2015 we arrested approximately 390 suspected DUI drivers, most of which were made during OTS a grant funded events. The traffic detective and five (5) of the six (6) officers assigned to the Traffic unit successfully earned their"23152"pin in 2014. Five (5)of the six(6)traffic officers as well as one(1)patrol x officer are on track to earn a"23152"pin for 2015 as they have 25 or more DUI arrests within the calendar W year. E In 2015, the San Bernardino Police Department was tasked with investigating 38 fatal traffic collisions, resulting in 39 deaths on our city streets. This is an increase from the 31 collisions (32 deaths)that we a investigated in 2014 and is the highest number of traffic fatalities that we have seen on the streets of San Bernardino in over 20 years. Many of these collisions were investigated by our Traffic personnel,many times during their scheduled time off. Although alcohol or drugs were confirmed to be a factor in only eleven(11) of these collisions, there are still many in which we are awaiting blood results. Five(5) of these fatal traffic investigations were or will be sent to the San Bernardino County District Attorney's Office for review and possible manslaughter or murder filings due to gross negligence on the part of at least one of the OTS-38b(Rev.4/16) Packet Pg. 647 GRANTS MADE EASY-STEP SCHEDULE A 0 GRANT DESCRIPTION GRANT No. PT17107 PAGE 2 involved drivers. These investigations are time consuming and take the traffic officers off the street for a substantial amount of time,which also adds to the decrease in our proactive time to enforce traffic laws. Our city has seen a major influx in auto/pedestrian collisions over the past two (2) years. Seventeen(17) of the 38 traffic collisions that we investigated in 2015 resulted in the deaths of pedestrians and another eight (8)were single vehicles colliding into fixed objects, such as trees or poles. If awarded grant money,we can increase our traffic enforcement in hopes of decreasing the number of deaths and injuries resulting from traffic collisions. a w H O A. Traffic Data Summary: 0 N Collision 2013 2014 2015 Type N Collisions Victims Collisions Victims Collisions Victims a) Fatal 18 19 32 33 38 39 rn 4 Injury 724 1211 939 1365 1503 1596 Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured 2 Alcohol - 3 56 4 73 8 66 9 94 11 141 12 Unk* Involved c Hit&Run 0 78 0 94 3 153 3 175 7 589 8 Unk* a Nighttime 3 93 4 132 7 148 7 160 8 176 8 Unk* (2100-0259 hours) 0 ti Top 3 Primary Collision Factors Fatal Injury Killed Injured N #1 - VC 21800-Violation of Right of Way 2 762 2 * CO #2 - VC 22350 Excessive Speed 1 460 1 * N #3 - VC 21453/22450 Stop Lights/Stop Signs 14 1 356 4 Q *The database used to obtain these numbers was not functioning properly in 2015.The problem has been fixed from 12/15 forward.Data was compiled by hand for hit and run collisions with injuries,but not the total number of injured. w c 2. PERFORMANCE MEASURES E U fC w A. Goals: Q 1) Reduce the number of persons killed in traffic collisions. 2) Reduce the number of persons injured in traffic collisions. 3) Reduce the number of persons killed in alcohol-involved collisions. OTS-38b(Rev.4/16) Packet Pg. 648 GRANTS MADE EASY—STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17107 PAGE 3 4) Reduce the number of persons injured in alcohol-involved collisions. 5) Reduce the number of persons killed in drug-involved collisions. 6) Reduce the number of persons injured in drug-involved collisions. r 7) Reduce the number of persons killed in alcohol/drug combo-involved collisions. IL 8) Reduce the number of persons injured in alcohol/drug combo-involved collisions. y Cn 9) Reduce the number of motorcyclists killed in traffic collisions. p ti 10)Reduce the number of motorcyclists injured in traffic collisions. c°r 0 11)Reduce hit&run fatal collisions. CN w CD 12)Reduce hit&run injury collisions. c 13)Reduce nighttime(2100 -0259 hours) fatal collisions. 2 14)Reduce nighttime (2100 - 0259 hours) injury collisions. a Q 15)Reduce the number of bicyclists killed in traffic collisions. a C7 16)Reduce the number of bicyclists injured in traffic collisions. o N 17)Reduce the number of pedestrians killed in traffic collisions. N 18)Reduce the number of pedestrians injured in traffic collisions. a B. Objectives: s x W 1) Issue a press release announcing the kick-off of the grant by November 15. The kick-off press d releases and media advisories, alerts, and materials must be emailed to the OTS Public Information E Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the 0 issuance date of the release. a 2) Participate in the following campaigns: • National Walk to School Day—October 5,2016 • National Teen Driver Safety Week—October 16-22, 2016 • NHTSA Winter Mobilization—December 16,2016 to January 1, 2017 • National Distracted Driving Awareness Month—April 2017 • National Bicycle Safety Month—May 2017 jl�OTS-38b(Rev.4/16) Packet Pg. 649 GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17107 PAGE 4 • National Motorcycle Safety Month—May 2017 • National Click It or Ticket Mobilization—May 17-20,2017 • NHTSA Summer Mobilization—August 19, 2017 to September 6,2017 • National Child Passenger Safety Week—September 17-23, 2017 • California's Pedestrian Safety Month—September 2017 w C P 3) Develop (by December 31) and/or maintain a"HOT Sheet"program to notify patrol and traffic t� officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license w as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. Cn 0 4) Send 2 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing(SFST) o (minimum 16 hour) POST-certified training. 0 5) Send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving `" Enforcement(ARIDE) 16 hour POST-certified training. 6) Send 1 law enforcement personnel to the Drug Recognition Expert (DRE) training. c �o 7) Send 1 law enforcement personnel to the DRE Recertification training. .Q CL a 8) Send 1 law enforcement personnel to SFST Instructor training. _ �a L 9) Send 1 law enforcement personnel to DRE Instructor training. ti 0 N 10)Conduct 12 DUVDL Checkpoints. Note:A minimum of I checkpoint should be conducted during the NHTSA Winter Mobilization and I during the NHTSA Summer Mobilization. To enhance the CD overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance .' press release and conduct social media activity for each checkpoint operation. For combination a DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoint operations should read "DUI/Driver's x License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an w w exception basis and with OTSpre-approval will OTSfund checkpoint operations that begin prior to m 1800 hours. E �a 11)Conduct 30 DUI Saturation Patrol operation(s). a 12)Conduct 4 Traffic enforcement operation(s), including but not limited to,primary collision factor violations. 13)Conduct 1 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. OTS-38b(Rev.4/16) Packet Pg. 650 5.L.b GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17107 PAGE 5 14)Conduct 3 highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed,DUI, following too closely,unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers.Note:It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about motorcycle safety issues. '- c� ' a 15)Conduct 1 Night-time (1800 - 0559 hours) Click It or Ticket enforcement operation(s). y 16)Conduct 3 highly publicized Pedestrian and Bicycle enforcement operation(s) in areas of or during p events with a high number of pedestrian and/or bicycle collisions resulting from violations made by r pedestrians,bicyclists, and drivers.Note: It is recommended the grantee issue an advance press 11r release and conduct social media activity prior to each operation to publicize and raise awareness c about pedestrian and bicycle safety issues. w 17)Conduct 3 Traffic Safety educational presentations with an effort to reach community members. :3 Note:Presentations may include topics such as distracted driving, DUI, speed,pedestrian and r_ bicycle safety, seatbelts and child passenger safety. .2 v 18) Conduct 3 highly publicized Pedestrian enforcement operations using the Mounted Enforcement a Unit, in areas of or during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians,bicyclists, and drivers.Note:It is recommended the grantee 2 issue an advance press release and conduct social media activity prior to each operation to ti publicize and raise awareness about pedestrian and bicycle safety issues. o N NOTE:Nothing in this "agreement"shall be interpreted as a requirement,formal or informal, that a N particular law enforcement officer issue a specified orpredetermined number of citations in pursuance of the goals and objectives hereunder. a r a 3. METHOD OF PROCEDURE K W A. Phase 1 - Program Preparation, Training and Implementation (1"Quarter of Grant Year) E • The department should develop operational plans to implement the "best practice" strategies outlined in the objectives section. a • All training should be conducted this quarter. • All grant-related purchases should be made this quarter. • In order to develop/maintain 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 convictions. OTS-38b(Rev.4/16) Packet Pg. 651 GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17107 PAGE 6 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 should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. B. Phase 2 -Program Operations (Throughout Grant Year) a. • The department will work to create media opportunities throughout the grant period to call attention U) to the innovative program strategies and outcomes. o ti 0 Media Requirements N co 0 • Submit all grant-related activity press releases,media advisories, alerts and general public materials to the OTS Public Information Officer(PIO) at pio&ots.ca.gov,with a copy to your OTS Coordinator. c 2 a) If an OTS template-based press release is used,the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially a changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time C would be 10-20 days prior to the release date to ensure adequate turn-around time. L b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process,but still should be copied to the OTS PIO and N Coordinator when the release is distributed to the press. to T O N c) Activities such as warrant service operations and court stings that could be compromised by ' advanced publicity are exempt from pre-publicity,but are encouraged to offer embargoed media a coverage and to report the results. iE X • Use the following standard language in all press, media, and printed materials: Funding for this `" Y program was provided by a grant from the California Office of Traffic Safety,through the National Highway Traffic Safety Administration. _ U 2 • Email the OTS PIO at pio a,ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a Q short description of any significant grant-related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough-cut of all printed or recorded material (brochures,posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio(d),ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. OTS-38b(Rev.4/16) Packet Pg. 652 GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17107 PAGE 7 • Include the OTS logo, space permitting, on grant-funded print materials; consult your OTS Coordinator for specifics. C. Phase 3—Data Collection &Reporting(Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of o goals and objectives. CL W • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated N in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include U) year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting O form will be completed each quarter and submitted as part of the QPR. o N �O • Reports will compare actual grant accomplishments with the planned accomplishments. They will o include information concerning changes made by the Grant Director in planning and guiding the `" grant efforts. • Reports shall be completed and submitted in accordance with OTS requirements as specified in the e Grant Program Manual. Q 4. METHOD OF EVALUATION Q .r c Using the data compiled during the grant, the Grant Director will complete the"Final Evaluation"section in the fourth/final Quarterly Performance Report(QPR). The Final Evaluation should provide a brief summary ti of the grant's accomplishments, challenges and significant activities. This narrative should also include N whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 0 N 5. ADMINISTRATIVE SUPPORT Q This program has full support of the City of San Bernardino. Every effort will be made to continue the activities after the grant conclusion. X I c I � U tC Q OTS-38b(Rev.4/16) Packet Pg. 653 SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT 17106 CATALOG TOTAL FUND NUMBER FUND DESCRIPTION NUMBER(CFDA) AMOUNT 164AL 20.608 Minimum Penalties for Repeat Offenders For $ 300,000.00 Driving While Intoxicated 402PT 20.600 State and Community Highway Safety $ 130,000.00 COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST 10/1/16 thru 9/30/17 TO GRANT �a L A. PERSONNEL COSTS CFDA FY-1 O a Overtime Cn DUI Checkpoints 20.608 $ 107,916.00 $ 107,916.00 DUI Saturation Patrols 20.608 $ 154,260.00 $ 154,260.00 H O Benefits @ 5.250% 20.608 $ 13,765.00 $ 13,765.00 r 0 Traffic Enforcement 20.600 $ 22,344.00 $ 22,344.00 m Distracted Driving 20.600 $ 5,586.00 $ 5,586.00 0 Motorcycle Safety Enforcement 20.600 $ 16,758.00 $ 16,758.00 rn Night-time Click It or Ticket 20.600 $ 5,586.00 $ 5,586.00 v Pedestrian and Bicycle Enforcement 20.600 $ 16,758.00 $ 16,758.00 `r Mounted Ped/Bicycle Enforcement 20.600 $ 16,758.00 $ 16,758.00 0 w Traffic Safety Educational Presentations 20.600 $ 1,728.00 $ 1,728.00 co Benefits @ 5.250% 20.600 $ 4,490.00 $ 4,490.00 a Category Sub-Total $ 365,949.00 $ 365,949.00 Q w B. TRAVEL EXPENSE In-State 20.600 $ 3,892.00 $ 3,892.00 O ti Category Sub-Total $ 3,892.00 $ 3,892.00 c N C. CONTRACTUAL SERVICES m T None $ - $ - o N Category Sub-Total $ - $ - D. EQUIPMENT Q Light Tower Trailer w/Generator 20.608 $ 15,000.00 $ 15,000.00 E Traffic Collision Reconstruction System 20.600 $ 30,000.00 $ 30,000.00 w Category Sub-Total $ 45,000.00 $ 45,000.00 E. OTHER DIRECT COSTS E DUI Checkpoint Supplies 20.608 $ 1,059.00 $ 1,059.00 PAS Device/Calibration Supplies 20.608 $ 3,000.00 $ 3,000.00 Phlebotomist 20.608 $ 5,000.00 $ 5,000.00 Q Drug Recognition Evaluation Tools 20.600 $ 2,100.00 $ 2,100.00 Office Supplies 20.600 $ 1,000.00 $ 1,000.00 Educational Materials 20.600 $ 3,000.00 $ 3,000.00 Category Sub-Total $ 15,159.00 $ 15,159.00 F. INDIRECT COSTS Category Sub-Total $ - $ - GRANT TOTAL $ 430,000.00 $ 430,000.00 OTS-38d(Rev. 4/16) Page 1 of 1 Packet Pg. 654 SCHEDULE B-1 GRANT No.PT17106 BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. cc O Costs are estimated based on an overtime hourly rate range of$27.30 hour to $93.05/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation o up to the maximum range specified. r 0 N Overtime Benefit Rates Unemployment Insurance 0.30% N Workers Compensation 3.50% Medicare 1.45% TOTAL BENEFIT RATE 5.25% a 2 M RAVEL EXPENSE U Q. In State a Y c Costs are included for appropriate staff to attend conferences and training events supporting the grant cD goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. o All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) N must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not o be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. a CONTRACTUAL SERVICES :n NONE X w Y EQUIPMENT U 1 Light Tower Trailer w/Generator—trailer with high intensity light fixture(s)mounted on top of a Q telescoping boom and powered by a generator to illuminate a wide area for greater visibility during night time hour operations. 1 Traffic Collision Reconstruction System-system to diagram and record a traffic collision scene and perform calculations. Costs may include laptop, software, electronic transit, electronic distance measuring device and accessories. OTS-38f(Rev.4/16) Packet Pg. 655 5.L.b SCHEDULE B-1 GRANT No.PT17106 BUDGET NARRATIVE Page 2 OTHER DIRECT COSTS DUI Checkpoint Supplies-on-scene supplies needed to conduct sobriety checkpoints. Costs may include 28"traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10),traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares,PAS device supplies,heater,propane for heaters, fan, anti-fatigue mats, and canopies. Additional C items maybe purchased if approved by OTS. The cost of food and beverages will not be reimbursed. o. LU 4 PAS Device/Calibration Supplies-preliminary alcohol screening devices to detect the presence of alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and accessories. o ti Phlebotomist-to draw and collect blood samples from suspected DUI drivers on scene as evidence in N support of DUI convictions in a court of law. Services will be billed at$45.00 per draw. o N Drug Recognition Evaluation Tool Kit—items may consist of blood pressure cuff vital signs monitor with rn printer, infrared temporal scan thermometer, infrared light, and carry case. The Vital Signs monitor provides all of the essential features needed for most patient monitoring and is hospital grade and would o simplify the three sets of vital signs that must be collected during each DRE exam. The results can be printed and attached to the CHP DRE form if we desire. Non-invasive blood pressure monitoring is medically accepted everywhere. The device is small and portable (no rack required to hold it). Temporal Q thermometers do not require any interaction with the subject,the simply use infrared light to obtain temperature. Additional items maybe purchased if approved by OTS. ti Office Supplies-used for standard office supplies to support grant related activities, grant monitoring and N reporting. Costs may include paper,toner, ink cartridges, CDs/DVDs and desk top supplies such as pens, pencils,binders, folders, flip charts, easels and clips. Excludes office furnishings and fixtures such as but o not limited to the following: desk, chair, table, shelving, coat rack, credenza,book, filing cabinet, floor covering, office planter, storage cabinet,portable partition,picture,wall clock, draperies and hardware, and a fixed lighting/lamp. s X Educational Materials—costs of purchasing, developing or printing brochures,pamphlets, fliers, coloring w books,posters, signs, and banners associated with grant activities, and traffic safety conference and training a materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional E items may be purchased if approved by OTS. a OTS-38f(Rev.4/16) Packet Pg. 656 5.L.b SCHEDULE B-1 GRANT No.PT17106 BUDGET NARRATIVE Page 3 INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. O a. W F- 0 ti 0 N r O N a) 14 d' C O r U CL CL Q a+ N ,L^ V r N T N Q t X W C E L 0 R r w Q i OTS-38f(Rev.4/16) Packet Pg. 657 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 1 Failure to comply with applicable Federal statutes,regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes,regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. cc Applicable provisions include,but are not limited to,the following: 0 a w • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended y U) • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to 0 State and Local Governments 0 N • 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs c N 01 01 NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to c nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(Pub. L. 88- o 52),which prohibits discrimination on the basis of race, color or national origin(and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683 and 1685-1686),which C prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 = U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended(42 U.S.C. 12101, 2 et seq.),which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d)the Age Discrimination Act of 1975, as amended(42 U.S.C. 6101-6107), which prohibits discrimination on the basis of N age; (e)the Civil Rights Restoration Act of 1987 (Pub. L. 100-259),which requires Federal-aid recipients and all sub-recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; N (f)the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; (g)the comprehensive Alcohol Abuse and Alcoholism a Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended(42 U.S.C. 290dd-3 and 290ee-3),relating to confidentiality of alcohol and w drug abuse patient records; (i)Title VIII of the Civil Rights Act of 1968, as amended(42 U.S.C. 3601, et seq.), 'r- relating to nondiscrimination in the sale,rental or financing of housing; 0) any other nondiscrimination s provisions in the specific statute(s)under which application for Federal assistance is being made; and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application. a Certifications and Assurances(Rev.5/16) Packet Pg. 658 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act(49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest,that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear 2 justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and a approved by the Secretary of Transportation. N U) POLITICAL ACTIVITY(HATCH ACT) p The Grantee Agency will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508)which limits the T political activities of employees whose principal employment activities are funded in whole or in part with c°r Federal funds. 0 N CERTIFICATION REGARDING FEDERAL LOBBYING CD Certification for Contracts, Grants, Loans, and Cooperative Agreements c 6The undersigned certifies,to the best of his or her knowledge and belief,that: °- ."1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any a 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 L the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the ti entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or c modification of any Federal contract, grant, loan, or cooperative agreement. 11b 0 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 a officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form- x LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. W c 3. The undersigned shall require that the language of this certification be included in the award documents for OE all sub-award at all tiers (including subcontracts, sub-grants, and contracts under grant, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. a This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. Certifications and Assurances(Rev.5/16) Packet Pg. 659 EXHIBIT A AM CERTIFICATIONS AND ASSURANCES Mar Page 3 RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g., "grassroots")lobbying activities,with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice,even if such communications urge legislative officials to favor or oppose the adoption 2 of a specific pending legislative proposal. a w CERTIFICATION REGARDING DEBARMENT AND SUSPENSION N Instructions for Primary Certification p I. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification N set out below. `r° 0 N 2. The inability of a person to provide the certification required below will not necessarily result in denial of CD participation in this covered transaction. The prospective participant shall submit an explanation of why it :3 cannot provide the certification set out below. The certification or explanation will be considered in r_ connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. a a 3. The certification in this clause is a material representation of fact upon which reliance was placed when the L department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to 0 the Federal Government,the department or agency may terminate this transaction for cause or default. 0 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this N grant agreement is submitted if at any time the Grantee Agency Official learns its certification was a erroneous when submitted or has become erroneous by reason of changed circumstances. r r 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant, w person,primary covered transaction,principal, grant agreement, and voluntarily excluded, as used in this clause,have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in 0 obtaining a copy of those regulations. a 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. Certifications and Assurances(Rev.5/16) Packet Pg. 660 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 4 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the a eligibility of its principals. Each participant may,but is not required to, check the list of Parties Excluded from Federal Procurement and Non-procurement Programs. Cn 0 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in r order to render in good faith the certification required by this clause. The knowledge and information of a N participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. N 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the v department or agency may terminate this transaction for cause or default. a a Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered L Transactions (1)The Grantee Agency Official certifies to the best of its knowledge and belief,that its principals: c N c0 (a)Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded c by any Federal department or agency; N (b)Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, x attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public w transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of record,making false statements, or receiving stolen property; E r (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, a State or Local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and (d)Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local)terminated for cause or default. r ere the Grantee Agency Official is unable to certify to any of the Statements in this certification, such ctive participant shall attach an explanation to this grant agreement. Certifications and Assurances(Rev.5/16) Packet Pg. 661 5.L.b EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 5 Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. a. W 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification p was erroneous when submitted or has become erroneous by reason of changed circumstances. 0 N 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant, o person,primary covered transaction,principal, grant agreement, and voluntarily excluded, as used in this N clause,have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may rn contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. o r ,55. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with Q a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared a ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the a department or agency with which this transaction originated. ti 0 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— N Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all , solicitations for lower tier covered transactions. (See below) w 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower X tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, w suspended, ineligible, or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the E eligibility of its principals. Each participant may,but is not required to, check the List of Parties Excluded U from Federal Procurement and Non-procurement Programs. Q 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Certifications and Assurances(Rev.5/16) Packet Pg. 662 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 6 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c �o Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: w cn 1. The prospective lower tier participant certifies,by submission of this grant agreement,that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily o excluded from participation in this transaction by any Federal department or agency. o N 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, o such prospective participant shall attach an explanation to this grant agreement. N rn a> c 0 c� U_ Q Q Q C /L^ V r 0 N r O N a w r2 X w Y CD I L U c6 Y Y Q 1 Certifications and Assurances(Rev.5/16) Packet Pg. 663